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Everything posted by p_walker

  1. Hi everyone, Sorry for the delay in updating. This was settled by Tomlin order in the end, this was the best outcome for me and I'm really grateful for everyone's help.
  2. I have sent a revised offer; literally no idea where all the other imaginary charges come from. Very typical of their whole modus operandi, though. If they don't accept I think I will just go before the judge, after all.
  3. Lowells have sent me the Tomline order but it is £545 higher than the amount on the claim form. It says that it is made up of costs and interest. Is it normal? I know they said there was a £100 charge for a Tomlin order and £200 for them to attend the case. Is it normal for costs to be included in this way? If I leave it until the hearing instead, would the Tomlin order include costs and interest in the same way?
  4. Thanks again for everyone's help. I hope to make a donation to the site as soon as I can afford it.
  5. The thing is, I see their point that it is too late to halt the hearing (it is on Monday). But we discussed agreeing a Tomlin order in advance of the hearing. I am happy to do that due to the ongoing mental health crisis. However, it's like the person on the other end of the phone is reading from a script from which they will not deviate, i.e. I must go through this list of information and give it to them, for there to be any agreement. It is problematic as I am still not well. Email would have been better. I will perhaps give it one more try this afternoon. If the total amount is 4000 for example, what's a reasonable amount to offer? To anyone wondering why I should bother negotiating this at all, quite simply it is to end the stress so that I can focus on my health.
  6. I am negotiating with Lowells over the phone (they didn't reply to my emails). They claim I have to give full details of my income and expenditure and that then they decide the amount which will be payable in the Tomlin order. I would rather make an offer myself, but they are repeatedly saying that that is not possible. Who is correct? They also were not prepared to cancel the hearing as they said it was too late (a few days ago). Now it really is too late. Does anyone else find this unusual? Does anyone know how much I should offer?
  7. There is a court date already, and it's coming up.
  8. I've just had a mental health crisis and cannot possibly attend court, not under any circumstances.
  9. Hi everyone. I am going to ask them if they will settle with a Tomlin order, is there any particular way I should word my email is there any particular person I should contact? They are a very large organisation.? I would appreciate any help with this.
  10. Oh no, I though it was all right. Thanks, though. Are points 7 and 8, and the second no. 8 (wrong numbering) no good then?
  11. This is what I have so far: Should 'Claimant' be capitalised? Sorry to be a bother but does anyone have any thoughts on this as I would like to send it? I know it's not great already. I have added this:
  12. They have claimed I have been unreasonable under part 27.14(2)(g) of the CRP. Yes, absolutely. I have spent ages reading threads, most of the witness statements are based around the Claimant not providing the default notice, credit agreement etc. They have now provided these. Can I use the fact that it is a pre-2007 credit agreement but they have provided just a signature and not the terms and conditions, the APR etc.?
  13. I am trying to send it today. I don't have any arguments, though. All I have come up with so far is: "I submit that according to part 27.14(3) of the Civil Procedure Rules, rejection of a settlement plan does not of itself constitute unreasonable behaviour." And some other generic arguments.
  14. Thanks. Would it be possible to apply for an adjournment using Court Form N244 to allow me more time to deal with their arguments? uz4_lastpageof7.pdf
  15. Here it is with the dates. I removed the dates because they are identifying information. I am struggling to come up with a response to their points, really. They have provided the information, so I cannot argue that they haven't. They are claiming that I am defending a claim that was obviously indefensible and cite 'Performing Right Society v Insole'. statement_redacted_second_attempt.pdf
  16. I have uploaded the witness statement. OK, I can go back and put the dates in but the witness statement is there.
  17. I have scanned them now but it's too late to edit them all (50 pages), so I'm attaching the first three pages that I have done so far. merged_witness_statement_first_three_pages.pdf
  18. Thanks for your reply. I'm having an issue with my scanner and have been fiddling around with trying to get it to connect to my network. Of all the times for me to have a network problem! I am running low on time, partly because they sent their documents quite late and I have been waiting to hear from them. The long and short of it is they have a copy of a signed credit agreement from the early 2000s. I can't remember that far back, so couldn't say whether it's reconstituted or not. Even if it is, it looks pretty convincing so it's a moot point. They have also provided a statement of default, a default notice, a notice of assignment pages and pages of statements for the whole time. They have made a small error in some of the paperwork (mentioning another company instead of the creditor/claimant) I don't think it's enough. Apart from the error, I would even admire the guy who has put it all together if he weren't my enemy! I am thinking of proposing a settlement, if that is even possible. *company (can't edit post) This whole situation is very upsetting as it came about when I was looking after an elderly relative who was dying in a location across the country from me, I missed a payment to Capital One by the time I arrived home (relative had died) they had already pulled the trigger on a default. At the time mobile data was not available everywhere and I had no access to what was going on and couldn't get online anywhere. There were no internet cafes, and I didn't know anyone there. I got ill from exhaustion going to and from a hospital. If I could just have made that payment at the time, none of this would have happened.
  19. How do the proceedings on the day move from your witness statement, which is asking for evidence that the debt exists, to a Tomlin order, the acceptance of which indicates that you are admitting the debt?
  20. Hi again, I have a date for a court hearing and have received evidence from Lowell's solicitors. They have written a lengthy reply to my original witness statement and defence (20 points in total). I would really appreciate some help with what to do next . Sorry I deleted my reply before- that was a mistake.
  21. *Edit*: Sorry, I have deleted my post due to paranoia about the whole thing.
  22. Thanks, they have sent me a copy of the default notice (I think, the paperwork is not with me) but not the original agreement or anything else. Do I phone mediation and say that or do I book a mediation appoinment and say the paperwork hasn't been provided? Nevermind, I have spoken to the mediation service now and it was all made clear. Thanks for everyone's help so far.
  23. I have now received a slightly confusing email about mediation. They have asked me three questions about requirements for mediation, two of the points are as follows (the third is just about when I am available): How should I proceed from here? They have phoned my mobile a couple of times but I was not available. I think I have to call them back today but I don't know what I should say. Also, the email mentioned twenty-one days from the email but further down it says they will contact me within 8 days, I am now at the end of the eight days so does that mean my deadline is today? Thanks for any help.
  24. Nevermind, I think I understand now. They have already sent me their copy.
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