Lowell Claimform - old Vanquis card debt***Settled Tomlin Order***

[jb000]

Copy of defence - I have starred out name, claim number and erased signature.

Defence jb000.pdf

[jb000]

A couple of days ago, I received something called a Directions Questionnaire. It is saying something about mediation. I do not want to mediate with them. Do I simply ignore or contact the Court. I have had a look at one or two threads, but I am still none the wiser.

[Old Cogger]

nd mediate, if not they will ay cannot take place (mediation) and pass case back to the courts, what happens is mediator rings and ask you questions, they speak to the other side (you do not) and mediate if necessary, read other threads and you will learn what happens. you must respond to that form, sure somebody will advise here soon as aswell.

[dx100uk]

just type in

 

claimform card N180

 

into the search cag box of the top redtollbar

[jb000]

I see things a bit clearer now.

They have sent me a copy of what they have completed to the Court.

I am still waiting for my questionnaire to come from the Court.

 

Once I get it,

I state yes for mediation,

yes for small claims track and

state my local county court and

send 3 copies,

one to Court,

one to them and

one for file.

Edited February 15, 2019 by dx100uk
spacing

[dx100uk]

well done

 

don't forget to omit email/phone/sig from the sols copy.

you don't need to give them a free way to harass you when they lose , nor to purposefully send their disclosure at 1 min to midnight on the last day they are due IF it gets that far.

[jb000]

UPDATE: Sent questionnaires off to Court and Lowell Solicitors by recorded delivery early last week, well before deadline. A check with Royal Mail shows both have signed and received them.

 

Today I received another copy of the credit agreement and statement from Lowell. This time, they have managed to dredge up the default notice. I cannot understand why this has not been sent to me before. As far as I am aware, that could have been typed up at any time.

 

The most concerning thing is that they have sent me a Tomlin Order application. I have had a quick look at threads and apparently this is a big no no. I just wonder if they are trying to frighten me before they give up.

[dx100uk]

good...you're learning:wink:

 

scan up what they have sent to PDF please

read upload ONE multipage file ONLY.

 

dx

[jb000]

Sorry for the delay. I have been ill recently and also my computer packed in. This is the notice of default. I am still waiting for a mediation appointment, however, as far as I am concerned, there is nothing to mediate. I have ignored the Tomlin Order and waiting for the next move.

 

I don't know why the document is over 4MB. I am not very computer savvy. So if someone could come along and try to reduce it, I would be very grateful.

Default Notice.pdf

Edited February 24, 2019 by dx100uk
merge

[dx100uk]

not sure why you keep obscuring dates

we needdates to make sure things are compliant

[jb000]

Sorry about that. I was a bit unsure whether they could trace me by the date as they probably read these threads. I will keep the dates in tact from now on. Letter was dated 12 December 2012 and the other date was 31 December 2012.

[dx100uk]

doesn't matter if they can..

once a court claim is issued there is very little point in secret squirrel stuff anymore

 

DN sounds compliant then..

[Old Cogger]

as for vanquis getting dates right is another matter. so let us see the dates without them your entry is of no use

[jb000]

UPDATE. 

I was sent a letter to commence mediation,

however, the only time slots available were on a Monday to Friday between 9.00am and 1.00pm. 

I e-mailed the mediation service and stated that I could not make any of those time slots as I work Monday to Friday between 9.00am to 5.00pm and any time off has to be arranged well in advance. 

 

I said that I was quite prepared to mediate, however, given the very limited time slots, it would be impossible for me to do so at the times on offer.

 

Yesterday, I received notice from the County Court. 

My hearing is on 28th June and the Judge has allocated 1.5 hours for the hearing. 

 

I noticed that they will have to stump up £170 by the end of May if they want to see me in Court. 

Whether they do so or not is anybody's guess. 

 

I'm quite prepared for a fight and have my day in Court as this has already trashed my credit history for 6 years and has just dropped off my file.  So I am certainly not going to let them trash it for another 6 years.

[AndyOrch]

Now you refer to the notice of allocation and follow the directions imposed by the court and by what date......start preparing your statement and disclosures.

 

Andy

[jb000]

Just received this morning a huge batch of papers from Lowell Solicitors by Special Delivery. 

This includes their witness statement which is about 5 pages long with screenshots. 

 

I am in the middle of compiling my statement for the hearing. 

I thought that if I pushed them, they would back down at the last minute as they have done in the past,

however, it looks like they are going for it. 

They have even stated in the covering letter that they will be represented and are also going for costs at the hearing.

 

I remember a post of a similar situation with Vanquis and Lowells where it went to Court with more or less the same paperwork as I have, full of screenshots and an unsigned credit agreement and the Judge threw it out, but for the life of me, I cannot find it anymore. 

 

I am hoping to use the witness statement for that hearing to help me with my case.

 

So, where do I go from here? 

I was hoping that they would chicken out, but I think they are taking this one all of the way.

 

 

 

[AndyOrch]

Scan redact and post up their statement and evidence...really cant comment until we know what they wish to rely on.

 

Andy

[jb000]

Just found the post I was after thank goodness.  I will post up their defence tonight after work.  I am no good at scanning as I rely on my mobile phone, so please bear with me.  I have found the witness statement I was after, so I will edit to suit and post up a copy and hopefully you can tell me if I am going down the right road.

[AndyOrch]

Post a link to the thread in question also....is it one of my witness statements? 

[fkofilee]

50 minutes ago, jb000 said:

Just found the post I was after thank goodness.  I will post up their defence tonight after work.  I am no good at scanning as I rely on my mobile phone, so please bear with me.  I have found the witness statement I was after, so I will edit to suit and post up a copy and hopefully you can tell me if I am going down the right road.

 

Download Officelens from Microsoft and follow the instructions

Itll make clearer images of the documents. 

[jb000]

OK guys, after thinking about this long and hard. I have decided to go down the Tomlin Order route. Sorry for chickening out. 

 

However, I have no property or savings, my expenditure is slightly more than my income. So what can they get apart from a token amount each month. 

I just don't want this going to a CCJ when this has spent 6 years already as a default. 

 

My credit record is clean now, I want it to stay that way.Anyway, thanks to all who have provided advice. 

I will give a small donation to CAG for all of your good work.

[dx100uk]

why?

can we see this WS please they sent inc exhibits

 

[jb000]

Hello DX100uk

The deadline for submitting the witness statements was today.  I did have one to submit to the Court as I work close by.  However, I thought that:

 

a) I could lose and the Judge awards a CCJ and b) as I have no disposable income, they will only get a token  amount with no CCJ.

 

I just did not want to gamble because my credit history is clean now, and I want it to stay that way.

 

[dx100uk]

id certainly not give up yet plenty of time yet.they might disc once your WS has landed.it doesn't hurt a lip filing WS late

you have certain leeway.

 

 

[Old Cogger]

they are well known for discontinuing at the last minute before they loose their fee