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p_walker

Lowells claim form - old Cap1 Card debt

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dx100uk, you are a star, thanks.

 

I am now not sure about the dates,

the only reason for hesitation is that I was wondering if they would mail something to me today or tomorrow.

 

Even though the court has said tomorrow,

that would be hard to prove as it was a phone conversation.

 

BTW should I really be acknowledging the relationship as in point 1?

I have never had ANY contact with Lowells, in any form.

So I wonder if I should acknowledge it now.

Edited by p_walker

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Defence cheked and amended...I wouldn't wait by the door for a response...submit it now.

 

Andy


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OK you are all totally right about the date, a bit scary that the court agreed with the wrong date I said three times on the phone on three separate occasions. I was using the date calculator: http://imgur.com/ucpbnPf

 

Re: paragraph 2, I thought 'paragraph' was referring to the points. Should I be calling them 'point'?

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Paragraphs...points..... its irrelevant as long as your response connects with the claimants pleadings


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File on mcol website


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Does everyone agree that it is correct to acknowledge the relationship now? Also, the court said email was OK, do you agree?

 

Also, do I write a proper email addressing the court ('Dear Judge...') to contain the defence, or literally just email the defence itself?

Edited by p_walker

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yes everything is ok

 

 

file the defence on the mocol website detailed on the claimform.

 

 

no need to use email if that is working!!


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Use the email address in post#23 ..in your subject line head it defence and claim number....you will receive an automated response that it has been received.

 

Point 1 edited slightly to admit to having an agreement with Capital One..not Lowell.

 

Is there a reason you cant submit on line using MCOL as detailed on the claim form?


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Thanks you everyone, I will keep you updated.

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I have received a Directions Questionnaire (small claims track). Does anyone know if I can email this in or do I have to post it? Also, it says I have to 'serve copies on all other parties'. I'm not sure what this means, which other parties do they mean? Thanks.

 

Also, I will agree to the small claims mediation service, put my local County Court and then myself as a witness. Is all this correct?

Edited by p_walker

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Post......other parties are the claimants solicitors.

 

" Also, I will agree to the small claims Mediation service, put my local county court and then myself as a witness. Is all this correct?"

 

Correct

 

Andy


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Thanks. Regarding writing to their solicitors, is a standard covering letter OK?

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You dont write anything..just print a copy of the DQ and post it to them.


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Thank you :)

 

Sorry, just to clarify, as I am filling out the paper form, I can just scan in my completed form, print it and post it to their solicitors. Not the blank form, right?

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why would you send a blank form to anyone...:noidea:

 

copy to claimants sols you can omit your sig/phone/email if you don't want them to have those...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Nevermind, I think I understand now. They have already sent me their copy. :|

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Click the following link and complete it on your PC ..looks far more professional.....then you save it ...email it...do what ever.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**


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I have now received a slightly confusing email about mediation.

 

 

They have asked me three questions about requirements for mediation,

two of the points are as follows (the third is just about when I am available):

 

1.For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions.

Can you agree to this?

 

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

 

 

How should I proceed from here?

They have phoned my mobile a couple of times but I was not available.

 

 

I think I have to call them back today but I don't know what I should say.

Also, the email mentioned twenty-one days from the email but further down it says they will contact me within 8 days,

I am now at the end of the eight days

so does that mean my deadline is today?

 

Thanks for any help.

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1...yes

 

2....have you received copies of all the documents requested ?

 

If not.... no.....mediation will be cancelled and the claim proceeds to allocation.


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Thanks, they have sent me a copy of the default notice (I think, the paperwork is not with me) but not the original agreement or anything else.

 

Do I phone mediation and say that or do I book a mediation appoinment and say the paperwork hasn't been provided?

 

Nevermind, I have spoken to the mediation service now and it was all made clear. Thanks for everyone's help so far.

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So is mediation proceeding or not ?


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*Edit*: Sorry, I have deleted my post due to paranoia about the whole thing.

Edited by p_walker
privacy

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Nevermind...so you wont require any help with the court directions now its proceeding to Directions ?


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Hi again,

 

I have a date for a court hearing and have received evidence from Lowell's solicitors.

 

They have written a lengthy reply to my original witness statement and defence (20 points in total).

 

I would really appreciate some help with what to do next .

 

Sorry I deleted my reply before- that was a mistake.

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Scan and redact and upload their WS and exhibits..then we can advise with your own WS and Disclosure...what date must you submit them by ?


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