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onlyontuesdays

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About onlyontuesdays

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  1. Well, been a bit quiet for a couple of weeks...… but today we received Notice of Allocation to the Small Claims Track... So by the looks of it we have to prepare Witness Statements.... However, one of the Directions which apply to the claim states...Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed - this has to be completed within 7 days. …..Is this something we should consider? The very last paragraph also states that if the Claimant does not pay the court fee or file a properly completed application by the end of August, the claim will be struck out. Is this their way of maximising their time to try and find a reply to my CCA request?..... Do we wait until the end of August to see if they carry on with this, as of yet I have had NOTHING from Lowlifes. OOT
  2. Yes, We did receive the claimants DQ quite a while ago. So if mediation can't be provided (and just having a quick 'google is your friend' it does seem the service is pretty stretched everywhere!) will it automatically go to court or will a Judge decide if its actually worth taking to court? OOT
  3. Hello again people... Not heard anything from Lowlifes regarding my request...however received a Notice of Transfer of Proceedings yesterday. it does say " if you have not been advised of an appointment, the team have unfortunately been able to arrange mediation at this time. The claim has been transferred to the County Court Hearing Centre for allocation." We have not been advised of an appointment. Is this normal procedure, and why have we not got mediation? - could Lowlifes have refused mediation? I maybe reading too much into this but I am slightly confused! OOT
  4. Hello again people - So this morning I received an email from the small claims mediation service, basically saying they were setting up an appointment for telephone mediation. so I have to answer 3 questions now to see if we are eligible for mediation - I just want to clarify one of the questions...... it states: I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party beforeI can mediate. They have not provided any documents asked for in connection with my CAA request - Do I bring this up now or just accept this and bring it up on the mediation call should it get that far? OOT
  5. thanks for the heads up re: email/sig/phone to the solicitors. As a side note, we have started receiving automated phone calls on the landline asking for a female that is clearly not my partner - this is a withheld number - immediately after she is getting a text message on HER mobile asking for the same person to ring Lowells immediately. Do you think they are trying to verify her details or is it just general incompetence?
  6. Ok understood - thanks. All done - ready to go.... because we are close to the deadline would it be wise for these to go recorded delivery? OOT
  7. Hello people, So we have received our DQ - unfortunately it went to the wrong address ( correct address on envelope) - our neighbour dropped it in earlier today - its due back in on Wednesday, so I think she was sat on it for a while!!! Just one question.... do I state that it would be difficult to consider mediation until we have of all the relevant paperwork that substantiates the basis of their claim? I appreciate at this stage they do not have to show their hand regarding my requests and that their non compliance of obtaining these documents is not a reason for me to turn down mediation. Or should I leave this for either a court appearance or mediation call? OOT
  8. Hello people - Received a letter from Lowell today containing their copy of the Directions questionnaire - quite why they sent us a copy of THEIR copy when we will get OUR copy from the Courts in due course I don't know - Is this normal practice? - Is there anything in particular I should look out for when our copy of the Directions arrive? thanks OOT
  9. Yesterday was the day that they should have produced the requested documents - only thing so far is a copy of the letter of assignment. I suspect that there will be letters arriving saying that they are actively compiling the requested information and that the debt is still enforceable and would I like to make a payment now! So what happens next?, will the Courts stop any action? will they let me know? I know we are not out of the woods yet, but just wanted to say a massive THANK YOU to all who offered advice and help in a time of need - a small donation has been made to 'The Greater Cause'!! thank you all. OOT
  10. Just before the defence goes, should I amend Paragraph 3 below - as i stated in the post above, we did receive a copy of the letter in the post last week, so I am thinking that I should state that they have produced a 'copy' of the notice of assignment..... 3.Paragraph 3 is denied, I am not aware I received any Notice of Assignment from the claimant nor the original creditor. thanks OOT
  11. Apologies - been crazy busy out of UK. full number 0333 556 5550 and 5555 - a constant stream of calls!!! So - defence filing tomorrow - only one piece of literature from them so far, a copy of assignment letter.... OOT
  12. So, over the past 24 hours we have received 5 phone calls from a withheld number asking if we could ' call back to discuss an urgent matter - Please call 0333 556.............' doesn't take a genius to figure out who that is! I have up to the 23rd of this month to file the defence - should I hang on to it for a while or get it filed now? OOT
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