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


kay000
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i spoke to the meditation service today and was suppose to confirm a day for the telephone mediation.

 

in the process i was asked if i have everything i need for the mediation

and i informed that i still did not get a response to my CPR and CCA request.

 

I was then asked to contact the other party and ask why they have not responded to my request

and revert back to the mediation service.

 

Letting them know if they will be providing my request or if i'm unwilling to go ahead with mediation without my request.

 

I will like to get your views on this and if i have to contact BW do i call or write to them? pls advise.

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urm 1st time I've heard of the mediation service asking a defendant to do that

urm..wonder what andy thinks?

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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Do not contact the claimant Kay...if mediation wish to..... let them.

 

Andy

We could do with some help from you.

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Thanks Andy.

 

I actually suggested that they contact and find out since i already made a request but in response was told they are not supposed to its either i find out or i'm not willing to mediate without my request.

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Makes you wonder what mediation stipulate to the claimant to qualify...if the bench mark is documents for defendant ? :madgrin:

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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if you ring again you'll prob get a different operator

and get the correct response to your /their questions...

no I don't have any paperwork.

 

 

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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yeah Andy, so do i call the mediation service since they seems to be waiting on me to book a time for mediation and if so do i tell them to contact BW themselfes otherwise i'm not willing to carry on mediation without response to my request.? pls advise

 

Wouldn't bother...mediation is only really useful if dealing with the OC.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Hi all

i got a letter last week from the county court addressed to all parties advising that mediation service have arranged for the case to be transfered to the county court hearing centre.

just a couple of days ago

 

i have also strangely received from bwlegal

a copy of agreement,

statement of account

and notice of assignment.

 

i don't want to believe they got me cornered... any advise pls..

 

At this point is mediation not a reasonalble option?

 

 

i'm really begining to think whats the best way out without a hearing and also avoiding a ccj

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scan the stuff up in one multipage PDF and attach it here

 

 

upload

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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Share on other sites

why not a tomlin if it gets sticky

its only £336.

 

 

we don't even know if the CCA is enforceable yet!

 

 

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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Share on other sites

Are you ok with the idea of having a CCJ?

 

one thing i don't want is a ccj the other is don't want a court hearing

 

why not a tomlin if it gets sticky

its only £336.

 

we don't even know if the CCA is enforceable yet!

 

dx

Tomlin?..enforceable...:???: sorry you lost me there

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a tomlin order use the search cag box in the red top toolbar

 

you have been sent documentation

we need to see it

to check its meets the CCA requirements.

 

get what you received today scanned up to ONE multipage PDF

 

follow the upload

 

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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Share on other sites

what is there looks enforceable

there was a covering letter

did it mention the word reconstructed?

 

we need to see the notice of assignment please

 

have they sent a notice of default yet either?

 

though the summery does note it was defaulted by the OC

 

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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Share on other sites

one thing i don't want is a ccj the other is don't want a court hearing

 

My apologies kay! I didn't notice your reference above to wanting to avoid a CCJ. I assumed that was the case anyway, but my questions are just set to get some idea on your mindset towards this whole process.

 

DX mentions a Tomlin Order - this is an arrangement with the claimant to pay off the agreed settlement figure in agreed instalments. It is sealed by the court and basically puts a pause to the claim, so long as the payments are maintained. You would avoid a CCJ into the bargain.

 

As DX mentions, is there a Default Notice within the documents you've been provided with? This is an important aspect of their claim, and is no doubt what DX has in mind when questioning whether the CCA is actually enforceable. No DN = no enforcement.

 

I note in the account summary £144 in charges. I would be challenging the legal basis of these at the very least.

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Thanks Shamrocker.

i don't think there was a seperate default notice sent. j

 

ust that mentioned in the column of the statement i already uploaded.

 

see also the notice of assignment uploading now.

 

i don't really mind doing a Tomlin if i can get the questionable charges off.

 

How do i begin to contest the charges?

is it something that can be settled without a hearing?

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The Claimant would have to agree to a Tomlin Order - but it wouldn't require a hearing. Rather than challenge the default charges, you could simply word a Without Prejudice proposal stating that, having considered all aspects of the case, you believe a Full & Final settlement amount of £200 would represent a fair outcome for all parties, to be paid by way of Tomlin Order for xx amount of monthly instalments of £xx.

 

I would only entertain that route if you haven't got the appetite to progress to the disclosure/witness statement stage and beyond..possibly as far as hearing. Personally, I'd hang around to find out if they produce a valid default notice, and at the same time challenge the charges applied (through your witness statement). The hoops you make them jump through might be enough to make them decide the work isn't worth it - but you'd need to have your head firmly around what it is you're trying to achieve.

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