Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS ***Claim Discontinued***

[eoghan]

@dx100uk

 

Update:

 

Received from the court today

 

There's an option to agree to mediation. I'm assuming I tick yes on that?

C1 - Yes?

D1 - My local CC?

D2 - No?

D3 - Witness 1

D4 - Dates I cannot attend?

Interpreter - No

 

There's a mediation form asking:

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 Yes/No

I can confirm that I have enough information about the claim, to allow me to enter into negotiations. Yes/No

 

If I answer NO to any of the above then mediation is not suitable.

 

How to proceed folks?

 

Scan 28 Jan 2021_Redacted.pdf

[AndyOrch]

 

[eoghan]

Thank You.

[dx100uk]

hidden.

 

Please read upload and use pdf reducer pdf merge website and put those all in onefile

Else we'll be here all night download single files

[dx100uk]

If you cant manage it ask and ill do it for you

 

dx

[eoghan]

Does this work, had to do some serious compression.

 

118118merged (1).pdf

[AndyOrch]

I wonder if they have informed the court of change of solicitor during a live claim.?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42/pd_part42

[eoghan]

Well whaddya know. This letter isn't exactly informing me of a change of solicitors either. 

So Lowells should have filled a notice to cease and then the new boys under N434. 

Interesting. Does this then invalidate their claim?

[AndyOrch]

Overdales Solicitors formally known as Lucas Credit Services.

 

https://lowellsolicitors.co.uk/contact-us/

[eoghan]

Received via email today:

 

Your appointment details

Claim number: #######;

Parties: LOWELL PORTFOLIO I LTD v a name

Appointment date: 23/04/2021;

Appointment time slot: 13:30 and 16:30;

Your confidential telephone mediation appointment has been booked for the above date and time slot. If you need to cancel your appointment please let us know, this lets us offer your time slot to someone else.

You will be called within this time slot and your appointment will last for a maximum of one hour.

Reply by email to [email protected] confirming:

• your full name
• email address
• telephone number for the mediator to call you on

Important mediation requirements

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I’m available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

 

How to respond?

I think point 2 is where I send back something like:

The claimant has to date failed to provide me with enough information to enter into any meaningful mediation negotiations, I also in my initial response told the court that I would be unavailable to attend and mediation until after 6th July 2021 so am unsure why an appointment has been set for the 23rd April.

 

[AndyOrch]

Then that's how to respond......don't leave it too late.

[eoghan]

Just noticed I received this, missed it in my inbox...

 

n158 2.pdf

[dx100uk]

STD N158 AS WITH YOUR OTHER THREAD

SO YOU ALREADY KNOW WHAT TO DO...

opps sri caps.

 

 

[eoghan]

Cheers, just wanted to make sure before I hit the send button.

 

I'm assuming i this 'meeting' I'll just be reiterating my stance "the claimant has to date failed to provide any meaningful evidence to support their claim" regardless of what the judge/magistrate or other side say.

 

Thanks.

[dx100uk]

magistrate?

[eoghan]

Hi, Hearing confirmed for this Tuesday, please see the attached. Not sure what I'm doing here to be honest. I'm at the end of rope.

 

 

Scan 26 Jun 2021_Reduced.pdf

[eoghan]

@dx100uk Anything you need to add to this thread, got the call with the judge tomorrow.

 

Thanks.

[dx100uk]

On 29/05/2021 at 14:52, eoghan said:

Cheers, just wanted to make sure before I hit the send button.

 

I'm assuming i this 'meeting' I'll just be reiterating my stance "the claimant has to date failed to provide any meaningful evidence to support their claim" regardless of what the judge/magistrate or other side say.

 

Thanks.

 

not sure if you were or it might have been better too, send a witness statement too, outlining your position as lowells did?

 

as to your post above, what meaningful evidence have they yet to supply... as far as i can see they have the agreement, the default notice and the notice of assignment, and they all look ok to me.

 

what is you stance regarding you don't owe this with regard to the above quoted post.....i see theres an IRL complaint that the OP refused, did this move to the FOS as advised? but that's not anything to do with the claimant and this claim as such...

[eoghan]

Well based on that then I have no defence - I'm currently working but not earning enough to service this debt, there's a form I can use to ask the judge to keep the payments under a certain amount and means to judgement or CCJ on my record - is that right?

 

[dx100uk]

well it's not a full hearing so you can't 'lose' , just gets a full hearing date set, whereby lowells might try and strike your defence out etc as they have threatened.

 

so where do you stand on the defence you filed that you don't owe this money, be it for whatever reason? how's the FOS complaint going? might be an idea to try and wrap that up, as if they decide it was subject to irresponsible lending, then the sum lowell is after is in dispute..

 

did you forward the complaint to the FOS as advised and what was their reply?

[eoghan]

my defence is in post 14

 

FOS felt that there was complaint to enforce and so knocked that back and saw no irresponsible lending, they felt the bank had carried the required checks.

[dx100uk]

well see where it goes, nothing will be adjudged at this hearing.

 

IMHO it might pay you to get a consent order agreed latter on?

 

 

 

[eoghan]

Yeah that's what I'm thinking, I am almost certain I've had to do one of these previously but for the life of me cannot find it. Is there a basic template on here you can direct me to? Or is it worth even at this late stage that they write off the debt?

 

[dx100uk]

just click your username .....all your threads are there. see all activity/under TOPIC

 

but i'd not go putting your neck in the noose yet keep that up your sleeve, 

 

 

[eoghan]

Draft: Putting it her for reference if I need to use it. And this would go directly to Overdales or direct to Lowell? I'm thinking that as they have been able to gather all of their evidence it might be worth sending this anyway. My concern is the amount we can afford to pay.

 

To Whom It May Concern,

 

I am writing on behalf of the defendant XXX in relation to the claim reference above. She has asked me to write on her behalf asking if there is a way to settle this matter outside of court in order to avoid a CCJ, perhaps a Tomlin Order might be the way forward.

 

Without admission of any liability she would like to make an offer to start a repayment plan that is affordable and manageable.

 

Perhaps, if there was a significant reduction in the amount the settlement could occur in a lump sum.

 

Given the timing we would welcome a quick reply.

 

Kind Regards.