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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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micheybabes

Lowell Claimform - two old old cat Debts

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as with most Lowell claimform cat debt threads here too...

 

 


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After reading through some threads even though I still haven't received the documents I requested back in August I still agree to go ahead with mediation and tell them this during the phonecall?

 

I'm starting a brand new job on Tuesday so will have to try and get time off for the appointment, the mediation could only offer me a Friday. 

 

I've got myself so worked up about this, I just want it over with now. 

 

Thank you again for all your advice I really do appreciate it 

 

Michelle 

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Aww best of luck hun, hope all goes well for you. I’m just beginning my journey with lowlife 😳.  

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have you not also read that...………..

 

if when it comes time for the actual mediation

they ask the same questions as on the N180 again

and if you've not received enough information to make a informed decision ...you say no??

 

hope you sent a N180 copy to Lowell sols too? 


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Oh so if micheybabes hasn’t received any paperwork she can refuse mediation? Excuse my ignorance but trying to understand the whole procedure dx

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then get reading up….

 

how can anyone mediate [negotiate a settlement - if they want too] when the claimant or their dogs have not sent anything giving any information relating to why they have raised the speculative court claim??


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Absolutely! Common sense really (which I sometimes lack)😬. Have been reading up, really interesting btw. So much legal jargon but I’m gonna get my head round it. Thanks dx

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20 hours ago, dx100uk said:

have you not also read that...………..

 

if when it comes time for the actual mediation

they ask the same questions as on the N180 again

and if you've not received enough information to make a informed decision ...you say no??

 

hope you sent a N180 copy to Lowell sols too? 

 

Yep I sent a copy to them also. Just seems strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂

Will arrange a date ASAP! 

 

Thank you again

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So much to think about 😳

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Entering into the spirit of mediation means giving them time too..

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In the very first claim thread it mentions contacting the claimant is encouraged by the court etc.

 

I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴

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god no

that's the last thing you need to do at this stage.

 

they haven't even played their cards yet.

 

a dentist is far far worse than poss having to sit around a court table with a few people.

 

 


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OK thanks dx, just had a panic!!!!! 

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Mediation booked for Fri 6th Dec 😱 

Still not received any copies of cpr and cca from Lowell 🙄

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Nothing unusual there for a DCA

atleast you now k now what to say

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hello!! 

Am I right in thinking that if I've still not received any paperwork by the time mediation is set for next Fri that mediation will most probably fail? Or is it possible that paperwork could be emailed by Lowell during the appointment? 

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already answered post 58.

 

and no they can't, it's YOU that makes the decision of no to the mediation team, and I sincerely hope you've not given your email to lowells

 

dx

 


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

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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God no I haven't. Was just reading through some similar threads. 

Thank you 😊

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So a quick update.... 

Just finished mediation. Miraculously Lowells received 'some paperwork' from OC a few days ago but have not had chance to send it out. Was told total figures, last payment dated etc. I said I was unable to make an informed decision today based on that information so mediation failed. Lowells were happy to enter into a payment plan etc. 

Back to waiting from the courts as to the next step. 

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Thank you for the update. Was the mediation thing just done by way of a phone call?

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Well it will be

thats why its called the telephone mediation service!!

what a silly question!!


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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