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Lowell claimform - 2xCap1 card debts


sewingkit
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CPR requests are a civil request...parties are not compelled to comply as disclosure follows later in to the process.However its part of the Pre Action Protocol were parties are are encouraged to mediate before hearing dates to simplify any claim and assist each other to narrow the differences and disclose what documents they will rely on.

 

As most claims are made by DCAs and they cant get the documents in time.....most never comply and use the time scrambling around to either retrieve the documents from the original creditors..or  some even copy and paste and try to recreate them to fit their claim.

 

So if they fail to comply with PAP and fail to comply with CPR 31.14...its a good bet that by time allocation comes around (were they will have to disclose the documents) they simply discontinue the claim.....and all because you had the nerve to defend their claim and never actually expected they would have to disclose the actual documents.:cool:

 

You couldn't make it up could you .

 

Andy

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  • 4 weeks later...

I have had a Notice of proposed allocation to the small claims court/mediation dated 22/03, reply by 8th Apr

 

1. Defended claim 

2. suitable for Small claims, etc

3. fill in N180

 

A1 - Asking for mediation, yes/no

 

I assume this is for me to fill in as I am the defendent, yes? Sorry if silly question

 

I thought i filled in my defence online? is this a different form?

 

I am still getting the runaround from lowell about documents, we're still looking for them., etc. hand 2 letters from them

 

TIA

Edited by sewingkit
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with the greatest respect

between the differing stages you should be self helping by reading like claimform threads

as to what comes or might be next in the whole process...

 

 

1 wit you

yes to mediation

the rest is onv...

 

there is no need to inc sig/phone/email

on the copy to lowell sols

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sig/phone/email

 

dx

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi everyone, I’ve just had a text message re: my mediation appt for Friday afternoon, I’ve searched my email and found the original in my spam! 🤨 A Bit shocked and stressed. I was expecting a letter and for it to be a bit delayed due to COVID-19. 

 

I’m obviously a bit nervous and not sure how I do it. I’ve found this thread on here to help me understand what I have to do, read it once and will read it again after I post this.

Do I follow my defence as outlined in my original claim defence above? Some of the legalese of my defence is a bit above me, they never replied to the CPR Request and copy request etc

 

any brief pointers would be great appreciated, many thanks

 

Sorry, Just to add, the guide thread states to stick my defence strictly.

Is there anything I can put alongside the 9 points of my defence to help my conversation on the call.

More laymen terms, if you will.

Thanks

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Quote

They never replied to the CPR Request and copy request etc

 

Mediation is not a trial....no need to refer to your defence.....simply repeat the above and state the above and for that reason you are unable to participate.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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thank Andy, my heart has been going a bit faster since the message, The last few months have been very anxious and stressful and I just didn’t need that to arrive and surprise me. 

 

haha, yes, good point, It was the CCA request they didn’t reply to as well as the CPR

 

I will state at the beginning that “as they have not replied to the CPR And CCA request I am unable to participate in this mediation” and add no more to the comment. 
 

out of interest, what would happen after that?

 

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Mediation refer it back to the court and you refer to your N157 Notice of allocation which informs you of the court directions in preparation of the hearing.....you will have to draft a statement of case and attach any documents you wish to rely upon (disclosure)...the NOA informs you of the dates you must comply by.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Post your draft here for opinion before submitting.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Will do, thanks Andy

 

so, if I’m reading your reply right. I will get a N157 NOA after the mediation refers it back to the court, this will have details of what I have to do next, this draft/SoC.

 

i think then write something up to give back, the SoC?
 

thanks again

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witness statement.

 

as for mediation...simply state the claimant has not supplied me with enough information to enable me to make an informed decision.

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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41 minutes ago, sewingkit said:

Will do, thanks Andy

 

so, if I’m reading your reply right. I will get a N157 NOA after the mediation refers it back to the court, this will have details of what I have to do next, this draft/SoC.

 

i think then write something up to give back, the SoC?
 

thanks again

 

Yes if you have not already had it ?  Plenty of examples of witness statements on similar threads.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Lets hope it does not get to a hearing in court then :becky:

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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don't think we need too

as you appear to be doing a good enough job of winding yourself up about nothing already.

 

witness statement claimform card

 

use our google enhanced searchbox..as advised numerous times here already.

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

hi Everyone

 

I’ve have just received this after just being away in France, missed the first few days on the timeframe.
 

Can confirm my understanding of it with anyone as I can’t see anything about providing a witness statement as you’ve mentioned above.
 

  • They are basically asking me to agree and confirm by email by the 10th for the judge to do a decision without a hearing, yes? Due to COVID I suppose.
  • Have I definitely missed the set aside opportunity (whether I should do it or not) due to my holiday or do I get a bit of leeway here?

 

Ive not had any email from the other party yet and I only received/opened this letter yesterday Due to being away, I knew something would come whilst I was away.
 

TIA

 

N24.pdf

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pers i would object to a paper only hearing as you wish the opportunity to cross examine the claimants solicitor regarding any relevant documention as they have failed to date to supply anything. regarding your CPR and CCa requests.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hmm, yes. I guess there is a chance of a lottery with the paper hearing route, 50/50 or the judge goes with the path of least of resistance. 

 

After a bit of thought as well it seems to be the wrong way to go.

I’ve not had a chance to defend and check their docs,

they’ve not provided a response to any of my requests for documentation,

like you all said they would, no surprise ofc.

 

If I object and take it further then they will have to provide it I presume. 

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they must disclose all they intend to rely upon.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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