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Ayho

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About Ayho

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  1. Hm, hope not. Regardless i saved the phone call on the cloud and in it i explicitly asked iff they are happy with extending the time period for the settlement payment and if they accept that now it is full and final settlement. If they try again or sell it on first thing will be to complain to ombudsman and ask for compensation at court if there is court date.
  2. Or blaim Santa But seriously I blamed "family and friends". They were happy to settle the claim and the lady said she is sending me letter to confirm that. She said i can check their website to see if everything is ok and yes, the claimed debt is now nill . Unfortunately I saw your reply too late, so didnt mention the credit file, neither did via the mediation. Live and learn i guess. I will still try to get in touch with her, as she was very helpful, might be able to do a little compromise for me Thank you again dx100uk and everyone else who advised on this thread for all the help and patience. You have been awesome in a difficult time for me. I love you guys
  3. I am bit worried because since the settlement Lowell have sent me letters stating that the settlement amount is "monthly" falsely implying that this is not final and full settlement
  4. Sorry, just saw your reply now. It is on Experian.
  5. I emailed the original mediator, but she is out of office by 08.01. Then called the mediation general helpline . They advised me to call Lowell and ask if they are happy with extending the deadline. I am using call recorder and will also ask for email confirmation before i make the payment. Is that a good way to do it ?
  6. I just checked the mcoi site. Last update of the case was that " notification that the claim against you was settled received on 13/11/18" .
  7. Hi dx100. It was via official mediation on the phone. My agreement was sent to me via e- mail afterwards
  8. Hi everyone and Merry Christmas. I need an advice. I entered in settlement, as didnt have time to deal with the court case. It was for less than third of the claimed amount. Unfortunately i didnt have the agreed amount until now. The deadline was 27 Nov. Lowell has until February to apply again in court if there is a breach of agreement. If i transfer the settlement amount now to the account in settlement agreement will that mean that the account will be settled or Lowell can claim the settlement is null and void now, so the payment will be just for reducing my debt ?
  9. Hi. Just completing now the Directions Questionnaire. Send by date 24 SEP. Choosing small claims track and mediation. Can I do that by email to the parties - Northampton county court and Lowell ? Is it ok to send an email to HM Courts and Tribunals service small claims or is better to call them directly ? And second question - do I need to fill D1 , which asks me which court I prefer, if it is going to mediation ? Thank you
  10. ok, another update : Received court letter this morning. Dated 5.09 NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK 1. This is now a defended claim. The defendant has filed a defence 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for this claim, you must complete box C1 on the Small Claims Directions Questionnaire ( Form N180 ) and explain why 3. You must by 24.09 complete the Small Claims Directions Questionnaire ( Form N180 ) and file it with the court office ... and serve copies on all other parties " And what about the letter I received from Lowell in responce to my CPR 31.14 request where they state : " your account relates to a telecommunication account and is therefore not regulated by the Consumer Credit Act 1974. As such Three Mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued'' All the contracts I had with Three mobile included a mobile handset as well ( except one for mobile broadband which included dongle, but it was terminated years before the alleged claim ) . So according to my limited knowledge that is consumer credit agreement, therefore they must provide me with the requested by me The Agreement, The default Notice, The Termination Notice and Statement of Account, not just the very dodgy looking Notice of Assignment they have provided so far . Am I correct ?
  11. Thank you for your advice. The barrister actually went middle of the road, the figure she gave was between the lowest and highest of expectations. It depends of course to all parts of the claim being upheld. The amount my friend asked for was also based on what it would cost the company to defend the claim, regardless if it is sucsessfull or not, as it is quite complex and will take up days of solicitors work - the barrister told us the hearing is most likely to last 3 days. Btw based on your experience what percentage of the claim she could get via a settlement ?
  12. No, I have not received any paperwork and didn't know I need to file one. Just a letter from the court manager that they are going to inform the claimant of my defence, who might settle it directly with me. If the claimant wishes to proceed " the court will then inform you of what will happen " And also a Directions Questionnaire sent by Lowell to the court, dated 22.08 ... They say they agreed to mediation.
  13. Hi everyone. Just a little update. The company directly is trying to negotiate a settlement before the preeliminary hearing at the end of this month. We went to a barrister and she prepared schedule of loss. Next day my friend met with the company representative ( one of the top managers) , who was shocked she used legal professional. Reason being was that they offered 8 times smaller amount than the estimate in her schedule of loss. Not sure, if I am allowed to give figures, so will just speak vaguely. My friend gave them reasonable offer, about 38% lower than the amount in schedule of loss. The company representative called her next day, asking for another meeting for next week, probably trying to lower the amount. My friend accepted the offer for meeting, but is not going to change her offer. The barrister told us she won't be able to take the case on no win no fee basis or anything similar, as the claim amount is not high enough to justify it for her. But she is happy if we use her services whenever needed to minimise costs.
  14. I am sorry, due to family circumstances had to be away. These are the developments so far in the meantime : 1. Received letter from Northampton court. It states '' I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. " 2. Lowell Solicitors did blow up my phone for about 2 weeks. I haven't answered the phone. On 22.08 I have received a letter from Lowell Solicitors. It states : '' Dear Mr. xxx We refer to the matter detailed at the side of this page. Please find enclosed a copy pf the Directions Questionnaire which we have now sent to the Court. We have agreed to mediation in our Directions Questionnaire which may result in settlement. If you agree to mediation, please ensure you tick the ''yes'' box in part A1 of your own Directions Questionnaire. If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement would avoid a hearing or judgement and also the associated costs being added to your debt. etc etc ... " I also received this letter from Lowell solicitors, I guess in response to my CPR 31.14 request, although it refers to the court claim number and doesn't mention the CPR request " 30.08.2018 In your letter dated 16.08 you have requested copies of the agreement, Notice of assignment, default notice, termination notice and statement of the account. Please note that your account relates to a telecomunications account and is therefore not regulated by the Consumer Credit Act 1974. As such Three mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued. Please find enclosed a copy of the Notice of Assignment which was issued to you on 20 June 2016. We have requested a copy of the statement along with further information regarding the account from Three mobile and will forward any documents onto you upon receipt. etc. etc. '' " 2 copies of letters, dated 20 June 2016 follow. First one looks like a simple printout , is signed ,, For and on behalf of Three ,,, no name given, just signature , no sender address or name of sender ( just ''Three'' below signature'' ) . The '' letter'' states my account number, lowell ref. mobile number and balance outstanding. It says my ''account has now been sold '' Second letter looks better. It is from Lowell Portfolio I ltd. It tells me my account has been sold to Lowell and now I need to start paying them . The amount in the letter they claim I owe is £510.38. The amount claimed at court is £551.21 I will try to scan and upload the letters in full, if you need them.
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