• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lowell v Redmen05

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Hi thank you for the help.
    Ive now received an email from mediation but it has 3 boxes to tick one being have you received all information regarding claim or words to that effect. I havenít received anything from Lovells regarding claim particulars. What shall I do????

    Comment


    • #32
      They confirmed they had requested a copy of the agreement back in October as I recall, they've still not provided it ? Anything else at all from them since returning your directions questionnaire ?

      You have received the agreement through your SAR to Tesco, which means it is likely they'd also have provided it to Lowell, so you probably ARE in a position where you could mediate to negotiate a settlement IF you wanted to.... however Lowell are still in default of the CCA request AT THE MOMENT ( they could still comply before the case gets to a hearing )... so now is a good time to negotiate an out of court settlement at a discount to avoid the CCJ later - either by affordable installments, or if you are able, a full and final settlement ( which is likely to get a higher discount ).
      If you agree settlement at mediation it would be under a mediation agreement and no CCJ would be applied.

      Otherwise it's a case of saying No to the mediation and continuing on towards the court hearing and hoping that they don't comply by the time it comes to exchanging witness statements.

      In my view, as the account wasn't opened until 2012, and Tesco have sent you a copy of the agreement in the SAR pack, it is likely that they will comply, so taking advantage of their currently being in default of the CCA request might be a wise move.

      It's a case of weighing up whether you are happy to risk them coming up with the documents and obtaining a CCJ at court for the full amount vs the possibility of agreeing a lower settlement amount now and not continuing the defence of the claim.
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #33
        Thank you. Shall I pursue mediation or call Lowellís?

        Comment


        • #34
          You could call Lowell, and say that you've had contact from the court about Mediation, however you haven't yet received any documents from Lowell in response to your CCA request or CPR request ( default notice/notice of assignment ) or any breakdown of the amount owed so are unable to respond positively to the court so seems unlikely mediation would go ahead..... However..... you'd be happy to have a without prejudice conversation regarding bringing this to an end without the need to continue with your defence through court if they would be willing to accept XXX in settlement / XXX as installments over X months as settlement, on the condition that they discontinue / stay the claim. And see how you get on.

          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #35
            Thank you Iíll give it a go

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 < >

            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Witness Statements
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
            2 of 2 < >

            Need Formal Help?




            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...

            upgrade to vip

            Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

            only £15/yr

            Offers available. No subscription traps.

            sign up now



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X