Mediation - what to expect?

[Zoetoes]

Hi

I have agreed to mediation with BCS/Lowell, basically because the court advised this.

What can I expect? As far as I'm concerned the debt is SB'd and I'm not offering to make any payment so what is there to talk about?

[molly001]

Re: Mediation - what to expect?

Hi Zoetoes, I was offered the same and wrote back to say I would accept mediation. However as none of the requests I had made for documentation from BCS/Lowell had been forthcoming I was not in a position to actually meditate about an account I had no information about , furthermore I advised the court in my letter that it was my understand that the alleged was S'Barred. The court referred my case to a local court. On receipt of my defence 14 days before the hearing BCS discontinued the case. Oh and they postdated the letter to say as much. Hope this helps .

[nemesis45]

Re: Mediation - what to expect?

Hi



nem

I have agreed to mediation with BCS/Lowell, basically because the court advised this.

What can I expect? As far as I'm concerned the debt is SB'd and I'm not offering to make any payment so what is there to talk about?

Hi,

Has Lowell complied with a CCA request, do you have the documents mentioned in the POC to hand.
Without having these the mediation will not go ahead.
I can explain the process if you wish.

nem

[Zoetoes]

Re: Mediation - what to expect?

Hi,

Has Lowell complied with a CCA request, do you have the documents mentioned in the POC to hand.
Without having these the mediation will not go ahead.
I can explain the process if you wish.

nem

Not as yet, I've written to both Lowell and BCS to request it but they still have a couple more days to provide it. Sorry, what is POC?

[Zoetoes]

Re: Mediation - what to expect?

Hi Zoetoes, I was offered the same and wrote back to say I would accept mediation. However as none of the requests I had made for documentation from BCS/Lowell had been forthcoming I was not in a position to actually meditate about an account I had no information about , furthermore I advised the court in my letter that it was my understand that the alleged was S'Barred. The court referred my case to a local court. On receipt of my defence 14 days before the hearing BCS discontinued the case. Oh and they postdated the letter to say as much. Hope this helps .

Thanks.

I have got to send my papers to the court before 21st May, should I go ahead and send them?

[nemesis45]

Re: Mediation - what to expect?

Is this for the mediation, or your defence/witness statement? Just carry on, on course as if mediation has not been suggested., to be always on step ahead at all times.

[molly001]

Re: Mediation - what to expect?

I wrote a letter as I said to the court stating the above. I did not send a defence at that stage. In the interim I received at Tomlin Order from BCS , I think that is the correct term? This order was to let me know that they were giving me a final chance to make payment. What stage are you at ?

[Zoetoes]

Re: Mediation - what to expect?

I wrote a letter as I said to the court stating the above. I did not send a defence at that stage. In the interim I received at Tomlin Order from BCS , I think that is the correct term? This order was to let me know that they were giving me a final chance to make payment. What stage are you at ?

I had the judgement set aside using SB'd as defence. The hearing is 4th June.

- - - Updated - - -

Is this for the mediation, or your defence/witness statement? Just carry on, on course as if mediation has not been suggested., to be always on step ahead at all times.

For my defence.

Do I go ahead and arrange a mediation appointment? Or would I only do that if they send the account info I requested?

[nemesis45]

Re: Mediation - what to expect?

Accept the mediation, if the claimant fails to produce the documents enabling the mediation
to go ahead you have shown willing they have not.

nem

[nemesis45]

Re: Mediation - what to expect?

The Tomlin order at that stage is merely a ploy to get an agreement to pay, even though the claimant may not have sufficient documentation to enforce the debt.
Always submit a defence!!

nem

[molly001]

Re: Mediation - what to expect?

The Tomlin order at that stage is merely a ploy to get an agreement to pay, even though the claimant may not have sufficient documentation to enforce the debt.
Always submit a defence!!

nem

I know , they obviously had no documentation hence discontinuing the case. I spent quite a bit of money on registered post and time putting the case together. I believe I have a right to claim monies , do you know how I go about this Nem ?

[nemesis45]

Re: Mediation - what to expect?

Probably a little late, especially if the outgoings were small.
I have suggested to others elsewhere writing to the claimant
enclosing an " invoice " a copies of receipts for expenses incurred
in situations like this the success rate is 50/50.

nem

[molly001]

Re: Mediation - what to expect?

Probably a little late, especially if the outgoings were small.
I have suggested to others elsewhere writing to the claimant
enclosing an " invoice " a copies of receipts for expenses incurred
in situations like this the success rate is 50/50.

nem

Thank you for your response. Yes, I was only going to do it to be bloody minded, after all the crap I had to deal with. I am still looking to sort out the fraudulent credit agreement though

[nemesis45]

Re: Mediation - what to expect?

Have you a copy of the allegedly fraudulent agreement, we may be able to help
you with this.

nem

[Zoetoes]

Re: Mediation - what to expect?

Hi

I've received a reply from Lowell acknowledging receipt of my info request under Civil Procedure Rules and have passed it to Fredrickson as they are handling the court proceedings

So no info as yet and I have to submit my defence to the court next week, which I will do and put in that I do not have the info (if I don't by then).

They have also added to the letter 3 other SB'd accounts and ask me to arrange payment. :tinysmile_aha_t: