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Northampton Claim by Lowell/Vanqius *** Claim Struck Out ***


rita777
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So i took the risk and its paid off !!! :) ..

 

 

. I Amended the defence sent it again .

. Lucky i had to do it via email .

. i called the court at 8.30am ,

cos the deadline fell on saturday i was told again that its alright so long it's received today monday ,

 

 

so i asked them to disregard previous one .

 

 

... they asked me to call back at 3.30pm .

 

 

. i did

 

 

..and was told my defence's been logged and valid ..

 

 

. phewwwwww ! now the waiting game again ..

 

 

.. Thanks everyone !!! :thumb::thumb:

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well done everyone!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So i took the risk and its paid off !!! :) ... I Amended the defence sent it again .. Lucky i had to do it via email .. i called the court at 8.30am , cos the deadline fell on saturday i was told again that its alright so long it's received today monday , so i asked them to disregard previous one .... they asked me to call back at 3.30pm .. i did ..and was told my defence's been logged and valid ... phewwwwww ! now the waiting game again .... Thanks everyone !!! :thumb::thumb:

 

 

Good stuff!

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  • 3 weeks later...

Update ! Last week, I received a letter from the court that the Claimant (Lowell) wants to proceed with the claim .. yesterday I received a direction questionnaire from the court , enclosed is a mediation alternative .. pls from your experience, will the Claimant contact me at this stage? Or wr will just proceed straight to court ?

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You need to complete the DQ and return it by the due date - you should keep a copy for yourself and also send a copy to the claimant. Whilst there are mixed views about mediation, it is in your interest to tick the box that you are agreeable to it.

 

This is not an alternative as such - it is a way of seeing if you can both come to an arrangement thereby avoiding court.

 

There is an interesting article on mediation linked below - it might help you make a decision :)

 

http://www.consumeractiongroup.co.uk/forum/content.php?1055-Mediation-for-litigants-in-person-in-small-county-court-claims

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Courts procedure.

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From what I have read so far, I think mediation does not work for small claims, my stand with them in the defence is to provide proofs of debts and breakdown of total outstanding amount. . If Lowell is not providing these.. how would I know what to negotiate in the mediation. . Could I just refuse mediation based on this ? Or would it stand against me if we proceed to court ?

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You can agree to mediation as it shows you are being co-operative. It is a free service and if it does go ahead, simply say you are unable to make informed decisions without the paperwork to back their claim.

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5: Forum rules - These have been updated - Please Read

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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From what I have read so far, I think mediation does not work for small claims, my stand with them in the defence is to provide proofs of debts and breakdown of total outstanding amount. . If Lowell is not providing these.. how would I know what to negotiate in the mediation. . Could I just refuse mediation based on this ? Or would it stand against me if we proceed to court ?

 

Hi Rita

 

I disagree mediation does not work in small claims.

 

It is the approach of the parties that often hinders settlement. If you go into it thinking unless they produce this and that then I won't settle, I agree it won't work. You need to consider 'what if it went against me in court, what would it be worth to avoid that'...

 

If you refuse to mediate, it cannot be be viewed any other way but negative. Plus what do you have to lose?

 

One thing I have learned through defending several claims (all which settled in mediation) is we all think our case is strong but the reality is the final decision lies with the judge as opposed to you in mediation.

 

I have the advantage of being a qualified mediator but would advocate it through experience of my defending claims.

 

A

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Ok thanks for that, as a qualified mediator your advise would be invaluable for me pls .. If I proceed to mediate, on what basis do I present my case when talking to them ? What else could I say then pls? Because I would not want to end up shooting myself in the foot ..

 

 

 

I have just discovered that they registered a default at an old address! And it is NOT showing on my experian file! I got to know when I applied for a credit .. If I agree to pay them a percentage off the debt just to get them off my back so as to concentrate on my new baby , could I ask them to remove the default placed on my name at the address?

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I would prefer not to comment on your case as I am not experienced enough to give sound advice, so in relation to what to say, it would be over to CB or Andy.

 

As for mediation, you really need to use it as an opportunity to bring closure on your terms if that is your ultimate goal. It's easy to get blinded by the fight and lose sight of the fact you want this to be settled.

 

Go into it with a basic outline of your case and set yourself some goals, a total value you would settle at, over how many months, Tomlin Order or Mediation Agreement.

 

At least you have a degree of control in mediation that you lose in court, you get to negotiate, counter offer and size up the other party. In court you have judgement imposed, end of.

 

Don't get me wrong, if you have a cast iron case that cannot fail, you are on to a win win, but I haven't seen many of those but Andy and the other people will advise you on that.

 

Think seriously about mediation it's a great way to bring closure, on your terms with an affordable settlement and no adverse judgements.

 

A

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Thanks for that .. is it possible to have them remove the default placed on my previous address ?

 

No...and defaults and CCJs are not placed on addresses....its attached to your name...so makes no odds where you move to.

 

Andy

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  • 2 weeks later...
  • 2 weeks later...

Yes it is a telephone mediation in a couple of days.. I have tried tried checking on the site to read on others mediaton experiences so as to have an idea of what to expect and how to go about it but no luck ... Could anyone pls help me with a link to any mediation history please ?

Edited by rita777
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http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

 

Have a read of the above link - it might help.

 

I cant see that maddiemay has updated her thread regarding her mediation.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes it is a telephone mediation in a couple of days.. I have tried tried checking on the site to read on others mediaton experiences so as to have an idea of what to expect and how to go about it but no luck ... Could anyone pls help me with a link to any mediation history please ?

 

 

Telephone mediation is far,far less intimidating than a court hearing.

 

 

You will be telephoned by the mediator who will explain the procedure before the session starts.

It is wise to have everything you want to put forward to the creditor/DCA, so a "bullet point " list is really helpful.

 

 

Once the mediation starts the mediator will ask the creditor what the claim is all about and what their evidence is to support the claim and their current stance on collection.

 

 

The mediator will relay this to you and you make a response, this process continues until an agreement is reached or the mediation fails (deadlock).

 

 

If you reach an agreement a Consent Order ( Tomlin Order) is drawn up and sent to you to sign and the same goes to the creditor, until this Order is signed by both parties and " sealed" by the court it is not binding.

Once signed and sealed it is binding on both parties and no CCJ is made.

 

 

If you breach the terms of the Order the claimant can apply for summary judgement, keep to the terms of the order you will here no more until the claim is cleared.

 

 

Remember the mediator is not a judge/barrister/solicitor and Cannot give you legal advice.

 

 

Please listen carefully to what the mediator says and consider your responses very carefully.

 

 

I hope this helps.

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Hi Rita- Hope you are well.

 

CitizenB has provided a useful link in post #83 to give you a flavour of the telephone mediation process, have a good read so you can get yourself ready for a fairly brisk pace of negotiation.

 

Okay, I can see you defended that you have not received a CCA or a breakdown of the claim amount. You also feel the claimed amount is excessive given the original balance at default? That is a brief summary and not detailed.

 

First- On the information you currently have before the mediation, set an acceptable settlement figure, over a suitable payment period and a suitable payment default remedy period. Keep that with you.

 

The mediator will ask you why you contest the claim. It would be appropriate to state ‘at the moment the claimant has simply claimed I owe them money and has provided no information or agreement to substantiate the claim or the claimed amount’ which is basically your defence. The mediator will probably not be legally experienced and this statement will simplify the matter from your point of view.

 

I would not expand on that at all, let the claimant respond to it. Particularly do not mention the importance of avoiding a CCJ. By the way you can avoid a CCJ if they do not produce the agreement, if they fail to win a claim, if they win and you pay in the requisite time scale or you agree a settlement in mediation, so do not concentrate on the avoidance of a CCJ at this point.

 

I am sure they will respond with ‘you had the money’ ‘we can prove you spent it’ ‘we are waiting for the agreement from the OC’ etc. I would force their hand very early in the mediation as to their breach of the regs in respect of the lack of the above and bringing a claim without the above i.e. no agreement as yet and an overstated balance without substantiation. This will give you an early indication of the strength of their case.

 

The more they argue their case and the more they try to convince you of the strength of their position, the more they will reveal about what they intend to do and what they already have. This will at least prime you for a WS if the matter proceeded past mediation.

 

Once you have both presented you positions through the mediator you will have a better understanding of the claimant, issues they may not have revealed previously and their appetite for negotiation.

 

You also need to consider your approach, you risk/ reward ratios of taking the matter to court as opposed to settling on the information you now have. I get the feeling you do not contest you owe them money but just the amount and you would like to test them to see if they can produce and agreement?

 

At this point you will need to review the information and decide how your stance has changed if at all, then how this changes your initial target for settlement i.e. what is the maximum you are prepared to go to and on what payment terms you will agree to and what agreement terms you will accept. For example you may decide your case is terminally flawed and agree the full amount, over 60 months at £61.35 with a 14 day payment default remedy. You may decide you have good grounds with elements of weakness and decide a 50% reduction over 36 months with a 28 day payment default remedy is more appropriate.

 

The negotiation is down to your personal risk/ reward ratio appetite and has to be right for you, keeping in mind the CCJ avoidance you state is important. You do not appear to be letting yourself get blinded by the fight which is good, so consider the virtues of closure, settlement and an affordable, workable solution on your terms with no negative impact on your credit rating.

 

A

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