Just popping by to say I have my mediation appointment today! Will let you know how it goes.

Thank you Andy, have read through, and have a better understanding now, just be yourself and present it as you see it! Will keep you posted.

Okay thank you, I have been scouting around on here since posting, but can't find anyone so far who's been through mediation. I shall continue though, I'm sure there must be some somewhere. If we did go to court, and in the unlikely event the judge agrees with me and says on the balance of probabilities (yes I know unlikely) there should have been no debt for Lowell's to buy in the first place, that should mean, I am owed the penalty charges, plus compound interest?

Hi all I have a telephone appointment on the 22nd September for mediation, and in the likely event an agreement cannot be reached, a court date in November. I imagine most will be familiar with the procedure, but I am not, from what I can gather, an independant mediator calls each party, gets their side of the case, then calls the other. I could really do with some help with what to say. In my case, my arguement is Shortly after I became Ill, in 2008, I remembered that I may have had sickness cover on my credit cards and a loan I had at the time. I had no idea how to find any information on how to claim, without searching through mountains of paperwork in the loft. Doing my research, I discovered that it had recently become the law for a creditor to be obliged to provide the debtor with a copy of credit agreement, if requested. This seemed like a good place to start. I did this several times over the coming months, first with Cap one, then the various debt collection agencies who had the account after, (I think I had probably found CAG by now) I never received the requested agreement. So, eventually I though, take me to court then, and I'll plead that, had cap one fulfilled their obligation and gave me a copy of the CCA, A) I might have found out about the insurance and made a claim, thus there being no debt for Lowell to have bought and then subsequently take me to court nearly 6 years later. Or B) found out there was no insurance cover. Incidentally, after Lowell issued the court claim, I had no option but to seek out the paperwork, and I did indeed have insurance, which is clearly shown on the statements I have managed to find. I met the criteria and successfully claimed on an HSBC loan without problem, so I have no doubt in my mind that any claim on the credit cards would have been successful. Since finding the statements, I discovered that there are over £400 worth of charges applied to the Cap one account. The last balance I have when still with Cap One is £1,300, I think the court claim was for round £1,800, is that something I can question with the mediator? Can I question the over limit, late payment charges on the account too. Any suggestions, legal jargon, quotes from the consumer credit act etc that I can memorise over the next few weeks would be such a help. Thank you in advance for any help you could give Maddie

Hi all I have been looking around the site with a view to attempting to reclaim excessive charges from Birmingham Midshires, I just wondered if there was anything new, I should be aware of. Most threads are pretty old, I'm obviously a bit behind the times! Fee's charged equate to £2,000 which would bring my mortgage arrears down nicely. I'm sure we've had our mortgage longer than the 6 years statement of charges they sent me. Would I be right in thinking, we could claim up to 12 years? It may be the case that we remortgaged 6 years ago, is it possible to reclaim on the original one too? Any answers would be really appreciated, Maddie

I really don't know what to say, I know I wouldn't be paying the bill until I was convinced they had tried all they could to save him. Maybe someone else could advise a way forward with this. So basically they did nothing to try and save him, didn't even send the bloods off! Just left him alone throughout the night to die! I would not be happy if this was my pet, something is not ringing right here.

No further developments.........Yet!

No further developments.......So far

You are being very fair to the vetinary practice by paying a token payment whilst awaiting requested documents. I know it's hard but mum really should not be worrying about Debt collectors, just make sure you are covered by having a paper trail. Write and send by signed for post I do see your point about them refusing the payment of £400 on the day, but I suppose they hadn't completed the treatment and had the invoice ready at that time, it's not necessarily so they could charge you interest, they couldn't have known ( nor your mum obviously) that the money might not be available at a later date. I wouldn't press them, you've asked for paperwork, which I imagine is a perfectly acceptable request, you have a right to know what treatment was given and the exact circumstances surrounding the pets death. The ball is in their court now, but I would remind them from time to time, that you are still awaiting the requested information, but in the meantime you/mum will continue to make the token payment of £1 per month. You should also remind them that mum has a mental illness, and is still grieving for the sudden death of her pet, and you request that the matter is not passed on to a 3 rd party for collection, as this may have a detrimental effect in her health. Information required Cost of initial emergency consultation What tests were carried out, and the results. What medication was given and cost Cause of death Cost of overnight stay, was it intensive care or normal (I/C is about £40 per night, normal is about £15) When was pet found This is all information any self respecting vet would want you to know, you shouldn't have to beg for it. Tell mum not to worry, nothing bad will happen X

I requested information regarding an attack on my son many years after the incident. They did take a while to locate the file from the police archives but it is possible. Is OP friend able to deal with what she reads, it's not pleasant

Thanks for the update, I have wondered about you over the last few days. No news is good news!

Very interesting read, I would definitely be asking more questions surrounding pets death! http://www.parrot-and-conure-world.com/taking-bird-for-a-blood-testchemistry-profile.html

Oh dear, your poor mum must have no faith in vets whatsoever now. I don't understand why pet was not put straight on drip, bloods taken and tested and treated accordingly, surely that's what happens in all emergency vet care at the very least! Maybe you could let us know what exactly it is you want from the vet, you say you don't think they are to blame for the death (I would think differently to be honest) Keep us posted

I can't help much, except to say loved pet does have a name, so should be referred to as such, regardless of gender! Maybe you could take over the correspondence for mum, it's very raw for her still, and this is not allowing her to grieve. A couple of questions: Did vet put pet on drip immedietely Were there any perches in the cage at the vet. What was the initial diagnosis Was the diagnosis confirmed with test results What tests were carried out, and how long did it take for the results to come back. What treatment was given What was the official cause of death Does vet still have him I wouldn't worry too much about a payment plan, but I would send one final e-mail to them informing them that you need copies of all the official documentation they have on this unfortunate incident. Notes, tests carried out and results, official cause of death, and anything else they have relating to this pet. Tell them you will be in touch regarding payment once you have had time to go through the information. Ask them to keep hold of the little fella until this is resolved. I think you both just need to see everything to reasure you that everything was done to save him, the decisions you made were correct, and the vet was not negligent in any way. I think then, you will accept losing him. As I said before, them agreeing to a payment plan is not important, but if mum is worried, set up a standing order and pay them a minimal weekly/monthly payment, they will then have no reason to involve debt collectors or courts as a regular payment is being made! These are the things I would ask if I was in this situation. Feel for you, lost my beloved cat last year, but I at least did have the confidence in my vet to know everything was done that could have been.

Sent to BW and court today recorded delivery. Thanks to everyone, struggled with this one!

Fab, thanks Andy

Is this okay? Defence 1) The Defendant accepts having had Credit facilities with Capital One PLC in the past. It is not admitted that the amount claimed is outstanding. 2) It is not acknowledged that the agreement was assigned to the claimant nor any admittance of the balance claimed. It is denied that I was ever served a Notice of Assignment. 3) It is denied that the claimant can add sec 69 interest to the amount claimed as per the County Courts Act 1984. I understand that this is awarded at the courts discretion and therefore invalidates the amount claimed, and is not a true reflection of any alleged indebtedness. 4) On receipt of the claim, the Defendant immediately requested copies of any documents or information that would support the claim. The request was made by CPR 31.14 and Section 78 request. The Claimant has ignored these requests and subsequent e-mails. I understand that until their compliance the Claimant is unable to request any relief or enforce any agreement. 5) Until such time the Claimant complies I the Defendant deny any liability to the Claimant and puts the claimant to strict proof to : (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 6) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7) By reason of the facts and matters set out above, it is denied that the Claimant is entitled to any relief at all.

Just a quickie before I finalise and post off Should I be asking for the court to order the claimant to provide the requested documents? I am supposed to be submitting my full defence by order of the court, is the bare bones enough?

Brilliant, thank you both very much, will get it posted off today.

Oh back in the day when I sent off the first CCA request to Cap One it was an offence to do anything with the account whilst it was in dispute, that's the bit I wasn't sure of, I know that's not the case now, but didn't know if the new legislation superseded it. I sent a CCA request to Lowell's on 03/01/2014, I'm sure I don't need to send another do I?

Sorry I meant mitigation I'm just in the process of writing to Cap 1, they are after all the baddies, they sold the debt to Lowells when they shouldn't have. This brings me to my next question, I have been looking at all the legislation, but it seems to have changed. My CCA request was made in Oct 2008 to Bryan Carter. A letter from him dated Jan 2009 tells me the account has been returned back to Cap 1 In Oct 2009 Cap 1 tell me its been assigned to Lowell. Question I have been reading that it is no longer an offence for a creditor not to comply, does that supersede all previous legislation, or does the pre 2007 rules still apply to my case. I know you will probably say, why bother with Cap 1, my main reason is to find out when the last payment was made, just in case it is SB, so whilst I'm at it, I want to ask them why they sold it whilst in default just for the hell of it!

Oh does that come a bit later then? Didn't realise, I thought you had to get it all in the defence. So for the moment, I just go with the legal stuff, i.e. non compliance from 2008, and agin more recently with Lowell ignoring all requests for information?

I'll just go with the basic non compliance of the CCA then, and hope for the best, can't cope with the stress to be honest.

I'll just go with the basic non compliance if the CCA then and hope for the best, can't cope with the stress to be honest.

Sorry everybody, I know I'm being a pain, but is the above enough, plus my few extra bits for a defence???