**DISCONTINUED** HELP - CC Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Sols

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

It looks like our cases are almost identical! Did you also receive the N180 from the court?

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Thanks, do you I need to complete section D1 about the county court centre the case should be heard at?

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Thanks, do you I need to complete section D1 about the county court centre the case should be heard at?

You do have the opportunity to nominate your preferred venue.
Ultimately the court will decide on track allocation & where the case is to be heard; this is usually your local court if you are an individual & a defendant.

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I also recieved my N180

I was confused about the mediation track so I ticked yes I agree. I figured when they call I will just say that I wasn't sure if mediation was the correct path for us as Lowell have not respinded to my CCA or CPR requests.

I decided to do a little digging regarding my debt as I honestly thought Lowell would have given up by now. I contacted the original creditor on the off chance they still had me on record and the girl on the phone, who seemed a little confused by whether or not she was meant to speak to me told me my last payment was for £10 on 2nd October 2010. The account was already in default at this time but I didn't remember this payment. None the less, it was on an already defaulted account so I am really hoping that my 6 years started from last payment and not 21 days later otherwise Lowell may have just been in time frame. I'm thinking as the account was already defaulted though it will run from 2nd October which means they were just out.

According to Cohen (before Lowell took the debt back) it was defaulted in June 2011 which is definitely wrong but we'll see what the court says. Either way they can't get blood from a stone.

[MIKE770]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

They will ask if you have the paperwork/documents to go forward with the case - you say no if they have not sent them, Mediation will then say not suitable for mediation and pass back to the court

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Thanks for all the advice everyone. I will send my completed N180 back today to the court and to Lowells and wait for the mediator to get in touch...

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

After sending off my Directions Questionnaire I received this e-mail:

Small Claims Telephone Mediation ServiceTel: 01604 795511 - Email: scmreferrals@hmcts.gsi.gov.uk
Claim Number: XXXXXXX
Parties: LOWELLv XXXXXXXXXXXXX

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to be booked within 21 days of this email.

Please note thatthis is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.

Mediation can only be arrangedif we are able to verbally complete the mediation criteria with all parties. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation.If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.

Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

Mediation Requirements

Please read the following 3statements:

	Yes	No
1.For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?
2.I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate
3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable)
I am available between 9:30 & 13:30 on a Monday
I am available between 9:30 & 13:30 on a Tuesday
I am available between 9:30 & 13:30 on a Wednesday
I am available between 9:30 & 13:30 on a Thursday
I am available between 9:30 & 13:30 on a Friday

Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.

If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below)

Full name of person that will be mediating: (If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them)

The telephone number the mediator needs to call: (A direct number is preferable, mobile numbers are acceptable)

Your email address:

Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.
The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 01604 795511 or reply to this email with your query.


How is Mediation Carried Out?

You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation.

Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session.

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out.

If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.


Important Preparation if you chose to mediate

Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

1.You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.
Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

2.The mediator may call from a blocked or unknown telephone number.
Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

3.If you want a 3^rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.
Top Tip: The 3^rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3^rd party makes.

4.Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you.
Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

5.Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

6.If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.
Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

7.The mediator speaks to both parties separately.



If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.


Small Claims Mediation Service Contact Details

Tel: 01604 795511
Email: scmreferrals@hmcts.gsi.gov.uk
Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Did you receive the same e-mail? [MENTION=93026]Little Nelsky[/MENTION]

My main concern is the second question - 2.I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

They have still not provided me with any information on this alleged debt even after I requested it. I think this mediation route is for when people confirm that money is owed by one party but they are disputing on how or when it will be paid. I don't want to waste the mediators time as I feel like that will be one of the first questions they ask an I will have to say no.

[nemesis45]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

After sending off my Directions Questionnaire I received this e-mail:

Standard form for you to complete.
If you don't have the data/documents to enable you to confidently enter into the mediation you should say so at this stage.

nem

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I decided to contact the mediator, as I didn't think it was the best course of action for me. The sent me the following reply:

Good morning,

Thank you for your email.

If you do not have enough information from the other party, mediation cannot be arranged and the case will instead be transferred to a local court to proceed. Once the case has been transferred you will be notified in writing and that court will contact you with further directions.

In the interim you can try to contact the other party directly to request the information that you require. If the Judge at the local court maintains that the case is suitable for mediation, and you receive the information you require, please contact us again and we will try to arrange an appointment.

If you require any further information please contact us at the below details.

Yours faithfully

[charitynjw]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

That's ok; par for the course, actually.

You should be notified in due course by the court as to your next steps.

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

Yep! I actually received a letter from the court today just confirming that it has been passed back to them and that the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.

I guess this means I will be going to court soon.

[Little Nelsky]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

[MENTION=91388]titanicsuite[/MENTION]

Did you hear anything else regarding your case? I have just recieved my official court date. It says that Lowell should give me a full statement of accounts by 18th January and pay their £80 court costs by 24th.

Be interested in what they think they have!

Could anyone verify if it is too late to submit evidence I did not have when the defence was filed?

Thanks

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I've not received anything yet, it's probably a little delayed what with Christmas & New Year but I expect to receive something very similar soon. I'll keep you updated

[titanicsuite]

Re: HELP - County Court Claim Form from Lowell Portfolio I Ltd/Cohen Cramer Solicitor

I received a letter from the courts today. The letter was titled 'Notice of Allocation to the Small Claims Track (Hearing)'

The letter states:

"District Judge xxxxxxx has considered the statements of case an questionnaires filed and allocated the claim to the small claims track.

Having considered the papers in your case the, the court believes that your case is suitable for mediation......"

It then goes on to discuss the process of mediation. I had already been advised to go through mediation. After speaking with the mediator they had advised for my case to be passed back to the small claims track as I still had insufficient information from the claimant. The rest of the letter details the process of the small claims track and ends with a hearing date of 14 March. It says Lowell need to pay £25.00 hearing fee by 14 February.

I'm assuming at this stage I do not need to do anything until the hearing? It does say I need to provide the other party and the courts with copies of any documents we may rely on at the hearing. I guess thats simple enough - copies of all the letters I sen along with the proof of postage...