Letter before Claim - Lowell

[MIKE770]

No paperwork if it came to it a Tomlin order just before court of they go that far and if they have a case???

[Jellard86]

Hi Guys.

I know this is short notice (time has that nasty habit of creeping up on you, especially this time of year), but my mediation hearing is tomorrow, they will call between 9:30 and 12:30. The attached 'What to expect' document on the court email, states I need to put together a brief summary of my opening position....anyone done this and provide advice? I have made a few points:

1. Lowell have not sent me the documents in either letter sent to them and lowell sols. (I have received the SAR paperwork from Vanquis)
2. Vanquis added ROP payments that I did not agree too or they were not explained, this was refunded but a fraction of what they actually took...could help in mediation amount defence
3. This debt is 8 years old however I last made a payment in Oct 2017
4. My partner lost his job a few months before this and so we fell behind on the payments as we were living on a measily wage between two of us for around 12 months, hence falling behind and eventually defaulting.

Not sure if there is anything else that I should have in my armour?

I do not know what to expect as I have never been in this position of going to mediation before/

Thanks in advance.

[MIKE770]

Mediation will ask have your all paperwork to mediate ?? If nothey should cancel mediation and inform court do not agree if asked to agree anything do not but await court instructions

[Jellard86]

Hi Mike

Thank you for you being so helpful :-)

I have just found a letter of assignment that they sent me following my AOS in October....not that I think it looks very legit but who knows!

I have a copy of the CCA in the SAR that Vanquis sent me (not I might add sent from Lowell, so whether they have this I dont know) but I am thinking that as I have the copy from SAR, that may be suffice in the courts eyes?!

I am thinking of offering an offer of paying £1000 as opposed to the £2258 showing on the last mail at £100 a month...I appreciate that I had the debt back in 2012/3 however therefore just want this to be done now...its been one hell of year without using up energy fighting this.

Do you think Lowell would accept this?

TIA

[MIKE770]

Your could offer without prejudice but probably not if you have the paperwork??? Who knows ask at mediation and it seems 2012 CCA well not arguable

[Jellard86]

Thanks Mike.

From Money Saving Expert site, "My suggestion is to send a s 77-79 CCA Request to Lowell which renders the debt unenforceable in court unless or until they can produce the credit agreement within 12 + 2 working days. If they can't/don't comply then they may be more willing to back off and Discontinue the claim."

Does that mean that they personally have not complied?

[MIKE770]

Your move try and bluff loeells fir CCA. But on line CCAs after 2007 unless missing something is a longshot but you have the choice offer the money in lieu of no CCA from them sav eas to cost b. Other tha nthatyit isupto you good luck which ever way

[Jellard86]

Thank you. I have made my decision so i'll keep you guys updated of the outcome. I have my notes at the ready and now reading about Unless Orders Im finding this all fascinating the more I read....maybe I should have studied Law!

[MIKE770]

also default notice does it have a date on it? vanquis in the past have failed due to lack of date on actual default notice (essential for one)?

[Jellard86]

I havent had a Default Notice copy from them....

[MIKE770]

should of been copy in DSAR did you get one originally from vanquis??? essential if not then another one for mediation?

[Jellard86]

Yes one from Vanquis in the SAR...nothing from Lowell themselves

[MIKE770]

Only vanquis no date on it ?? Could be fatal for the?

[Jellard86]

On phone to mediator now

[Jellard86]

Well an agreement was made, not what I initially wanted but I guess this is the point of the mediation to compromise. Managed to get £900 off of the initial debt and payments starting monthly from January payday so im just glad this is over. I could have taken it to court but that would have been a gamble and I just want this done with and without a chance of getting a CCJ. Thank you for all of your help with this. Have a lovely Christmas.