Lowell Claimform - HBOS credit Card

[dx100uk]

is this the std lowells n180 [hey this is what we are going to send. but wondered if we can frighten you into settling now for a reduced figure? before we do]..letter?

]

how much are they knocking off the £3k owed?

 

dx

 

[gibster1957]

They aren't knocking anything off dx, its just the directions questionnaire agreeing to the small claims mediation service.

[dx100uk]

then that's std for lowells.

pers id let this run

you can always do a tomlin order later

as andy says 

they might fold

id go rigt thru to WS stage and see what they come up with that we cant counter to any reasonable success

[AndyOrch]

So should you get into mediation or negotiate directly thats your starting point....less £1000...there should be no interest once an agreement has been terminated.

Suggest a possible tomlin order on an mutually acceptable figure ?

[gibster1957]

Thanks for that dx/Andy, so to get this going do i write to Lowells offering a Tomlin order ( minus the interest that was added during the period the account was live) and a sum that is affordable to me.

Thanks

[AndyOrch]

Its an option I'm not stating thats what you do....depends if you wish to proceed.You dont offer you suggest...only the claimant can arrange a tomlin order..its for you to agree/negotiate it.

[gibster1957]

Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.

[gibster1957]

Hi Guys,

Today I have received the N180 from the court plus a EX730 mediation form.

 

I now have to decide which way I want to go with this. My gut feeling is that they don't have the full cca and default notice however I don't want a ccj on the chance that I lose.

 

Lowells have agreed to mediation

I would like to know ( if someone has been through this) what questions you are asked by the mediator .

 

It also states on the N149A ( Notice of Proposed Allocation to the Small Claimes Track) that I have to serve a copies of the N180 to all other parties so I am assuming I have to send a copy directly to Lowells Solictors?.

 

It also states on the N180 that even if I agree to mediation I have to fill in the rest of the form however on the mediation form it states that if I agree to mediation I tick yes in box A1 and complete section B.

 

Final question is that it states on the N149A that if I agree to the mediation to contact them ASAP but wouldn't returning the form be enough.

 

Sorry for all the questions guys, really appreciate your help.

[dx100uk]

Yes to mediation

1 wit you

the rest is obv

 

3 copies

1 to court

1 to lowell sols minus email/phone/sigi

 

The rest is obv

[gibster1957]

Thanks dx, much appreciated, will get it off to them.

[gibster1957]

Hi all,

Back in July last year i decided to go to mediation after taking advice from this forum and taking the risk of getting a cjj on my now very good credit score.

The date and time were set up and the phonecall duly came from the mediator.

 

The mediator asked if i knew about the debt which i acknowledged and set out my position that all the paperwork wasnt forthcoming from the debt recovery company ie the default notice.

 

The mediator said to me that they only needed to prove i had the debt to enforce it and that she would now speak to the company to see what they had to say and it would be probably (she knew the name of the person) who she would speak to.

 

After a couple of more phonecalls i agreed to a payment plan on which i did managed to get the balance reduced but felt i was pressured in to making the arrangement as i would have no chance if it went to court.

 

I just wanted to let others know the outcome of my dealings with the mediation service and though i am relatively happy with the outcome, feel a little let down by them.

[dx100uk]

if you didn't have all the paperwork you required to make an informed decision upon mediation you should have said no to the Q from the N180 which are asked again before it actually starts.

 

being frighten of a CCJ is no reason to be had over!!

 

dx

 

 

[gibster1957]

I did say to the mediator that i didnt have all the paperwork however the mediator stated that they only had to prove that i had the debt!.

 

[dx100uk]

Stop payment?

 

A mediation agreement is not a binding agreement from the court.??

[AndyOrch]

It can be consented through mediation services...they can advise the court not to proceed to allocation