Lowell/BW ClaimForm - shop direct cat 'debt'***Claim Dismissed***

[kay000]

Yes Sham.i have checked my credit report and there is no indications of my repayments. just account start date of 15/10/2011, opening balance of £123, then date of default 21/08/2012 and default balance of £123. Before all sorts of charges..

i honestly cant remember the activities of the account clearly, thats why i want to be very cautious. Will it be wise to put a tomlin offer first on the table for the default sum (£123) otherwise demand a supplemental? really would not mind settling the default sum to avoid using my time to attend a hearing,.

 

Though i reason that if the account start date was 15/10/2011 and the payment was monthly and default was 21/08/2012 there certainly would have been payment activites in between the dates don't you think?

[kay000]

I would only submit a supplemental if it is really warranted and has merit and is vital in supporting your initial witness statement, court view could be to disregard it as it becomes tit for tat.

 

Yes the minimum is 3 days

 

Andy

 

Hi Andy, thanks for that. So what will you advise at this stage going forward, i hate to think that the claimant seems to have a upper hand the way it stands now, a Tomlin maybe??

[AndyOrch]

Hi Andy, thanks for that. So what will you advise at this stage going forward, i hate to think that the claimant seems to have a upper hand the way it stands now, a Tomlin maybe??

 

You could prepare a skeleton argument..this can be additional to your witness statement..which would get your further points across to the court at the hearing

[kay000]

You could prepare a skeleton argument..this can be additional to your witness statement..which would get your further points across to the court at the hearing

 

Ok Andy but what bases will i be arguing on, default notices,faulty goods,itemised statement ?

[AndyOrch]

Ok Andy but what bases will i be arguing on, default notices,faulty goods,itemised statement ?

 

Is that not already in your main witness statement? I thought you was considering submitting a supplemental WS..because of further matters raised by the claimant in their late WS ?

[kay000]

Is that not already in your main witness statement? I thought you was considering submitting a supplemental WS..because of further matters raised by the claimant in their late WS ?

 

No Andy,

i have been reading claimants WS and seems to me that there was no other issues apart from them not supplying the itemised statement, a default notice and how the arrived at amount with legality of charges.

 

Please tell me is a tomlin without prejudice .. and what could be the likely response to a Tomlin request?

[shamrocker]

Is that not already in your main witness statement? I thought you was considering submitting a supplemental WS..because of further matters raised by the claimant in their late WS ?

 

You advised Kay not to send a supplemental WS, Andy (unless it added value). Would it be beneficial to draw attention to the £300-odd of default charges prior to any hearing, or address it there and then and hope for the best? (leaving aside the returns dispute for a minute)

 

I'm also mindful that Kay has mentioned several times that they don't want to go to court, so maybe another WS would lay some groundwork for a favourable settlement offer.....or could this simply be mentioned as part of any settlement discussions. Something tells me that Lowell won't back down much on this anyway due to the relatively low claim amount.

[kay000]

Hi Andy Morning, will be really helpful to get your views on Shams thoughts above..

[AndyOrch]

If it adds value then by all means submit either a skeleton or a supplemental WS to refute the points raised....but time is of the essence.

[shamrocker]

What date is the hearing Kay?

[kay000]

What date is the hearing Kay?

Apologies for taking this long to get back, the hearing is on the 9/01/2017., not something I look forward to though.,

So what are your thoughts please.,

[shamrocker]

Why the panic to submit Witness Statement by 19th October if the hearing is so far away?

[AndyOrch]

Why the panic to submit Witness Statement by 19th October if the hearing is so far away?

 

Part of the directions Sham.....ours is not to question why:roll:

 

"Notably,

that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on no later than 19/10/16

 

that the documents to be sent to the other party and the court must include the statements of all witnesses(including the parties themselves)"

 

Andy

[shamrocker]

Cheers Andy. I just found it strange that there was such a large gap between disclosure and the hearing...couldn't remember if directions had been posted up.

[kay000]

Cheers Andy. I just found it strange that there was such a large gap between disclosure and the hearing...couldn't remember if directions had been posted up.

 

Thanks all.i actually now cant lay my hands on the directions any more seems i have lost it. Will need to call the court to have another sent so i can post it here. mean time any suggestion on my next actions? any advise really appreciated,.

[kay000]

Personally thinking of writing a very robust Tomlin with any help here as i have'nt done that before.

[AndyOrch]

Personally thinking of writing a very robust Tomlin with any help here as i have'nt done that before.

 

It is normally the claimant that drafts the Tomlin Order...not the defendant...but you can negotiate its contents if not happy.

 

Andy

[kay000]

It is normally the claimant that drafts the Tomlin Order...not the defendant...but you can negotiate its contents if not happy.

 

Andy

 

Thanks Andy,but how do i initiate it? i mean do i just write to the claimant asking it to consider an out of court settlement for xx amount without charges ,?

i have researched some threads here but have not stumbled on any with this order,.

[AndyOrch]

Simply inform the claimant that you " may " be open to settlement subject to amount and conditions and would consider wrapping this up by way of a Tomlin Order...if they are in agreement...then the balls in their court.

[kay000]

Simply inform the claimant that you " may " be open to settlement subject to amount and conditions and would consider wrapping this up by way of a Tomlin Order...if they are in agreement...then the balls in their court.

 

Thanks Andy. guess the header will be "without prejudice", as i hope it won't influence or be used as an exhibit in court just in case?

[AndyOrch]

Thanks Andy. guess the header will be "without prejudice", as i hope it won't influence or be used as an exhibit in court just in case?

 

Header ? Simply ring them and suggest it...assuming this is the way you want conclude the matter

[kay000]

Header ? Simply ring them and suggest it...assuming this is the way you want conclude the matter

 

ok thanks Andy,but really not too many options or is there? . will leave updates cheers.

[shamrocker]

I would personally send the settlement offer via email. Perhaps ask if they would consider reaching an amicable settlement outside of court. See what figure, if any, they suggest. They may knock £50 or something of that nature off, but you can return with something like... "Having considered all aspects of the claim, I feel a settlement figure of [for example] £150 would reflect a fair outcome for both parties." Then see what they say.

 

If you get no joy then I'd personally hit them with a supplemental Witness Statement that directly challenges the legal nature of £300-odd charges that have been applied to the account. Then see if they're any more amenable.

[kay000]

Thanks Sham and apologies for taking this long to acknowledge, 'urgent private matter'.

 

 

Please see below draft for offer i intend to mail to claimant tomorrow and kindly advise, thanks..

 

Lowell Portfolio 1 Ltd

 

c/o Bwlegal

 

Claim number xxxxxx

 

Re Lowell Portfolio 1 Ltd V xxxx

 

 

Offer of out of court settlement

 

I am hereby writing to notify you that i may be open to an out of court settlement for

 

the above claim subject to amount of claim and condition of payment and will consider

 

sealing an amicable agreement by way of a Tomlin order.

 

I make this offer with the intention of both parties saving time a further resources on this case.

 

I look forward to your reasonable consideration of this offer.

 

yours faithfully

[kay000]

Hi all. so i made an out of court offer of £150 which was turned down and claimant asked for an improved offer if possible,

any thoughts on this pls. also advised that a Tolim order attracts a £100 pound fee so may be better off with other agreement. pls is this

true/advisable, anybody kindly advise,.? thanks