Lowell/Overdales - PAPLOC Now Claimform - 2x Old Shop Direct Isme/Very Cat debts

[dx100uk]

well its not for you to decide, but the judge if/when its pointed out in your witness statement

IF IF IF the claim ever gets that far..............

 

just get the N180's off.

 

your local court is not the 2nd option, its the only one, but via a telephone hearing..as you said the fleecers requested one and you agree?

 

 

[finaldj]

No I haven't agreed to anything yet I am just about to start filling the N180 form out so I am looking at -

 

1) small claim mediation (yes)

 

2) small claims track (yes)

 

3) it asks which CC hearing do you want this to take place - they have put telephone hearing which the claimant will endeavour to arrange

I am assuming I would be filling this in saying I agree to a telephone hearing? if not what would I put in place?

 

 

[AndyOrch]

Quote

I am assuming I would be filling this in saying I agree to a telephone hearing?

 

Yes if you are also happy....if not state local county court with name. The court may decide it will be a telephone hearing irrespective due to back log workload so the decision is then made for you.

 

 

 

.

[dx100uk]

dont give the fleecers your email/sig/phone on their copy of the N180.

do NOT use email to send them/court

 

royal mail only

 

dx

 

[finaldj]

I haven't got copies of the default notices yet for both accounts from the original creditor by which Overdales wrote to me on the 3rd February to say they were asking for them.

 

In this instance do I still agree to mediation or refuse because all the paper work isn't here? form has to be in by the 14th March so need to get it posted by Friday at the latest

[dx100uk]

On 06/02/2022 at 01:30, dx100uk said:

you dont talk to them during mediation..the mediator does

 

if they have not sent you enough information to make an informed decision to even enter mediation then you'll be saying no to the mediation service when they call. till then you agree to mediation on the N180 IF one comes from the court.

 

there is ZERO requirement for a claimant to supply any documentation until the disclosures stage much later in the claim IF it ever goes that far.

should they fail then, you'll obviously win. and even if they do, who says its enforceable!  

 

i really do wish you'd bother to read at least your own thread to date before posting sometimes...

 

dx

 

[finaldj]

I did the bit where you told me to decline mediation if I don't have all the documents when the call takes place which I assume will be sometime as need to arrange a date I can make this happen around me shifts.

[dx100uk]

what bit did you do? 

you agree to mediation on the n180

you continue to do so right until the very day the actual telephone mediation call takes place.

 

when it does, the same n180 question is asked...

have you enough information etc etc.

. it's THEN when, if you have not received something that is important to your decision, like say no DN's comes into play...

so you then refuse mediation by saying no, ....i do not have enough information to make an informed decision to enter into mediation.

 

the idea is you are seen to enter into 'the spirit' of mediation by giving the claimant as much time as possible to give you what is needed....

that will bode well for you later on.

 

 

[finaldj]

Further update,

 

The Mediation company have set a date for 27th April. However overdales haven't sent me copies of the original default notice from the original lenders as they said they would in a letter I got from them sometime ago.

 

There is also the 2 credit agreements they sent me one is right the other is blank so as per your advice in the past posts I will be emailing the mediation company with the provided address they gave me to let them know that Overdales haven't sent the required paperwork for mediation to take place.

 

If it goes as far as a court case and a date is set. Is it possible to change the date around my work e.g days off?

[dx100uk]

i would wait until the day of the actual call as it says above.

[finaldj]

I'll need to set another date with them then as I can't make the 27th anyway. They called me today asking to call them or email them to confirm the date or not. I'll email them and give them some dates I am available

[dx100uk]

[finaldj]

Just wondering I've emailed the mediation service with some dates I can do but then got an automatic reply back saying date changes need to be called through so will need to do that next week.

Having read through the letter they sent.

 

one of the 3 questions asks me - 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

 

Well this isn't true there are documents still missing and some not correct. While you say take the call and say on the day mediation won't work for ABC reasons the application is asking me this information before we start mediation.

I would effectively be telling porkies saying I do when I don't?

 

 

[dx100uk]

On 10/03/2022 at 00:07, dx100uk said:

the idea is you are seen to enter into 'the spirit' of mediation by giving the claimant as much time as possible to give you what is needed....

that will bode well for you later on.

 

 

 

already answered.

 

dx

[finaldj]

I'll call the mediation service on Friday and let them know I don't have all the paper work required for the service to take place. It's upto the DCA then to entertain court of they want

[dx100uk]

I would await the actual mediation call 

Then 

On 10/03/2022 at 00:07, dx100uk said:

what bit did you do? 

you agree to mediation on the n180

you continue to do so right until the very day the actual telephone mediation call takes place.

 

when it does, the same n180 question is asked...

have you enough information etc etc.

. it's THEN when, if you have not received something that is important to your decision, like say no DN's comes into play...

so you then refuse mediation by saying no, ....i do not have enough information to make an informed decision to enter into mediation.

 

the idea is you are seen to enter into 'the spirit' of mediation by giving the claimant as much time as possible to give you what is needed....

that will bode well for you later on.

 

 

 

Re Read your thread, ......

 

again this question has already been answered.....like the last one 

 

Dx

[finaldj]

DX,

 

They left me a voicemail last week asking me if I want the 27th April call to go ahead as spaces are limited and to call if I need a new date. They went on further to say that there are 3 questions on the form they sent me and if I can't answer yes to all 3 then mediation can't take place.

 

I had missed the 3 questions on the form the first time having got back home and looked at the forms again. question 2 as stated already - 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

 

I would effectively be lying to the mediation service agreeing for it to take place based on the question they asked me about having all the information when signing the form and agreeing for talks to take place.

 

I don't have all the information, there are parts missing they haven't sent me, what do I do if I sign the form agree I have them then on the day say actually I don't have all the information so it can't take place. all I have done is mess the service about that other people could have used it might make me look bad then?

[dx100uk]

12 hours ago, dx100uk said:

the idea is you are seen to enter into 'the spirit' of mediation by giving the claimant as much time as possible to give you what is needed....

that will bode well for you later on.

missed the three questions... you come here asking questions and help

but everytime, somewhere along the road, you just dont read things and make schoolboy error after schoolboy error, and that leads to your continued misunderstanding of situations.

 

we on CAG take the time and trouble to help people.

we expect that time and trouble to atleast be reciprocated by reading the free non paid advice we at CAG give.

 

you are not lying to the mediation service, you are as the quote above.

 

dx

 

[finaldj]

I'm not perfect, I have read links in the posts you've replied to over and over again and I'll be honest I find some of it complex.

 

I've always appreciated the advice you give and wouldn't have gone it alone myself in dealing with DCA's hadn't it been for the advice on here.

 

I've managed it well upto the point of the whole court process which is where I have struggled. I've got some of it right so far it's the mediation bit I've struggled with.

 

For you this stuff is probably easier now you've answered so many people this is my first time I've no doubt should I end up down this route again in the near future It will be easier to do.

 

I've called the Mediation service today as they don't accept date changes via emails.

 

The Lady was pretty nice on the phone, I explained about the dates, I mentioned about question 2 refering to the CCA request and lack of information and would this cause issue as this has been my defence throughout the case leading upto you. I mentioned about the default notices that they were getting from the original creditor and haven't heard anything from them for at least 3/4 months and that despite contacting them 4 times one of the contracts they sent still remains blank, no signiture, no APR ratings and no credit limit and no mention of what that T&C relates to.

 

I said that if a new date was set for say a few weeks time, Overdales are no longer contacting me now would it make a difference as I can't answer yes to question 2. She said well the whole point would be to have this information at hand and given that this could have taken place next week it's unlikley then that anything will change. She said in this instance it would be best to refer the matter back to the court rather than set a new date.

 

She said it would be upto the courts what to do next interms of what information you both currently have.

 

Lets see what happens next.

 

How long does this usually take for the courts to get involved? would it be upto Overdales at this stage now to take the next steps?

[finaldj]

Just to update this further.

 

Since it was past back to the courts in early April because mediation didn't go ahead. I've heard nothing since then from Overdales or the courts till I checked my junk folder and they sent me an email 2 weeks ago about reducing the debt or may take court action if they hear nothing back

 

Is there a time frame they have to abide by or will it stay in limbo from now on till they decide to take it to court?

[dx100uk]

what is the status of the claim on MCOL?

 

looks like its now stayed and it will cost them £275 to lift the stay.

 

dx

 

[finaldj]

Says this on the MCOL page

 

A claim was issued against you on 31/12/2021

Your acknowledgment of service was submitted on 09/01/2022 at 23:22:28

Your acknowledgment of service was received on 10/01/2022 at 08:05:12

Your defence was received on 28/01/2022

DQ sent to you on 24/02/2022

DQ filed by claimant on 24/02/2022

You filed a DQ on 04/04/2022

Your claim was transferred to LEEDS on 29/04/2022

 

Does this mean it's just waiting for a hearing date then? I know there can be a backlog.

[dx100uk]

Probably yes 

 

Dx

[AndyOrch]

Quote

DQ sent to you on 24/02/2022

DQ filed by claimant on 24/02/2022

You filed a DQ on 04/04/2022

 

Why did you file your DQ seven weeks after receipt ? 

[finaldj]

There was a delay in me getting notification from the courts I sent it within the time frame recorded though.