Lowell claim form - old very cat debt ***Claim Discontinued***

[Mdot43]

we have agreed to mediation and have received a text yesterday saying to expect a call tomorrow.

 

Lowells also sent a letter asking to settle for £450 which we haven't responded to, they state that very destroyed the device after we didn't remove it from the 'find my phone' app.

 

We did not have any record of the device being on the app this end as the reason it was returned was because it was faulty.

 

They say because of this Very did not accept the return. 

 

Any tips on tackling the call tomorrow or just stick to our guns that we aren't paying for a device we don't have. 

[dx100uk]

the lowell letter is a std one, have you not been reading up in the downtime?

they not provided any paperwork like signed agreement. default notice etc that you requested??

 

you do not HAVE to mediate.

you have no paperwork so cant make informed decision

 

refuse on the phone

 

 

 

[Mdot43]

Hi,

 

thank you for the reply, yes I did a lot of the reading and was aware it was a standard response by them so we didn't respond, I just thought I'd mention it for completion and future people who go through the same process.

 

They still haven't supplied the paperwork I requested originally, so no signed agreement or default notice received.  I will tell the mediator that when they call. We have now also passed the 120 days statutory compliance time limit (on 151 now since I sent the letter) so I will mention that also. 

[dx100uk]

what statutory compliance 120 days?

 

simply tell the mediator the claimant has failed to provide you enough information to meaningfully enter any mediation process.

 

 

[The GodMother]

How did Very destroy the item is there any proof of this destruction. 
Can Apple provide any confirmation of its destruction. 
Just a thought but have you tried contacting apple for All data re you including the watch 

 

[Mdot43]

Update - so we received a court letter stating we needed to produce witness statements by 4pm Tomorrow. 

 

Just checked my email to get some documents to include and there was an emailed notice of discontinuance! 

 

WE WON!!!!!!!!!!! 

 

Thank you everyone for your help off to donate but thought I would update as I've done so much reading on here and hate not knowing how they work out. 

 

 

[The GodMother]

Nice one and well done. I would check with courts that it is really disxontinued as would not put it past lowell to lie. 

[Mdot43]

Funnily enough we just tried to call to confirm but the offices are closed, I will check tomorrow but we do have it in writing and they attached a copy of the court form too. 

[The GodMother]

They close at 4 l think but as l said l.would not put it past lowells. 

[AndyOrch]

 As expected...topic title updated but as advised check with the court to see if they have been informed ...if not you may still have to submit a statement and evidence just to be on the safe side.

 

Andy

[dx100uk]

well done!!

 

thanks for the donation ...

[The GodMother]

Did u contact the courts.

[Mdot43]

Yes, we called the court and they said the discontinuation had been filed and the matter closed. Again thank you for everyones help!!

[The GodMother]

Thats good. Congrats again 

[AndyOrch]

[The GodMother]

@AndyorchJust a question it is related to this but more general as well. 

 

Could Mdot or any other defendant ask the courts to award costs against the discontinuing party once it has got to this stage. 

 

Mdot has incurred research time costs as well as other time costs like paperwork etc. 

[AndyOrch]

Afraid not GM as this is Small Claims Track and CPR 38.6 is not applicable.