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BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***


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No but you can download it and complete on screen then print 3 copies.Looks far more professional.:wink:

 

Andy

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No ......he would not be an expert witness anyway....

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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1 witness that's you......:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Varies.......either party can start the ball rolling by contacting the mediation service.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 4 weeks later...

Returned the DQ before christmas and got contacted by the mediation service yesterday. Now waiting on BW to agree to date for mediation.

 

I just need to check again Andy -

1. Do I need to submit or prepare any additional material for the mediator?

2. Will the mediation be in the form of a conference call with the BW layers, the mediator and I? OR the mediator rings both parties and ascertains facts separately?

3. I just need to reiterate that BW/Lowells have failed to prove that debt is not SB

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1. Just make sure you have complete history of events to hand for reference.

2. Separate.

3. "I submitted a S B defence, which is absolute. They failed to provide evidence to the contrary. On what grounds therefore do they propose to mediate?"

 

If indeed BMW can be ***ed to participate at all. Nice for you if they can't.

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1. Just make sure you have complete history of events to hand for reference.

2. Separate.

3. "I submitted a S B defence, which is absolute. They failed to provide evidence to the contrary. On what grounds therefore do they propose to mediate?"

 

If indeed BMW can be ***ed to participate at all. Nice for you if they can't.

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Thanks for clarifying Oleg. I take it from your statement that these lot sometimes don't participate in the mediation even after indicating willingness to proceed.

 

The lady from the mediation team said she'd seek to get a date from them but if they don't get an agreeable date from BW the case will be transferred to Local County court.

 

Can the mediator rule in my favour if they fail to participate or will it have to go to a judge?

 

 

 

1. Just make sure you have complete history of events to hand for reference.

2. Separate.

3. "I submitted a S B defence, which is absolute. They failed to provide evidence to the contrary. On what grounds therefore do they propose to mediate?"

 

If indeed BMW can be ***ed to participate at all. Nice for you if they can't.

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They know it will count against them if they haven't shown willing.

 

If they don't take part at all, that's the only thing the mediator would record. It's not their role to evaluate and report to the judge.

 

No guarantee that it will reach proceedings. It could do so but BMW fail to turn up. If it suits them they will. If it doesn't, they won't.

 

Sorry to be so vague but that's the nature of the beast.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Received from BW the credit agreement for the account in question two days before the mediation.

 

 

Their letter also stated that their client is amenable to settling this matter with me on a commercial footing.

 

 

They are willing to accept £376 in final settlement in full or repayments.

 

Nothing sent to prove its not SB.

 

Thoughts?

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tough luck on them then!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update: Mediation took place this morning.

 

 

BW/Lowell said they wanted to proceed on the notion that the debt wasn't SB under section 5 of the Limitations act.

 

 

They were basing this on the default date being the cause of action date.

 

 

I argued the cause of action to be the date of last payment in July.

 

 

They made offers ranging from 20%-50% reductions which I did not accept.

 

 

This now looks like it will be proceeding to the County Court and a judge will decide if its SB or not.

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that's the usual rubbish application form.

 

 

no joy there on it ever being enforceable

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As dx says, that is not enforceable.

 

 

Do you want to go to Court, or would you rather try and persuade them to back off by raising some issues in correspondence? It's a pity these Capital One accounts ever get taken to Court because if you nip it in the bud with Lowell they'll often leave you alone.

 

 

If you do go to Court you should be okay provided you don't get a mad judge!

 

 

DD

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Thanks guys. I stupidly assumed the CCA sent through was admissable.

 

 

My preference would be to nip this in the bud and avoid court in general but if push came to shove i'd be happy to go to court.

 

Please share suggestions on how to raise these issues via correspondence

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