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Found 32 results

  1. Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.
  2. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  3. Hi, I've had my grievance with my very large employer upheld in full (shocked!) The grievance related to a number of issues which they bullet pointed as Refusal to implement Reasonable adjustments in relation to my disability , attendance and welfare procedures not followed at all Treated unfairly and differently to other employees by my senior manger. Incorrect information given to me which caused me to fear for my job. And confidentiality issues by my team manager. I'm delighted that the investigation was done properly and they took my evidence seriously. The company has said they will be issuing retraining to people involved and making company wide learning points. During the investigation meeting i was asked what outcome I wanted if it was upheld, I requested an exit package as I no longer felt comfortable working with my manager and senior manager. However the grievance letter says they feel mediation is more appropriate. Where do I stand in refusing mediation? I've told my employer that I feel the relationship has irretrievably broken down and even if I moved teams the senior manager would be the same. I feel mediation is not appropriate as they are such a senior manager they hold all the power in the situation and that it could not be a balanced mediation. To be honest I've lost all trust in her and my team. I just want to start again, I'll never forget the horrible things she has done and said. If they insist on mediation and I quit my job do I have ground for constructive dismissal. Ive been off since this started with stress, early conciliation has ended, I have 3 weeks left to make a claim if needed but i dont know if I can or should. i just want to hide under a rock and cry:( can anyone help
  4. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.
  5. I've been reading through the forums for a while but just am getting a bit nervy now! Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track. Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April. Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info... Am i correct in thinking that i now tick the mediation box and take it from there? I then explain about the requested information not being provided - assuming it still hasn't by then? Sorry if this has been said loads before, but i just need to know for my own peace of mind!
  6. HI All, Currently being in the process of being involved in Small Claims Track pursued by B W Legal on behalf of Vehicle Control services for a Parking charge notice. We have a strong case as there was a permit on the windscreen (phographic evidence) although car registration was not on permit. We agreed to Mediation, however it was a cancelled and we've been notified that case will be transferred to county court. Has anyone any experience of this happening or any advice gratefully accepted.
  7. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  8. Hi all, I haven't been on here for a long time, as I thought my debt problems had gone away. . Until today that is, I have been sent a county court claim form from Northampton. County court the claimant is lowells, they are claiming for an old capital one credit card debt, this was an original debt of about £150 lowells are claiming for £389.90. This debt was way back in May 2006, so I'm guessing that they shouldn't be able to get a county court judgement against me? The forms look real enough but I was going to phone the court on Monday to see if it is actually a real claim. There is no court stamp on the claim form it just has a picture of a crown in a circle with the wording 'the county court'. The court phone number is given as 0300 123 1056. I don't want to call this number and start discussing the case if this is a "fake" form and I actually end up talking to lowells themselves. Any help or ideas on this matter gents and ladies? Many thanks in advance for all and any help. Regards Moonlandings
  9. Hi Been lurking around whilst using a Galaxy Tab and the RSS feeds but not really able to do much else. I am unable to insert an attachment so have copied and pasted the Santander letter I sent a letter to Santander and received the response below. Could someone please take a look and advise if I could win in court. The total is £4,500 plus for the following as I have every intention of taking this to court as long as I have a 51% chance of winning Dear Mr X Thank you for your recent letter about the fees previously applied to your account. I have reviewed my colleagues previous response and I can confirm our decision is unchanged I am unable to offer refund charges previously applied to the account. In accordance to the Supreme Court decision on the 25th November 2009, iy was confirmed banks' unarranged overdraft fees could not be assessed for fairness. Therefore there is no legal basis on which the amount of fees can be challenged. The fees applied habe been charged in line with the charges policy for the accounts in question signed by Smirky and Smilley Bank man Unpaid Direct Debits x two accounts - varies between £15 and £35 but usually the £35 Unarranged overdraft fee - £25 Instant Overdraft Fee - £35 Late payment charges - £12 Over The Limit Fees - £12 Interest on Interest Mortgage Counselor visits - 1 x £79.99 ... £36 Mortgage arrears fee (monthly while in arrears) £40 monthly while in arrears All except the Mortgage arrears fees the charges were imposed over a 6 month period on 2010 and it was these charges that were on top of charges that caused me to seek both mental and financial help Many thanks for your help Mtr X
  10. I've actually put the whole question in the title. I am repaying a debt which went to court mediation and I signed a Tomlin agreement. Over a year later the DCA sold it to another DCA. For about a year the new DCA accepted my payments but are now writing/ attempting to phone/ wanting me to phone them, and saying there is not an agreement in place. I have written a letter of complaint, and am waiting their reply. But what is the LEGAL situation of my Tomlin agreement and the new DCA? Thank you
  11. The Ministry of Justice have produced a document which will help you decide if this is right for you. https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf Mediation is a service which is offered by the Courts Service as an alternative to going to court. There is a lot of encouragement at the moment for people to go to mediation. This is because of the crisis of resources in the court service caused by the banks in 2009. Although in an ideal world mediation would be the obvious and sensible choice, it is not always the best choice for many consumer problems – especially when they involve the consumer against a large corporate or their solicitors. These people do not have the correct mindset for proper mediation. The M.O. J document referenced above actually points out that mediation is probably not suitable for normal debt matters. You should certainly consider mediation if you're dealing with local neighbour disputes, disputes with small independent tradesmen and so forth. Mediation can be helpful all round in these kinds of situation. Other than that, it is not necessarily a good idea.
  12. Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18 months more or less. Then, in 2014 I began to receive letters from First Credit. I ignored these, and binned them without reading. Current Situtation In August 2015 I received a Claim Form from the County Court Business Centre (the claimant was First Credit). It required me to admit the debt or file a defence. I realised it would be foolish to ignore this. I gave the non-response to the CCA request as my defence (exact wording below). A few days ago I received a Notice of Proposed Allocation to the Small Claims Track, accompanied by a Directions Questionnaire. It asks about dates / locations for a court hearing, and also if I agree to the case being referred the Small Claims Mediation Service. How should I respond? Should I bother with the mediation? I don't want to come across as unreasonable, but in this case I don't see what help the mediators could provide. I would like to avoid court if at all possible, and I don't see how they can actually take it to court without having provided me with the requested CCA.
  13. So friend has a mediation agreement in place with a creditor which was reached via court service mediation so claim did not progress to hearing or judgment. They are having trouble with the payments due to recent ill health however creditor won't agree to reducing these. I know if it was a CCJ it could be varied by application but must admit I have no idea if this can be done under the current arrangement... Any advice most welcome
  14. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what underlay might be needed. The floor was fitted by "his team" - his brother and another man. It subsequently failed 4 times in the course of a year. The first 2 attempts to remedy the problems were made by the fitters. After it went wrong the 3rd time, it came to light that the fitters and the company owner had parted company, so the company owner/supplier came out and attempted to repair it. The same thing happened again, and he came out again. At this point, the supplier offered us a replacement stair carpet for our trouble. We said that this was not necessary, but if the floor failed again, we would be seeking a refund. When it failed again, we requested our money back. The supplier agreed, minus fitting costs. When we argued, he withdrew his offer and offered us a replacement floor instead. We expressed our concern that we had no confidence he had the neccesary skills and knowledge to fit a floor, given our experience thus far. We then took advice from the CAB and wrote a letter before action, inviting the supplier to comment on what he believed to be the issue with the floor, and offering to go to mediation. He responded, trying to lay the blame on us with various spurious claims, including that the contracting of the fitters had nothing to do with him - since the receipt he issued clearly stated "supply only." We then wrote again, offering to have an expert inspection and report done on the floor, and asking that both parties share the cost in order to confirm what had caused the problems with the floor. He refused, saying the cost was too great in relation to the value of the floor. We once again gave him the opportunity to refund us, while warning him that he may be asked to pay the cost of the report, should we take our case to the small claims court and win. In order to ascertain whether we had a case, we had the expert inspection done. It found that the fitting was to blame for the issues, including inadequate moisture and humidity readings taken by the supplier. The expert contacted the supplier to find out exactly what prep he had carried out and the supplier told him. The report also queried the suitability of the product for the conditions of our property. Once again, we wrote to the supplier with details of the report's findings and requested a refund of both the flooring, fitting and cost of the report or we would have no choice but to take our case to the small claims. The supplier has not responded. We feel we have a strong case. However, our concern is that it may be thrown out on the basis that the receipt we were issued was for supply only. In the letters from the supplier, he does state that he tried to repair the floor on 2 occasions, hut says it was purely a good will gesture. However, he also states that he did the pre-fitting site visits and prep. So, what is our legal position regarding his responsibility for the fitting of the floor?
  15. Hi, First post here, but lurking for a few weeks! Brief outline: I have issued a claim for compensation against a car dealer. The notice has been served. After about ten days, they filed an acknowledgement of service (I know this doesn't mean anything specific will happen), but they have also notified the court of a change of address. Is it likely that they have changed the 'contact' address so that if it came down to it, they would not have the bailiff in their showroom, and / or, the address is that of say their accountants, so that a bailiff cannot either remove any property as it doesn't belong to the defendant, or there's nothing of value in the registered office? Thanks
  16. Have a quick question I hope someone can help with. Lowell started court proceedings for an outstanding £200 debt to O2. I have no knowledge of this and I've never had a phone with O2 I defended it with the usual 'prove it'. The court has now said this is suitable for mediation. If I genuinely believe this is not my debt, am I right in thinking that I should decline mediation or would this look bad in the eyes of a judge. I just can't see what there is to mediate about if the debt isn't mine or do I agree to mediation and just state this at that point. Advice would be appreciated.
  17. Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.
  18. Hi all, Could do with some further advice as i trawl through my debt issues. 1st cedit purchased a debt of mine from the AA the outstanding balance if which was £2853.10. I have made them a full and final settlement offer of £500 which they have refused and they have subsequently started proceedings against me. They have applied to transfer the case to the small claims court and have agreed to use their mediation service which i have also agreed to so i am waiting for the details of the date for this mediation to take place. They have offered me a settlement figure of£2600. I really do not have that sort of money available to myself and am trying to get the debts that i have settled rather than a long drawn out process of small monthly payments. My question is really is it worth me trying to negotiate with them as the most i could give them would be £800 maybe £1000 if i beg and borrow, our household income is right down as my partner had to give up work for health reasins and her very elderly parents also live with us so i only work part time. I know they would have only paid a fraction of the £2800 owed to the AA so what figure are they likely to accept!!! Many thanks for all your help>
  19. Hi there, I have read a lot of forums about Devere Parking Services and I now need your help. I have been issued with a £175 fine for parking on my own car parking space outside my flat for not displaying my parking permit. It was displayed, or at least I thought it was but it was a hot day and the sticky stuff must of melted off. they fined me £20 first and I appealed against it, then they sent me another court order for £175. My management company have done absolutely nothing to help and said Devere only pay them £75 a year to manage the car park, so I am presuming they get their money from fining people. I am not sure what to do next, should I appeal again? I read somewhere that it can be overidden and there may be the option to pay £20 again but I am not sure....
  20. Hi Is it legal for an employer to force you to go to mediation? And is it legal for them to threaten you with discipline or termination of your job if you don't? Thanks.
  21. Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 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. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.
  22. Hello Just some advice please. A friend has a debt with Lloyds who have passed the collection to Bryan Carter solicitors. she has received papers from her local county court to take part in a mediation (?) telephone call in connection with the debt. Is this a new procedure through the county court? What happens if she chooses not to take part? Is this just a form of intimidation. The debt is approx 4K - she has asked for copy agreement etc from Bryan Carter and Lloyds - but no response. Your views would be most appreciated. Thanks
  23. Hello All, Over the last few years i have received many letters from different credit agencies chasing me for an old debt owed to Lloyds credit card. All dealt with by filing in the bin. I have never contacted any of them or admitted the debt. Wrong, I know but that was how I decided to do it after reading some of the advice here. Thank you for all your reassurance. However, Lowells have now sent a county court claim form. I have read some of the posts here and again am grateful for the advice but would like to know how to deal with the specifics of this case. I believe the debt is over 6 years old as I think the last time I used the card was November 2007. I have checked my Experian credit history and there is no default registered (In fact my credit rating is good!) there are many address checks from Lowells and Lloyds and several others. The details of the claim Form are as follows: Issue date: 12/2/14 (I delayed posting this until now as i had to wait for my Experian pin number to check my credit rating) from: BW Legal Leeds 1.The claimants claim is for the sum of 397.41 being the monies due from the defendant to the claimant under a credit/store card agreement regulated by the CCA 1974 between the defendant and Lloyds TSB bank PLC under the account ref *********. 2.And assigned to the claimant on 30/06/13 notice of which has been given to the defendant. 3.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 4.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 a a rate of 8% per annum from the date of the assignment of the agreement to the date of issues (10/2/14) being an amount of 15.82 I would like to ask the best way to proceed with this? Should I register a defence straight away citing the statue of limitations? As I said, I am not 100% sure of the date I last used the card or when it was registered as a default. I was living abroad at the time so don't have ay of the documents. Or should I send the CCA letter to Lowells and ask for a delay of the court proceedings whilst I do this? Will this be dealt with in time? My concern is that this is a new tactic by Lowells to get you to confirm your address and/or the debt. Many thanks in advance for your advice TMTF
  24. Hi - I submitted a money claim and included copies of two letters from the defendant marked without prejudice. I also included a copy of my reply in which I referred to the offer they had made and mentioned the offer in my particulars of claim. Can anyone tell me if I can request to remove the letters and amend the claim. If so which form should I complete? They are defending the claim and have asked for them to be removed.
  25. Hi, dealing with a N180 at the moment and decided to ask if anybody redacted the contact details of the defendant when serving a copy of the N180 on the claimant? There is also (in the claim I am involved with) a matter of the claim being issued with the wrong name of the defendant. I ask because these details are supposed to be used by the mediation service to enable them to arrange/mediate a telephone conference between the parties, and I would be concerned that the claimant would use the telephone number to harass the defendant. So, better to leave these boxes blank on the claimants copy, or ? Thanks for replies, Bill.
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