lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***

[notdoneyet]

So the counterclaim is no good because CAP 1 say they don't own it any longer is that what you mean? And therefore lowells aren't liable to be sued by me as they never miss sold it?

 

Then how can I use this against them in mediation?

 

So should I put a fresh mcol claim in against CAP 1 for the PPI and let them figure it out themselves?

 

I appreciate your advice but I'm sure you can see why I am confused by what has been said. When I gave incorrect dates (due to being fearful of the dca reading these posts) it was made clear I was making life harder for you guys to advise (which was never my intention).

 

Thanks

[AndyOrch]

Cap 1 are still responsible for the miss selling of PPI and any separate claim could be issued against them or the FoS would deal with them direct.

 

Alternatively the PPI may be used as leverage in a Tomlin Order/Mediation...depends on how good you negotiate...as Lowell dont want the hassel and could agree a reduction just to get some kind of return.

 

I can understand your confusion but as advisers we all have have are own take on how to deal with claim and deal differently subject to who the claimant is and more importantly which Solicitor is acting..thats why we need to know who what when.

 

It is possible to issue a counter claim against Lowell on the PPI by bringing Cap 1 in as a third party to the counter claim...its complicated and can be messy and costly...so that is why you was probably advised not to consider a Counter claim in the first instance.

[dx100uk]

as a side note

those statements carter sent

when was the last payment then?

 

 

dx

[notdoneyet]

Thanks Andy for clearing that up.

 

Dx March 2010, token payment of £1.

[dx100uk]

and prior to that date the £1 payments go back every month without gaps

confirming your thoughts of the £1plan you were in?

 

 

in other words this £1 is not an isolated one?

 

 

dx

[notdoneyet]

and prior to that date the £1 payments go back every month without gaps

confirming your thoughts of the £1plan you were in?

 

 

No, strangely the month before that was no payment,

then (in reverse order)

a payment,

then two months before that no payments,

then a payment,

then no payment.

 

 

Prior to that I had made 9 straight payments of £1 with no missed payments

 

 

so it's pretty sporadic for the 7 months at the end hence my confusion at the start of the thread

- these gaps aren't something I would have done.

[dx100uk]

just them processing things prob.

gotta admit the more I look at this the more it smells to me

 

 

dx

[notdoneyet]

Morning all,

 

Another update - I dont know how significant this one might be, so I would appreciate some guidance about if or how I should respond.

 

Letter through from my local court, ordering that Lowell have to submit to the court before the end of next month:

 

- The original Credit agreement

 

- History of the operation of the account

 

- Copy of the notice of assignment served

 

In default of these the claim will stand struck out.

 

As we stand, all they have provided is a copy of the application form, not an agreement and certainly not the 'original' credit agreement. However, I am fairly sure they will submit what they have sent me, along with the various sets of T&C's, toe the judge in the hope he/she will be lenient towards them.

 

Also, the NOA they have served me, do they not also need to send proof that this was served by a registered service and the date of receipt etc? Not simply dropped in a post bag with a 2nd class stamp.

 

Have I got a reprieve here potentially, and can I do anything to highlight to the judge in advance that what they have submitted to me as an 'original' agreement is simply an application form?

 

Thanks all.

[AndyOrch]

So...its good that your defence has been followed by the Court and suitable directions have been issued...I assume this is a General Order or is it the Notice of Allocation?

 

No they do not have to to provide proof by way of registered post re the NoA...normal delivery is acceptable.

 

It is now as you state whether the Court will accept what they disclose as valid or invalid...we will see.

 

Andy

[notdoneyet]

Hi Andy,

 

All it says is N24 General form of Judgment or Order on the paperwork.

 

So this is it essentially, luck of the draw whether the judge decides to read the law as it should be interpreted or if he/she wishes to use their own opinion on the situation.

 

If they use their own opinion, rather than look for an original agreement from lowells, have I got grounds for appeal?

 

Thanks.

[AndyOrch]

Right you are.....so you have not received Notice of Allocation as yet but the court is ordering disclosure before it proceeds...which is good.Whether it is accepted or not and if so you will have opportunity to challenge later into the process....(on receipt of the Notice of Allocation should it get to that stage)

[notdoneyet]

That sounds good Andy.

 

We have a judges name though - does that not mean it has already been allocated?

[AndyOrch]

Not if you have not received the Notice of Allocation...which contains the directions and time table...this is pre allocation disclosure...which is quite rare...but useful.

[notdoneyet]

Maybe being a bit simple here but...

 

We were given a NOA previously but this was when it was based out of the Northampton bulk processing centre. On page 3 I mentioned this and that it was allocated to small claims track.

 

We agreed to mediation etc but then a letter came through from our local court stating that it was going through the process with them as requested. We phoned and we're told that mediation would be attempted in due course and to await contact from the courts.

 

This original NOA would be void now, correct? Our new local judge wouldn't simply be relying on that information previously sent from a different court?

[AndyOrch]

That was the N180 (Directions Questionnaire) which you submitted ....

[notdoneyet]

Like I said, being a bit simple, sorry lol.

 

So this current situation is a good one really?

 

On one side the judge could see nothing but an application form with lots of generic T&Cs attached and strike it out...

 

Or he could side with the claimants and what they have produced, in which case we could appeal on the basis of this not being an enforceable agreement.

[AndyOrch]

Not appeal as such...challenge as (if) the claim proceeds (allocated) as stated this is quite rare to order pre allocation disclosure...so the court could strike this out before it even starts.

[notdoneyet]

Well in questioning why it's rare, I googled the judges name.

 

He doesn't like banks by the sound of things - lots in the local press about bank charges and him siding with claimants because he holds the banks in such contempt!

 

Makes you wonder what he will think of some DCA who are going to call an application form an agreement

[AndyOrch]

He doesn't like banks by the sound of things

 

Handy to know...which Court:lol:

[notdoneyet]

He doesn't like banks by the sound of things

 

Handy to know...which Court:lol:

 

Hi Andy,

 

I'm almost at the court deadline stage, is there anything I have to do to request the case to be struck out?

 

Just wondering if I need to be on the ball here or if the judge will automatically do this cone the deadline date and time.

 

Thanks

[notdoneyet]

well that went badly...

 

The judge received the docs from Carter (same as we had, a signed application form being passed off as an agreement) and has decided that is good enough to proceed with:

 

Small claims track allocation, court date and I have to contact the mediation service for a one hour session to try and resolve before the hearing.

 

The final paragraph states that because this order was made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.

 

where do I go from here? that makes no sense that the judge accepts an application form as an agreement.

 

Thanks

[shamrocker]

You received a copy of the application form too - right? Could you scan it and post it up? Remove identifiable details before posting.

[notdoneyet]

Yes shamrocker - I done it before but DX removed it as I must have left some identifiers so I will do it again.

[shamrocker]

Ok cheers. We can all have a look then, but I'm guessing it's pretty standard.

[notdoneyet]