From their email: You may be aware that the parties are to file agreed directions to the Court by 01 December 2021. We will be in contact nearer this time so that we can agree these directions with XXXX. Needless to say, the directions we will propose will largely hinder on whether you have received an outcome from your complaint, which is why we would be grateful for continued updates throughout the lifecycle of the complaint. Thank you for your continued cooperation.

Fair enough then.

The court has delayed the hearing until 1st December by which time I and Hoist need to file our Directions. I have submitted an appeal to the FOS for Irresponsible Lending Complaint in the meantime. I have also appointed a 3rd party friend to act as my intermediary as I am unable to cope with this any more and my mental health has gone out the window. They have sent an email to my friend asking him to keep them appraised of the what the FOS are asking from me and or saying about the case. Am I obliged to tell them? I have also asked them to cancel the debt due to my mental health using a letter from StepChange and they have rejected it on the basis that I currently have CC with a £300 balance and overdraft facility of £500 so as far as they are concerned they will proceed to court date. Any advice around that? Thanks.

Update from the Ombudsman. 118118FinancialOmbudsmanDecision_Redacted.pdf

Ok great. Thanks.

Hi I have my telephone appointment today with Hoist and the Court at 12.30, I have just received a pack from them that contains in their words... "Reconstituted version of the regulated credit agreement, sufficient for the purpose of s78 Consumer Credit Act1974 and the Notice of Assignment from Hoist telling me they had instructed Robinson Way to collect on their behalf, but nothing from Barclays to say that the account had been sold/transferred to Hoist. It's just the Ts&Cs, there's nothing in there with my name on it, no amount borrowed etc, I'm safe to say that the Claimant has still failed provide adequate evidence to support their claim?

Had the call with the Judge and the other side. Didn't go well. Judge is happy for the directions to be heard at a trial and will be making the order as such. He basically advised me based on the pack and witness statement from Lowells that I should seriously consider trying to enter a payment term before going to trial as if I lose then it'll be a CCJ etc etc. So I think based on that I should ask for a Tomlin Order as per my above post. Any thoughts?

Draft: Putting it her for reference if I need to use it. And this would go directly to Overdales or direct to Lowell? I'm thinking that as they have been able to gather all of their evidence it might be worth sending this anyway. My concern is the amount we can afford to pay. To Whom It May Concern, I am writing on behalf of the defendant XXX in relation to the claim reference above. She has asked me to write on her behalf asking if there is a way to settle this matter outside of court in order to avoid a CCJ, perhaps a Tomlin Order might be the way forward. Without admission of any liability she would like to make an offer to start a repayment plan that is affordable and manageable. Perhaps, if there was a significant reduction in the amount the settlement could occur in a lump sum. Given the timing we would welcome a quick reply. Kind Regards.

Yeah that's what I'm thinking, I am almost certain I've had to do one of these previously but for the life of me cannot find it. Is there a basic template on here you can direct me to? Or is it worth even at this late stage that they write off the debt?

my defence is in post 14 FOS felt that there was complaint to enforce and so knocked that back and saw no irresponsible lending, they felt the bank had carried the required checks.

Well based on that then I have no defence - I'm currently working but not earning enough to service this debt, there's a form I can use to ask the judge to keep the payments under a certain amount and means to judgement or CCJ on my record - is that right?

@dx100uk Anything you need to add to this thread, got the call with the judge tomorrow. Thanks.

Hi, Hearing confirmed for this Tuesday, please see the attached. Not sure what I'm doing here to be honest. I'm at the end of rope. Scan 26 Jun 2021_Reduced.pdf

Cheers, just wanted to make sure before I hit the send button. I'm assuming i this 'meeting' I'll just be reiterating my stance "the claimant has to date failed to provide any meaningful evidence to support their claim" regardless of what the judge/magistrate or other side say. Thanks.

Just noticed I received this, missed it in my inbox... n158 2.pdf

Hey all, Received from solicitors, how to proceed? Getting worried as I have this conciliatory phone call hanging over me now. Barclaycard_HowardCohen_Redacted.pdf

As per the order. my email is ###### and my direct line is ######. Just that?

Sending: As per the order. However, the claimant has still not furnished me with enough information to have any meaningful conciliatory meeting and am therefore somewhat prejudiced by this. Notwithstanding however, my email is ###### and my direct line is ######. Kind regards.

Yes I saw that, but what's the approach with this? I'm not sure how to respond and what would happen during the appointment, what do I say or not say for example. Just to also add, I would have thought there would be no conciliation meeting as they have still not furnished me with enough information to make a decision or enter meaningful negotiations . Right?

Just received from Bournemouth County Court N158.pdf

Received via email today: Your appointment details Claim number: #######; Parties: LOWELL PORTFOLIO I LTD v a name Appointment date: 23/04/2021; Appointment time slot: 13:30 and 16:30; Your confidential telephone mediation appointment has been booked for the above date and time slot. If you need to cancel your appointment please let us know, this lets us offer your time slot to someone else. You will be called within this time slot and your appointment will last for a maximum of one hour. Reply by email to scmreferrals@justice.gov.uk confirming: your full name email address telephone number for the mediator to call you on Important mediation requirements Please read the following statements - mediation is only available if you can answer yes to all 3: I am willing to negotiate on the amount of the claim and I will consider a compromise. 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’m available for the entire time slot on the date of my appointment. If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: scmreferrals@justice.gov.uk How to respond? I think point 2 is where I send back something like: The claimant has to date failed to provide me with enough information to enter into any meaningful mediation negotiations, I also in my initial response told the court that I would be unavailable to attend and mediation until after 6th July 2021 so am unsure why an appointment has been set for the 23rd April.

Local court rang today to ask if I was available for a 30 minute telephone hearing, I said as per my court doc that I was unavailable until the 6th July. So I guess this is going to a hearing then.

Well whaddya know. This letter isn't exactly informing me of a change of solicitors either. So Lowells should have filled a notice to cease and then the new boys under N434. Interesting. Does this then invalidate their claim?

Does this work, had to do some serious compression. 118118merged (1).pdf

Reply back: Thank you for your email. Please note that this claim has been transferred to a local court to proceed and a notice of transfer has been sent by post. Once the case has been reviewed the court will notify you in writing of any further action that is required. If you require any further information about mediation please contact us at the below details, if you require any information about any other aspect of the case please contact the local court. You can use the below link to find the contact details https://courttribunalfinder.service.gov.uk/search/address