Lowell/Bryan Carter claim form

[nemesis45]

Re: Lowell/Bryan Carter claim form

Yes I sent recorded & kept a copy, seems like I am stuffed with this one now then. Trying to resolve it has done me no favours!

I would re send your offer of settlement to Andrew Bartle Chief Operating Office at Lowell a Formal F& F offer, it may be that no one with any authority has seen your offer.

I can draft a letter which I've used before if you wish.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

Yes please nemesis, I am keen to see an end to this, it is the only debt ive had & dont want to take a chance getting a ccj under any circumstances if possible. If & its a big if I offered to pay the whole amount over a few months would this then stop any further court action & the possibility of getting a judgement. I dont want to dig myself any bigger holes.

[nemesis45]

Re: Lowell/Bryan Carter claim form

Yes please nemesis, I am keen to see an end to this, it is the only debt ive had & dont want to take a chance getting a ccj under any circumstances if possible. If & its a big if I offered to pay the whole amount over a few months would this then stop any further court action & the possibility of getting a judgement. I dont want to dig myself any bigger holes.

We can certainly try!!

There's is always the chance of getting them to accept payments secured by a Consent ( Tomlin) order whereby the claim is stayed as long as agreed payments are maintained no CCJ is recorded.

If you want to PM me with your offer figures and the amount claimed I will know better how to draft the letter .

nem

[nemesis45]

Re: Lowell/Bryan Carter claim form

Yes please nemesis, I am keen to see an end to this, it is the only debt ive had & dont want to take a chance getting a ccj under any circumstances if possible. If & its a big if I offered to pay the whole amount over a few months would this then stop any further court action & the possibility of getting a judgement. I dont want to dig myself any bigger holes.

Hello Polly.

Suggestion sent by PM.

Address to Andrew Bartle Chief Operating Officer
Lowell

Ellington House
9 Savanna Way
Leeds Valley Park
Leeds
LS10 1 AH

nem

[Diana M]

Re: Lowell/Bryan Carter claim form

I received a mcol claim form back inb April 2016 I have acknowledged this and sent the relevant cca/cpr request (they were not replied to within the time scale requested) I was sent some paperwork on this claim a week or two back which to all intense & purposes looks made up. However it is now at the stage of being allocated to Court for a hearing on 29th November,

. . . . I was wondering if it is possible for me to make a request to pay this debt off or is it to late for this now

When you received your Notice of Allocation (Hearing) did it say somewhere on the Order that the court considers this claim suitable for Mediation with their contact details? They usually say that and you can sometimes grab a telephone Mediation appointment before the hearing.

If that does happen you can settle this with a Mediation settlement which is legally binding and not a CCJ so it won't show on your CRA files.

Check to see what the Order says and enquire as to whether it's too late for free Mediation to save the court time and costs.

Did either/both of you tick 'Yes' to the box offering Mediation on the Directions Questionnaire?

If the Trial is vacated seven days or more before it's due to take place then the Claimant should get their hearing fee refunded too.

It may be worth a try

Di

[polly12]

Re: Lowell/Bryan Carter claim form

Thank you Diana M, I have had the mediation phone conversation a couple of months back, however it was unable to take place as at that time I was not in possesion of the CCA or the CPR requested so had no idea who this debt was for, this was explained to the mediator who said that because of that mediation was unable to take place. They have only in the past week or two sent recon credit agreement & some other dubious paperwork! I will attach a copy of the hearing letter from court it says nothing about mediation still be able to take place.

[polly12]

Re: Lowell/Bryan Carter claim form

Just having a look through all my paperwork as my defence/documents have to be at Court by 15.11.2016. Court hearing set for 25.11.2016
Ime getting a little more than confused the default debt was £166.44 - Principal Debt £343.60 - although looking through my paperwork the balance owed moves about from £457.88 then £582.04 & £512.88
I have also noticed that in the midst of paperwork tennis I received a letter from Lowell on 11.08.2016 informing me that this debt had been passed to BW & now to deal direct with them. The day after I received a letter from BW informing me that unless I paid the debt of £591.32 by the 28.08.2016 Legal proceedings would be issued via mcol!!!! Does anyone there know what they are doing its no wonder peeps like me are confused with it all. It also states on the documents that BW have sent to court that I have willingly signed a CCA agreement but yet they have only produced an unsigned one

[polly12]

Re: Lowell/Bryan Carter claim form

Could someone very kindly take a look at this for me, I have lost track of time/dates and realised that this has to be lodged at court in the next couple of days

CASE NO: XXXXXXXXX


BETWEEN L LOWELL PORTFOLIO – CLAIMANT
AND
XXXXXXX XXXXXX – DEFENDANT

__________________________________________________ ____________________________

• On 22.04.2016 I received a letter from Lowell Financial a & Bw Legal regarding an alleged debt for Shop Direct. Payment or response needed by 4.05.2016 (Exhibit A & B)

• On the 26.04.2016 a CCA request was sent to Lowell's with a £1 postal order by signed delivery, this was signed for on 29.04.2016 (Exhibit C) No response or documents were received within the given time frame.

• On the 5.05.2016 A County Court Claim was issued to myself for the alleged debt.

• On the 13.05.2016 A CPR 31.04 request was made to BW Legal sent by signed for delivery, and signed by themselves on 16.05.2016 no documents were received within the given time frame. (Exhibit D)

• On the 10.08.2016 I received a call from Court Mediation, however this failed as I was not in possession of the full facts of the alleged debt or any requested paperwork, It was deemed by the Mediator that it would be unable to go ahead.

• On 11.08.2016 I received a reconstituted unsigned copy of a CCA agreement (Exhibit E)

• On 15.08.2016 I received letters from both BW Legal & Lowell informing me that they will (if no payment is received by 28.08.2016) be issuing this exact same case Account No xxxxxxxx to the County Court (Exhibit F)

• On 22.09.2016 I received in the post from BW Legal a copy of the clients response papers lodged at court, along with a reconstituted CCA Agreement, reconstituted Assignment letter & 2 further copies of reconstituted Accounts.

• On the 15.08.2016 I wrote to Lowell & BW Legal without any admission of liability with a full & final settlement offer, to which I have had no reply from BW, & a reply from Lowell's informing me to refer the offer to BW Legal as they are unable to deal with it (Exhibit G). I may add that the Claimants in this case are Lowell's.

• I have again on 11.11.2016 once again written to the COO of Lowell a Mr A Bartle reaffirming my full & final payment offer(without admission of liability) (Exhibit H)

I believe the facts stated in this witness statement are true.

[nemesis45]

Re: Lowell/Bryan Carter claim form

Good morning Polly.
From what has been posted on this I think you have laid out the above very clearly. One suggestion number the paragraphs.

nem

[charitynjw]

Re: Lowell/Bryan Carter claim form

[MENTION=55034]nemesis45[/MENTION]

Were Polly's F&F letters 'without prejudice'?

[nemesis45]

Re: Lowell/Bryan Carter claim form

@nemesis45

Were Polly's F&F letters 'without prejudice'?

Morning Charity,

No I don't think so [MENTION=5553]charitynjw[/MENTION]


nem

[charitynjw]

Re: Lowell/Bryan Carter claim form

Morning Charity,

No I don't think so @charitynjw


nem

Morning, nem.

I was just thinking about evidence admissibility (If it was WP).

[nemesis45]

Re: Lowell/Bryan Carter claim form

Morning, nem.

I was just thinking about evidence admissibility (If it was WP).

Tbh Charity I don't think WP would have entered her mind.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

Good Morning, thank you for checking this for me.The ff letters that I sent did not contain WP, as adivised by you guys. I will now send the paperwork to court & hope they don't turn up for the hearing!!!

[nemesis45]

Re: Lowell/Bryan Carter claim form

Good Morning, thank you for checking this for me.The ff letters that I sent did not contain WP, as adivised by you guys. I will now send the paperwork to court & hope they don't turn up for the hearing!!!

Good Luck Polly!!


nem