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Everything posted by gwebstech

  1. So mediation happened,i blagged it and i told them that i didnt think they would get judgement as to my knowledge there were some t&c missing and that that might potentially get a judge to throw it out. She came back and said, they said i had copied and pasted the defence and that the necessary t&c were all there and that it was basically an open and shut case.. My only thing i could argue was that the terms werent there in full and so it was a risk them going to court, a risk i was prepared to take. The mediator was a cow, she tried to belittle me and show me up as i couldnt remember what the CCA request stood for, but even though i couldnt remember, i knew the important bits about what it needed to contain so i stood my ground and long story short got the debt cut in half I should have prepared a bit better really but as i was doing it for her she was happy that some got knocked off. Now im going to send the IRL lending letter and hope she gets the rest wiped off thanks to the team here for the amazing help
  2. where is a template for the IRL claim? i cant see anything in the library, ive done a search too and cant find a template thanks
  3. They said £1800 lump sum, but like Andy said no Tomlin offer, and she would have to pay installments anyway, she hasnt got that lump sum for these ***** no chance of getting anything fron Vanquis for IRL?
  4. thanks i dont take prisoners either, if it was me id tell them, see you in court. Ill speak to her and tell her ill do the mediation, see how it goes then take it from there one last point - roughly what % do lowells just fold before court date? judging from your 2s experience on here
  5. i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them. I dont know what to do now - @Andyorchcan i have your thoughts too please the hassle just makes you feel like giving in to them
  6. DX - regarding the t&c- do you mean the bit at the very bottom that says "this agreement incorporates t&c set out in the long form version" ? ill take this up with them in mediation, got nothing to lose Just so i understand, that signed agreement isnt actually the t&c ? that should be included too? im looking online for the actual govt guidance, but the OFT has shut down and the consumer regualtion guidance doesnt actually mention t&c as far as i can see
  7. thank you for the help, amazing as always. Ill wait and see what others think but i might go to mediation and tell them what you said above and call their bluff. Surely once they know they havent sent all the prescribed terms etc they wont risk court? Will it only be at point of court where she has to fill in an income/expenditure form?
  8. yes i know you explained that before mate, its just annoying but i dont know how much of this is fees. Ill have to get her to look How much in fees would it need to be to make a difference? But surely shes got a point that they havent sent the t&c and prescribed terms means its not a true copy of the agreement? i thought that meant they cant proceed to court if they dont provide that stuff mentioned above total charges is approx £96 out of £1680 but actual amount they are claiing is £2k Ive looked for a template for the IRL claim but cant find one. Where sre the templates? thanks ive told her ill take the mediation call instead of her, ill be a lot better at it
  9. Like i said, yes it looks like her sig on the form they sent saying she signed, but i cant see how she would have got another credit card when her credit file was full of defaults from 2 years before - we both were in a DMP at that time just to add, they sent a list of things she had spent on the card which looked like things she would spend but it just seems a mystery that anyone would give someone with such bad credit another card. Totally irresponsible of them
  10. thats what i was referring to - you said no t&c and stuff so i assume what they sent isnt actually valid for what was requested im sorry, youve lost me, answer the question in black?? you mean black ink? it says to reply by email sorry if im misunderstanding
  11. Thanks Ill tell her to email them and say she doesnt have enough info, but should she keep that short and sweet or should she mention theyve not yet supplied her with the proper info for the CCA request?
  12. Hi all The last image i put up says that "not able to arrange mediation at this time...so transferring to local court etc" she has had this email though: Small Claims Telephone Mediation Service xxxxxxxxxx Claim Number: xxxxxxxx Parties: LOWELL PORTFOLIO I LTD v xxxxxx PLEASE REPLY BY EMAIL CONFIRMING YOUR FULL NAME, TELEPHONE NUMBER AND EMAIL ADDRESS TO BE USED FOR THE MEDIATION CALL. Appointment Time & Date A confidential telephone mediation appointment has been booked for 18th You will be called between xxxxxxxx The appointment will last for a maximum of one hour. When the initial call is made that's when your one hour slot starts. Important Mediation Requirements Please read the following 3 statements 1. For mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility 2. You confirm that you have enough information about the claim to allow you to enter into negotiations and that you do not require any further evidence from the other party before you can mediate 3. You confirm that you are available for the entire timeslot on the date stated above. Mediation is only available to you if you can answer YES to all statements above. If you cannot answer YES to all statements, mediation is NOT suitable for your case. Please contact us if you cannot agree to all 3 statements on [email protected] Important Preparation Please see below some guidance notes that will help you prepare for your mediation appointment. Also attached is information on the stages your Mediation appointment will take. It is important that you read this fully prior to your appointment. 1. You must participate in mediation in good faith, with the intent to reach an agreement. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party. Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to negotiate. 2. The mediator may call from a blocked or unknown telephone number, which may be from a mobile telephone Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers. 3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. They must have full authority to act on behalf of a party. Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any settlement agreements the 3rd party makes on your behalf. 4. Your mediation appointment is time limited. You must be free and by the phone at the time above, so that the mediator can contact you. Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions, with a good telephone signal. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device. 5. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment. Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line? 6. The mediator speaks to both parties separately. You may not be the first person contacted, so please be aware that there may be a delay before the mediator calls you. what does she need to say? she doesnt even know this debt is hers, so why should she even enter mediation anyway, let alone be willing to concede any amount? What does it look like to a court if she says she doesnt have enough evidence for mediation to proceed? thanks
  13. Hi guys This has come, id imagone no action required but i thoguht id best post it in case thanks NTP.pdf
  14. Hi all Im in the position of having to seek legal advice to take my stepson to court for 2 things. One if for £7000 they still owe me and the other is to reclaim some personal possessions that i borrowed him several years ago (these things have enormous sentimental value to me) Ive done nothing but go out of my way to help him and his girlfriend get on the property ladder by borrowing them the deposit for. house, and because she dint want to pay any interest on a loan (to pay me back) im still owed the money above after a couple fo years of asking for it. Because we fell out over that i have since asked for my possessions back and he is refusing to even read my messages now so i have no choice but to take legal action to recover whats mine. I posted on socla media a few years ago that i had borrowed him my things, but thats the only proof ive got of that. I have several saved messages about the money owed where he says he will get a loan but he hasnt. Ive seen the fees for issuing claims and although they are a lot i dont care, because im so angry about this. Anyone got any advice? im trying to get in to see a solicitor as soon as i can thanks
  15. yes, she has it now it all seems pretty self explanatory from other posts ive read but ill ask here if not sure
  16. ok , ive had a read up on mediation and the n180 - just a couple of questions: after reading andyorch say mediation is a must, so as they cant use your refusal against you, am i allowed to talk to the mediator for her ? she isnt very good at talking to people like that, she has a few issues. Ill not let them talk down to her or coerce her Also would it be wise on the mediation call to state that they havent sent an accurate copy of the CCA so basically letting them know that we know they cant go to court? thanks
  17. Hi all She has received a directions questionaire today, they have ticked that they want to try mediation, do i need to upload this document? and what does she needs to respond with? im assuming you have to agree to mediation as a court will want to see that but if you dispute the debt how can you go to mediation? thanks
  18. lol no i know they just want her to pay them at least something, but what i mean is as regarding the impending court case, what happens next? i mean do they now need to decide whether to proceed to court and she just has to wait until they get back to her? thanks for the help
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