Lowell/Overdale Claim Form - old PayPal Credit Account

[Thewilf]

Hey all,

Came back from being away for work and questionnaire has arrived so need to get it sent tomorrow as is due by the 19th (assume special delivery guaranteed Monday will by 9am will be ok for the copy to Overdales and Court?

Quick question,

I know I am declining mediation etc…

however when it says about suitability for determination without a hearing what do I put when I tick no?

You said don’t reveal my defence of void DN and jurisdiction but what do I then put for reason for hearing,

do I just say as I now have information from the requests I have additional defence or do I just write it on there at this point?

I was thinking something along lines of “Further information for defence has been received from the outstanding CPR31.14 s77 request that was not available when defence was submitted.

This evidence voids the claim” this way I am saying I have more info without saying what, or do I put void dn and jurisdiction in there. Just worried as side bar says provide reason and then says about factual disputes.

Thanks

Will

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

[Thewilf]

All sent off last week, would have been with overdales and court by 19th at 1300 which is good as that was deadline.

Had letter from overdales saying they have got it and seen I have agreed to mediation, please complete Income and Expenditure form which based on what I have read I now ignore.

When it comes to mediation have read threads and seems to be handled in different ways.

Some people have gone to call and declined to work with them politely unless they agree to write it off (how do I do this without revealing defence? Or given mediation is not to be used in the hearing and needs to be treated separately can I reveal the void DN and jurisdiction to them now?).

This would either cause them to back down or push to hearing at which point I have my void DN and out of jurisdiction points in defence so can’t be perused if I am correct.

Any advice on this one appreciated.

Thanks

Will

[dx100uk]

you dont ever play your cards at mediation.

those points are only for use at WS stage if they dont discontinue before hand...

dx

 

[Thewilf]

Fair enough, will go to mediation saying that I will be prepared to accept it being written off only lol. Seems like will be a short conversation haha! Not sure what else I say to them lol.

[dx100uk]

if you've not enough information to make an informed decision refuse mediation when they call.

you dont have to do it and it matters not to the claim at all

dx

[Thewilf]

I suppose what do I say, they responded to all my requests which I uploaded.

Natural question they are going to ask is what more information do you need?

or do I just say I don’t think you claim is valid so I will only accept it being dropped?

[dx100uk]

they ask the same N180 questions, you don't have to validate your reasons, mediation is not by a judge.

dx

[Thewilf]

Hi All,

Just an update, came off mediation now, they asked me why I dispute etc… just said not liable for the debt due to the advice I have been given. They had asked for full amount in instalments.

As a gesture of good will, not admitting liability, and to save it going on (and to seem like I was cooperating) offered a nominal sum knowing they wouldn’t accept for settlement including removal of DN from file. They declined so now waiting for court date or discontinuation.

Thanks

Will

[AndyOrch]

4 minutes ago, Thewilf said:

they asked me why I dispute etc

You should of replied why do you think I owe it ? 

[dx100uk]

what happened?

dx

 

[Thewilf]

Hey,

still heard nothing ,

had the mediation and since then they have written saying sorry couldn’t reach an agreement.

Please fill out this Income and Expenditure form for us so we can start monthly payments which I ignored.

Just waiting for the discontinue letter hahaha!

The mediator did say with backlog would receive a court date till December probably so guess they may be waiting till last minute.