Jump to content

finaldj

Registered Users

Change your profile picture
  • Posts

    298
  • Joined

  • Last visited

Reputation

3 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. I'm not perfect, I have read links in the posts you've replied to over and over again and I'll be honest I find some of it complex. I've always appreciated the advice you give and wouldn't have gone it alone myself in dealing with DCA's hadn't it been for the advice on here. I've managed it well upto the point of the whole court process which is where I have struggled. I've got some of it right so far it's the mediation bit I've struggled with. For you this stuff is probably easier now you've answered so many people this is my first time I've no doubt should I end up down this route again in the near future It will be easier to do. I've called the Mediation service today as they don't accept date changes via emails. The Lady was pretty nice on the phone, I explained about the dates, I mentioned about question 2 refering to the CCA request and lack of information and would this cause issue as this has been my defence throughout the case leading upto you. I mentioned about the default notices that they were getting from the original creditor and haven't heard anything from them for at least 3/4 months and that despite contacting them 4 times one of the contracts they sent still remains blank, no signiture, no APR ratings and no credit limit and no mention of what that T&C relates to. I said that if a new date was set for say a few weeks time, Overdales are no longer contacting me now would it make a difference as I can't answer yes to question 2. She said well the whole point would be to have this information at hand and given that this could have taken place next week it's unlikley then that anything will change. She said in this instance it would be best to refer the matter back to the court rather than set a new date. She said it would be upto the courts what to do next interms of what information you both currently have. Lets see what happens next. How long does this usually take for the courts to get involved? would it be upto Overdales at this stage now to take the next steps?
  2. DX, They left me a voicemail last week asking me if I want the 27th April call to go ahead as spaces are limited and to call if I need a new date. They went on further to say that there are 3 questions on the form they sent me and if I can't answer yes to all 3 then mediation can't take place. I had missed the 3 questions on the form the first time having got back home and looked at the forms again. question 2 as stated already - I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation I would effectively be lying to the mediation service agreeing for it to take place based on the question they asked me about having all the information when signing the form and agreeing for talks to take place. I don't have all the information, there are parts missing they haven't sent me, what do I do if I sign the form agree I have them then on the day say actually I don't have all the information so it can't take place. all I have done is mess the service about that other people could have used it might make me look bad then?
  3. I'll call the mediation service on Friday and let them know I don't have all the paper work required for the service to take place. It's upto the DCA then to entertain court of they want
  4. Just wondering I've emailed the mediation service with some dates I can do but then got an automatic reply back saying date changes need to be called through so will need to do that next week. Having read through the letter they sent. one of the 3 questions asks me - I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation Well this isn't true there are documents still missing and some not correct. While you say take the call and say on the day mediation won't work for ABC reasons the application is asking me this information before we start mediation. I would effectively be telling porkies saying I do when I don't?
  5. I'll need to set another date with them then as I can't make the 27th anyway. They called me today asking to call them or email them to confirm the date or not. I'll email them and give them some dates I am available
  6. Further update, The Mediation company have set a date for 27th April. However overdales haven't sent me copies of the original default notice from the original lenders as they said they would in a letter I got from them sometime ago. There is also the 2 credit agreements they sent me one is right the other is blank so as per your advice in the past posts I will be emailing the mediation company with the provided address they gave me to let them know that Overdales haven't sent the required paperwork for mediation to take place. If it goes as far as a court case and a date is set. Is it possible to change the date around my work e.g days off?
  7. I did the bit where you told me to decline mediation if I don't have all the documents when the call takes place which I assume will be sometime as need to arrange a date I can make this happen around me shifts.
  8. I haven't got copies of the default notices yet for both accounts from the original creditor by which Overdales wrote to me on the 3rd February to say they were asking for them. In this instance do I still agree to mediation or refuse because all the paper work isn't here? form has to be in by the 14th March so need to get it posted by Friday at the latest
  9. No I haven't agreed to anything yet I am just about to start filling the N180 form out so I am looking at - 1) small claim mediation (yes) 2) small claims track (yes) 3) it asks which CC hearing do you want this to take place - they have put telephone hearing which the claimant will endeavour to arrange I am assuming I would be filling this in saying I agree to a telephone hearing? if not what would I put in place?
  10. So I'm a bit confused, one says its not a not of assignment, another says "very Loosely" Just for reference I posted on another legal forum to check this and they said it doesn't need to say notice of assignment as long as they acknowledge acceptance of the debt and let me know it has been assigned to them which they have done as shown in #43 So a little confused with that. 3 different opinions. On their N180 form they have requested that the case be dealt with by way of telephone call to avoid disproportionate costs so I will put the same and request my local court as a 2nd option. If mediation does fail is this when I will expand further on my defence? before a hearing.
  11. Thanks, I'm going to sort the N180 form over the weekend With regards to post #43 is that what a notice of assignment looks like? I just want to clarify that's what it is before I speak with the mediator.
  12. I got my N180 form last week, has to be returned by the 14 March so will get that filled in this weekend and send off recorded next week. Do I send a copy to the other party as well or will the court do this? Did you take a look at the uploaded file? I'm just wondering if they are classed as notice of assignment #43 and the now littlewoods contract #45 I'll prompt for mediation see where that goes. If all is correct then the only thing they haven't sent me yet is a copy of the default notice for both accounts which they said they would be going back to the original creditor for these.
  13. Here is the littlewoods upload thanks Littlewoods CCa return merged.pdf
  14. So mixed up in the pack is a copy of the now Littlewoods contract signed and dated electronically which relates to the date I took the contract out. Not the blank one they sent me a few weeks ago and it's the same copy as the Very contract I posted on here a few weeks ago. They have managed to get them 2 now. I can't see the default notice letter in there gone through it twice. Notice of assignment see attached PDF file...not sure if that counts as that but can you check? if it doesn't then they haven't sent that either. But I did get a letter from Overdales to say they were going back to the original creditor to get the default notices. not heard anything yet. littlewoods.pdf
  15. I've just recieved a 318 page document from Lowell at the request of Overdales. It contains everything I have every done with the 2 cataluges. What I bought where I they got delivered, payments made with what card, what happened with what payments when I got in debt, communication letters from me to them trying to solve the issues etc etc. What do I do at this point? Wait it out and still go down the mediation route once I hear from the court? Look like the end is near on this one heading towards a payment plan
×
×
  • Create New...