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gibster1957

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Everything posted by gibster1957

  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 wha
  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
  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
  14. Many Thanks dx. I will get the defence put together.
  15. Hi all, today I have received documents from lowells after my Cpr31:14 request. On opening they are exactly the same as requested on my pap form and which I have uploaded previously . They are saying that they will not send any more documentation as it has all been provided. I am in the process of getting my defence together before submission but there are so many I have read I don't really know which would be the most applicable. Any suggestions would really be appreciated. Thanks Guys.
  16. Hi all, a few days ago I received a letter from lowells telling me that court proceedings are being taken ( a bit late for that as I have had the claim form for over a week). I have not heard anything as yet from Lowell solicitors since sending the CPR31:14 off to them. I need to be doing my defence on Mcol website but would appreciate any help on how to word it. Any suggestions would be appreciated guys as I have never done anything like this before. Thanks guys.
  17. Thanks Andyorch, Thats now done. I will get it off to them by recorded delivery on Monday.
  18. Thank you dx. I have just filled in all the details on MCOL . I am trying to fill in the CPR31:14 from the template in the library but i am unable to edit it ( not very computer savvy). I have got most of it done however i cant edit claimants name/my name/ case number etc.
  19. Name of the Claimant ? Lowell Portfolio Date of issue – 02 APRIL 2019 Particulars of Claim 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
  20. Hi all, today I have received the claim form issued 2nd April, now just wondering where I go from here. My thoughts are to send in the Acknowledgement of service and defend all of the claim but as I haven't done anything like this before any help would be appreciated. Thanks guys.
  21. Ok, will see what happens. Thanks for your help.
  22. So bide my time Andy? As i stated previously my credit is now good and i dont want to damage it .Thanks
  23. So do i go back to them and ask for full cca and original default notice. They gave me 30 days to respond which is soon. Many Thanks
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