Lowell/carter claimform NEXT cat 'debt'

[leyley]

thanks andy ill copy it and enter it asap

[leyley]

ok defence submitted no I guess its a waiting game

anyone give any time lines of how the next few steps upto going into court for a hearing go is it quite quick are im I going to be having this around Christmas?

Edited October 11, 2014 by leyley

[Guest]

briefly,

claimant will be sent yr defence by the court.

claimant then has 28 days to respond to the court with their intentions. if they dont respond in that time, then it will be auto stayed.

[leyley]

I received a letter from the court stating they had received my defence and would pass on to claimant.

 

 

today I have received a letter from BC to state they are going to proceed with the matter

and would like me to call them to see if we can come to some kind of arrangement.

 

I have still had nothing from Lowells about the cca request

they have until next week as that will be when the 14 working days is up,

I did think they would send a letter telling me they had at least received it.

 

a couple of questions

can I just confirm that a cca request still has to be followed if court proceedings have begun?

 

and is there a template for the letter I send if they don't comply with the cca?

 

thanks all

[dx100uk]

std begging letter then

please pay us something before we have to discontinue.

 

 

they must produce an enforceable CCA

 

 

you send them nothing more

[leyley]

still nothing from lowells regarding the cca request and their time up is tomorrow

 

received another letter from BC on Saturday apparently they say that

"their clients position is that there is good prospect of it successfully proving its claim should the matter proceed to a hearing"

 

however they are willing to let me have a reduced settlement or if I cant afford the lump sum

they are willing for me to pay the whole amount plus interest and costs by monthly instalment

and they will let me decide how much I can afford,

 

 

they have include two tomlin orders for me to sign to agree to this.

 

 

The actual whole amount sum that they've put includes court fees, solicitors costs, interest equaling the court claim amount

but then they've added another £50 as the total on the claim is 2511.58 and on the tomlin order it is 2561.58.

 

oops better not sign it now as im not allows to talk about the agreements and I just have

[Alloyz1]

I had a similar offer to pay a reduced amount or the whole amount in installments.

 

We eventually agreed to a 75% reduction, zero interest and a fixed payment and period

 

There is hope

 

A

[AndyOrch]

So negotiation is the key leyley...dont just accept his first offer...negotiate to suit or try to meet half way.

 

Andy

[leyley]

time for an update

 

still nothing regarding my cca request not that I expected much

 

On Friday I received a directions questionnaire from the courts

 

 

which I have to fill in and send back to them it also says I have to send a copy to BC

 

 

but little concerned as I have to sign the bottom of the questionnaire

 

 

could I send BC a copy unsigned???

 

 

and just sign it for the courts?

[AndyOrch]

Yes that's fine leyley

 

Andy

[leyley]

thanks andy

Ill get them posted first thing in the morning

[leyley]

Update had a phone call from the mediation service just need to wait for a date once they've spoke to BC

[AndyOrch]

He is not renowned for keeping mediation appointments leyley....so be prepared for it being cancelled.

[leyley]

Thanks andy but looks like he didn't want to do the dates the mediation service gave as ive not had an email from them with an appointment cant say im surprised as the dates were the 2 week Christmas break for most people but at least I said I would do it.

[AndyOrch]

What did I say:roll:

 

 

Just proceed with the Notice of Allocation leyley...in particular look at the directions at what you must comply with next...Witness Statement and disclosure.

 

Regards

 

Andy

[leyley]

Thanks Andy

 

 

its annoying the courts should be more strict with companies like these

and demand they provide the evidence to which they make the claim from at the start of the claim,

it would stop a lot of wasted time to the courts they should also have to turn up to the hearings.

 

haven't had the Notice of Allocation yet or any directions to do anything with witness statements,

 

 

last thing I got was the directions questionnaire about which court I would like to be at,

what witnesses if any I would be using and if id like mediation to which I said I would and BC

also agreed seems to be that they can just lie and get away with it,

the courts received it from me on the 2nd December it had to be returned by the 4th December so everything was fine there.

 

How long should I wait before calling court about Notice of Allocation??

[Guest]

if mediation hasnt worked out, then as andy will proceed to allocation. wait for the court notice re that.

as you say, you tried, so you cant get penalised for that.

[leyley]

update

 

 

have court date

will need to get my witness statement and docs together to send off for the for about 30th march so that they get them before easter holidays.

 

 

working on my witness statement

not really sure how much to say as they haven't sent any of the documents

 

 

really have nothing to add to my defence other than I have tried to get the agreement

 

 

they say I signed by cca request to lowells but have had nothing back from Lowell

 

 

ill get working on something and photocopying my requests,

 

 

any ideas of what I should include in my witness statement would be gratefully received

[leyley]

in todays post came some stuff from BC which included an unsigned agreement in which the name and address are typed into the space,

a list of statements for the account,

a copy of a letter next sent about account being sold

and a copy of a letter sent from lowells about them buying the account.

 

No default notice included and of course no signed agreement as I didn't sign one.

 

can I just clarify for them to win they will need to provide a signed agreement?

if so why would they still continue with this action if they haven't got one?

 

also they said in their allocation information that they would not be attending the hearing

so do they have to send the original docouments to the court and not just copies?

 

 

as the court said we need to bring originals of all documents with us to the hearing.

 

 

thanks for any help

[Guest]

looks like then they are using a reconstruction re your cca request. any such recon needs to be accurate.

also, they wld have to satisfy the then s127 (3) Con credit act as yrs was prior to 2007. ie show that there was a signed agreement. they might be trying to rely on their recon re that also.

they wld need to at least show that a default notice was issued, and then it was mostly compliant. if applicable.

plus, your defence.

somethings to be included in yr wit statement.

unsurprising that they will not be sending a devils advocate. is small claims costs. relying on the judge to do them a favour?

see what andy etc say

[leyley]

thanks ford

will see what andy says

in my witness statement do I put something about what the con credit act states or just put that I have received a default notice and did not sign an agreement

 

 

little worried that I have to sign the witness statement I send to BC as have read not to let them have my signature incase the somehow copy it on to an agreement

[Guest]

...

 

 

as the court said we need to bring originals of all documents with us to the hearing.

 

 

 

is there a court order re this, re the claimant also?

[leyley]

is there a court order re this, re the claimant also?

 

it says in the court directions that all original douments must be brought to the hearing

[Guest]

it says in the court directions that all original douments must be brought to the hearing

 

 

they might struggle to comply with that direction then

[AndyOrch]

in todays post came some stuff from BC which included an unsigned agreement in which the name and address are typed into the space,

a list of statements for the account,

a copy of a letter next sent about account being sold

and a copy of a letter sent from lowells about them buying the account.

 

No default notice included and of course no signed agreement as I didn't sign one.

 

can I just clarify for them to win they will need to provide a signed agreement?

if so why would they still continue with this action if they haven't got one?

 

also they said in their allocation information that they would not be attending the hearing

so do they have to send the original docouments to the court and not just copies?

 

 

as the court said we (they ) need to bring originals of all documents with us to the hearing.

 

 

thanks for any help

 

Just make sure you attend Leyley...you should be in and out in 10 mins with the claim struck out.

 

Andy