Lowell and court action over 3 mobile debts

[mightyroyals]

Hi

 

I had a letter from the NCCBC for a small claims case.

I responded and done everything requested. 

I then got a letter asking if both parties agree to mediation which we both did.

However today I have recieved a letter saying the case has been transferred to my local county court.

Am I now stuck with having to deal with a court case or can I request it be sent back to mediation.

I want to avoid a ccj and wanted to try and agree to a plan by mediation but going to court is going to get me a ccj and I could potentially lose my job due to the ccj.

Thanks 

[AndyOrch]

Thread moved to Financial Legal Issues Forum in view of the court claim.

 

No you cant request it be put back to mediation...you can deal with the claimant. solicitors direct and try to agree settlement by consent.

 

Tell us a bit about the debt and claim by reading the following link and then copying the Q,s and your responses back here for further advice....

 

 

Regards

 

Andy

[mightyroyals]

Hi

 

The claim has 2 debts put together for mobile phone Bill's totaling £750.

On the particulars it just says 2 accounts unpaid to claimant.

 

It shows as lowell solicitors but they dont have the claim number on there system so I am guessing it is just lowell portfolio.

 

I was hoping for mediation as I suffer from anxiety and will struggle going to a court and will probably now lose my job so they wont get any money out of me then.

 

I don't have any assets of value I rent and don't drive so there is nothing I can sell to pay this off.

 

I need to move too so a ccj will blow that out of the water too.

 

I registered on Lowell's website and lowell solicitors and neither accounts show on their websites 

[AndyOrch]

Complete the link questionnaire and then we have all the answers...then we can dissect this claim.

[mightyroyals]

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

 Claimant took out mobile phone contract and failed to pay, This claim accounts for 3 accounts.

 

What is the total value of the claim?  

 

Total Amount

£922.26

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

 

Not sure

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

 

No

 

Did you inform the claimant of your change of address?

 

N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

 

Mobile phone

 

When did you enter into the original agreement before or after April 2007 ?

 

After

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

Online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

 

Yes

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Debt purchaser lowell 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Not sure

 

Did you receive a Default Notice from the original creditor?

 

Not sure

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

 

Not sure

 

Why did you cease payments?

 

I had lost my job at the time and had not heard anything more about it until this andi had forgotten 

 

What was the date of your last payment?

 

Not sure

 

Was there a dispute with the original creditor that remains unresolved?

 

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan

 

No

[AndyOrch]

Thank you.....

 

And the date of the claim ?

 

The particulars of claim......thats everything verbatim...you have not edited or shortened it ?

 

A copy of the defence you submitted would be helpful if you require assistance in preparing your statement at the next stage of the process.

[dx100uk]

so i see you are back 

what happened here...

 

dx