Directions Questionnaire

[kittykins]

Hi, I received a claim for non payment of a credit card, which i defended using a template from this website. I have now received a Directions Questionnaire asking me if i will consider Mediation. When i defended the claim i asked for copies of the original Agreement, Default Notice and Notice of Assignment. All that has been provided is the Notice of Assignment. Should i agree to Mediation or am i at a disadvantage ?

[MIKE770]

if your request for documents is outstanding then respond and agree to mediation BUT when mediation talk to you they will ask if you have the necessary documents to continue possible mediation you state NO they will then state not suitable for mediation and pass back to the court system unless a change of situation at that point??

[kittykins]

Hi, i have nowreceived notification that the claim has been transferred to the small claims court. The solicitors eant me to pay via a tomlin order. I have made them an offer for approx a wuarter of what they say i owe, which they have rejected. They havnt provided me with evidence of how much i owe ... can anyone advise me what to do?

[warwick65]

Without more details it is impossible to know what may be your best course of action.

You say it is a credit card
A few questions I guess would help

When was it opened?
Approx what is the balance they are claiming?
What are the particulars of claim?
Did you send a CCA request?
Did you send a CPR 31.14 request - if so what did you ask for?

What, apart from the notice of assignment have they sent you?

Who are the claimants and who are the solicitors

There is no need to post exact details just rough amounts and approx dates such as year it was opened

[jaguarsuk]

Hi, i have nowreceived notification that the claim has been transferred to the small claims court. The solicitors eant me to pay via a tomlin order. I have made them an offer for approx a wuarter of what they say i owe, which they have rejected. They havnt provided me with evidence of how much i owe ... can anyone advise me what to do?

That would suggest they are having trouble getting hold of the documents and I hope "Without Prejudice" was heading the offer (although I fear not)?

If they still have not sent the documents to you then you can't asses your full legal position of whether you should enter into any agreement with them by Tomlin Order or Otherwise.

[Diana M]

received notification that the claim has been transferred to the small claims court. The solicitors eant me to pay via a tomlin order. I have made them an offer for approx a wuarter of what they say i owe, which they have rejected.

Without knowing the full facts it's difficult to advise.

It's standard procedure for some solicitors to send to a Tomlin Order at this stage because they hope you'll respond (you did) and that will save them the expense of going to court (since costs aren't recoverable in the Small Claims Track unless there are conduct issues).

Was your offer made over the phone or in writing? Was there an expiry date on that Tomlin Order offer (I expect there was).

I wouldn't read too much into the situation but focus on what lies ahead.

Once the claim is transferred to your local county court you will receive a Notice of Allocation (Hearing) with the Trial date and Directions as to who has to do what and by when.

You only say that they haven't produced evidence of what you owe but does that mean they have provided a credit agreement and the Default Notice?

Some solicitors wait until the Witness Statement stage to produce documents leaving the Defendant little time to deal with the situation (perhaps only 14 days before the Trial date).

Who was the original creditor as they may give some indication as to whether those documents will ever be produced?

Di

[kittykins]

Hi, in response to warwick65 the card was opened in about 2003 and they are claiming a balance of approx 4k. The particulars of claim state that the account was opened in 2003, that i am in breach of the agreement, that the agreement was terminated and that the agreement was later assigned to claimant in 2015. I sent the CCA request and the CPR 31.14 asking for a copy of the Credit Agreement, Default Notice and Notice of Assignment. I have only received the Notice of Assignment. The claimants are Lowell Portfolio Limited and the Solicitors are Lowell Solicitors Limited. My offer to settle at 750 was rejected and they have again asked me to make a reasonable offer to pay via a Tomlin Order.. They have also stated that if i agree to the Tomlin order the fee will be added to my outstanding balance. I have now received notification from the court that the matter has been transferred to my local court and the hearing date is early next month. The court has suggested we settle the matter before court but they have not provided me with evidence of the debt. They have said on a number of occasions tht they are trying to obtain it from the original creditor so it will take time. Not sure what to do now, any further advice will be greatly appreciated. Thanks

[kittykins]

Thanks for your response jaguarsuk. No, the letter wasn't headed 'without prejudice' from the Solicitors. However, when i made them an offer of 500 (which i later increased to 750,) i did put without prejudice at the top of the letter.. They have said that if the matter reaches a hearing then they reserve the right to produce their letters at court as evidence that costs of attendance could have been avoided and should be borne by me regardless of the outcome.

[Diana M]

Who was the original creditor?

Di

[warwick65]

Hi
So it's a 2003 agreement, who with?

It might be worth having some free initial legal advice from a law firm - the firm Diana M represents does that as I think does the firm PT2537 works for

I suspect they are trying to scare you- why would they get costs if they lose?

Is the default notice an original or a reconstituted one - is it valid - there are many reasons why they are not valid

[kittykins]

Thank you for your response diana M, i really appreciate you taking the time out to advise me. If i wanted to agree to the Tomlin Order i was meant to sign and return it before 12 April, However i rejected it because they have not provided evidence of the debt. I did increase my offer to settle from 500 to 750 but they have rejected that. I have now received the notice of allocation for a hearing next month with directions from the court. The claimant must pay a trial fee to the court before 23 May or the case will be struck out. Will the court notify me once it has been paid. The claimant has not provided the Default notice or the Credit Agreement, they have just told me how much they claim that i owe. They have wrote to me however to state they are trying to obtain the documents from the original creditor, Lloyds Credit Card. What happens if they do produce the evidence 14 days before trial, is it too late for me to request a Tomlin Order? I

[kittykins]

Hi warwick65 I haven't received a default notice, only the notice of assignment.

[Diana M]

Thank you for your response diana M, i really appreciate you taking the time out to advise me. . . . . .The claimant has not provided the Default notice or the Credit Agreement, they have just told me how much they claim that i owe. They have wrote to me however to state they are trying to obtain the documents from the original creditor, Lloyds Credit Card.

Thank you for clarifying some things but in case I've misunderstood your posts on this thread can you answer some questions for me:

1. You say this was a Lloyd's credit card account opened in 2003. How was it opened (online, in branch etc.)?

2. Was there PPI on this account?

3. From what you say the Claimant has not complied with your s 77-79 CCA Request for the credit agreement (and other compliance necessities) but have they actually admitted that to you in correspondence?

4. Have you sent a Subject Access Request to Lloyds to get the full history of this account? If not then it's in your best interests to do that asap.

5. When did you last make a payment to anyone in relation to the account?

( Your tag for me didn't work - you need to use Diana M )

Di.

[Diana M]

The claimant must pay a trial fee to the court before 23 May or the case will be struck out. Will the court notify me once it has been paid.

No they won't.

Don't rely on non payment or a late payment of the Hearing fee by the Claimant as meaning anything significant despite the court's Directions.

When is the Hearing date?

Di

[kittykins]

Thank you for clarifying some things but in case I've misunderstood your posts on this thread can you answer some questions for me:

1. You say this was a Lloyd's credit card account opened in 2003. How was it opened (online, in branch etc.)?

2. Was there PPI on this account?

3. From what you say the Claimant has not complied with your s 77-79 CCA Request for the credit agreement (and other compliance necessities) but have they actually admitted that to you in correspondence?

4. Have you sent a Subject Access Request to Lloyds to get the full history of this account? If not then it's in your best interests to do that asap.

5. When did you last make a payment to anyone in relation to the account?

( Your tag for me didn't work - you need to use Diana M )

Di.

Hi @DianaM thank you for your response. Sorry i havent responded for a while, i have only just been able to access computer. I cant remember where the account was opened but i am fairly certain it would have been online. I think there was PPI on the account for which i have already had a refund (i think it was off Lloyds anyway, it was obtained using a company).
They have still not responded to my CCA request and have admitted to this in correspondence.
I havent actually sent a SAR to Lloyds, do you think i should do this before any court hearing?
I am unsure when i last made a payment, however, the solicitors have told me it was assigned to their client in 2015 so i assume it was around about then?
I believe this matter will go to trial and am concerned about that, but i think it is unfair because they havent provided me with evidence of the debt so i am unable to consider the claim properly.
Do you have any suggestions for me?
Thank you in advance.