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gibster1957

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About gibster1957

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  1. I did say to the mediator that i didnt have all the paperwork however the mediator stated that they only had to prove that i had the debt!.
  2. Hi all, Back in July last year i decided to go to mediation after taking advice from this forum and taking the risk of getting a cjj on my now very good credit score. The date and time were set up and the phonecall duly came from the mediator. The mediator asked if i knew about the debt which i acknowledged and set out my position that all the paperwork wasnt forthcoming from the debt recovery company ie the default notice. The mediator said to me that they only needed to prove i had the debt to enforce it and that she would now speak to the company to see what they had to say and it would be probably (she knew the name of the person) who she would speak to. After a couple of more phonecalls i agreed to a payment plan on which i did managed to get the balance reduced but felt i was pressured in to making the arrangement as i would have no chance if it went to court. I just wanted to let others know the outcome of my dealings with the mediation service and though i am relatively happy with the outcome, feel a little let down by them.
  3. Thanks dx, much appreciated, will get it off to them.
  4. Hi Guys, Today I have received the N180 from the court plus a EX730 mediation form. I now have to decide which way I want to go with this. My gut feeling is that they don't have the full cca and default notice however I don't want a ccj on the chance that I lose. Lowells have agreed to mediation I would like to know ( if someone has been through this) what questions you are asked by the mediator . It also states on the N149A ( Notice of Proposed Allocation to the Small Claimes Track) that I have to serve a copies of the N180 to all other parties so I am assuming I have to send a copy directly to Lowells Solictors?. It also states on the N180 that even if I agree to mediation I have to fill in the rest of the form however on the mediation form it states that if I agree to mediation I tick yes in box A1 and complete section B. Final question is that it states on the N149A that if I agree to the mediation to contact them ASAP but wouldn't returning the form be enough. Sorry for all the questions guys, really appreciate your help.
  5. Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.
  6. Thanks for that dx/Andy, so to get this going do i write to Lowells offering a Tomlin order ( minus the interest that was added during the period the account was live) and a sum that is affordable to me. Thanks
  7. They aren't knocking anything off dx, its just the directions questionnaire agreeing to the small claims mediation service.
  8. I take your point Andy, they are not offering anything really. So as im reading this my options are to wait for the N180 to arrive from the court and agree to mediation OR to write to lowells offering a payment plan. Looking at the paperwork they sent me regarding transactions, there is over £ 1000 in interest.
  9. Hi all, After receiving notification from the court that my defence has been acknowledged, I have just received a letter from lowells offering settlement/ mediation. Would they do this if they were sure that they had a cast iron case?. If I just ignore this, is the next step just to wait to hear from the court, or should I contact them to offer a token payment and stop this going any further. As my credit is very good now and I do believe they don't have all the documentation ie original cca/ original default notice, I really don't want a ccj if it went against me. Thanks guys.
  10. Submitting defence this week, would appreciate any comments/ alterations before i do (Andyorch). Many Thanks
  11. Ok, thanks dx. When would be the best time to file it?
  12. Thank you dx, will replace with Hbos. Will get on mcol this week to submit.
  13. 1) The Defendant entered into an agreement for a Halifax (credit card) account under ref ******* ( the agreement) 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the claimant on **/**/2018 by and notice given to the defendant. 4) Despite repeated requests for payment the sum of £3283 remains due and outstanding. And the Claimant claims a) The said sum of £3283 b) Costs Hi Guys, the following is the defence i intend to submit. I would be grateful of any suggestions comments. DEFENCE 1)The Defendant contends the particulars of the claim as they are vague and generic in nature.I accordingly set out my casebelow and rely on CPR16.5(3) in relation to any particular allegation to which a specific response has not been made. 2) Paragraph 1 is noted. I have in the past had a contractual relationship with Halifax however i do not recognise the particular account number referred to and have requested a copy of the agreement pertaining to this claim.As of this date, the Claimant has failed to comply with my section 78 request and therefore remains in default of s78. 3) Paragraphs 2 & 3 are denied. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR31:14, therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into the agreement with the Claimant and b) show how the Defendant has reached the amount claimed for and c) show evidence and service of a Default Notice pursuant to sec 88 of the CCA 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 4) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant to lay claim to contraventions of 136 of the Law of Property Act and section 82a of the Consumer Credit Act 1974. 5) By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thanks Guys.
  14. Many Thanks dx. I will get the defence put together.
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