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!.

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.

Thanks dx, much appreciated, will get it off to them.

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.

Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.

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

They aren't knocking anything off dx, its just the directions questionnaire agreeing to the small claims mediation service.

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.

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.

Many thanks Andy/ dx

Submitting defence this week, would appreciate any comments/ alterations before i do (Andyorch). Many Thanks

Ok, thanks dx. When would be the best time to file it?

Thank you dx, will replace with Hbos. Will get on mcol this week to submit.

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.

Many Thanks dx. I will get the defence put together.

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.

Thanks dx, will have a look. Thank you.

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.

Thanks Andyorch, Thats now done. I will get it off to them by recorded delivery on Monday.

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.

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 said sum of £3283

b) Costs

What is the claim for – the reason they have issued the claim? - Non Payment

What is the total value of the claim?- 3548

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes

When did you enter into the original agreement before or after April 2007 ? After

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Unemployment

What was the date of your last payment? May 2016

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

I have completed the form but really dont know where to go from here. Thanks Guys.

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.

Ok, will see what happens. Thanks for your help.

So bide my time Andy? As i stated previously my credit is now good and i dont want to damage it .Thanks

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