Lowells/BW claim form - old Cap1 card 'debt'***Claim Struck Out***

[Old Cogger]

mediation acceptance shows you are willing to assist court in trying to stop waste of court time (if relevant) it is expected of you, asked Andy to look in for you as well!

[BazzaS]

You can be penalised (in terms of when costs are considered) if you UNREASONABLY refuse to consider mediation.

 

So your options are:

1) to decline mediation, noting that it is reasonable to not incur the costs of mediation given you have an absolute defence (if it is indeed statute barred), or

2) to accept mediation, if only to establish what issues aren't in dispute, and highlight those that are in dispute (the failure to respond to your request for information and the statute bar).

 

If you go to mediation and their "best offer" isn't acceptable : it will just proceed to trial.

If you choose not to go to mediation : send the other side (and file with the court) a letter noting that you have considered mediation but feel the costs involved aren't reasonable to be incurred as you have that absolute defence.

[AndyOrch]

Thread moved to Financial Legal Issues.

 

 

Andy

[dx100uk]

threads merged

please keep to one thread moonlandings

or it makes people that have helped you already seem useless to you.

 

 

dx

[BazzaS]

Good morning all, recently, and with great help from this forum and its members, I have been defending a county court claim filed against me at Northampton county court, the claim was over 10 years old so my defence was that it was statute barred, I filed this defence and then heard no more, I have just come home from working away, to find that on the 17th August lowells have decided to defend the claim. It looks like I have been sent a form called N149A notice of proposed allocation to small claims track.

 

The form basically is asking if I'm prepared to go to mediation or a hearing about the case, as far as I'm concerned I don't want mediation as the case is statute barred.....I have to be a bit sharpish to submit my form to the court, as they have given me until the 5th September to submit my form to the court. Any help gentlemen.

 

By the way, on the original defence I filed I also CCA'D lowells and they sent nothing, so I don't think they have any of the original paperwork relating to the case, and I asked their solicitors BIW legal for anything they had, and I got 3 yearly consecutive statements of my account.

 

Any help greatly appreciated gents

Thankyou Moonlandings

 

Just to clarify:

" the claim was over 10 years old so my defence was that it was statute barred"

Was the claim started before the statute bar date, or was it started recently after the statute bar date had passed?

(Edit: Clearer now threads merged to give background)

 

"Lowells have decided to defend the claim"

Lowells are the claimant? So, have they decided to "defend" the claim or "continue" it?

[dx100uk]

Thanks for your reply old cogger,

 

it is an old capital one credit card debt, that happened in about 2004/5

 

I first received a county court claim on the 14th July 2016

this was from Lowells using BW legal their solicitors,

 

I sent my defence back on the 14 July 2016

( my defence being that the debt was now statute barred)

 

on the 17 August 2016 Lowells and BW legal have sent me forms for mediation.

These have to be submitted to the court and a copy to BW legal by the 5th September.

 

Are you suggesting that I should accept the mediation offer??

 

no lowells have not sent that form

the court has.

 

its std practice for them to do so.

 

generally if a claim is statute barred there is little point in mediation

you have nothing to mediate about

the debt does not exist.

 

additionally, the have not returned all the required paperwork anyway.

so, mediation would fail even if you do tick yes

[moonlandings]

Hi gents thankyou for your replys' apologies dx100uk,

I was having a panic and couldn't find my original thread

so I just posted up to get some responses back,

I do of course, value all help that has been given,

without the help from people on the original thread,

I would be in trouble and unable to sort myself out.

 

Some I really do value all the answers given here..

 

We'll I'm inclined to reject the mediation offer,

I have nothing to mediate,

the debt is statute barred,

and lowells never complied with my CCA request.

 

I will return the forms to the court and forward a copy to BW legal ( lowells solicitors)

I will reject mediation on the grounds of statute barred,

lowells non compliance with my CCA request

and unnecessary costs to me to defend a debt that no longer exists.

 

I will update this thread as things progress.

 

Are there any template letters I can use in this mediation process?

Many thanks

Moonlandings

[moonlandings]

Hi all' I hope you are all enjoying the bank holiday, there is no provision on the form to say why I'm rejecting the mediation service, I will fill in the form and type my reasons on a separate piece of paper and enclose with the form and send to the court.

Moonlandings

[moonlandings]

Just to update the thread,

 

 

I responded no to mediation on the grounds that the case is statute barred,

 

 

I sent a letter to the court,

along with the completed mediation form

and a copy to lowells solicitors, BW legal.

 

 

These documents were sent on the 2nd September,

to date I have not had a reply from the court,

or the solicitors acting for lowells.

[moonlandings]

Hi gentlemen, just to update this thread,

 

 

I have received a letter from Romford county court to attend a hearing on the 23rd December,

 

 

I had already said no to the mitigation hearing, on the grounds that this debt is statute barred,

capital one have to date not responded to my requests to supply me with the contract for the credit card,

 

 

lowells have sent me about four A4 pages of supposed spending on my credit card that could suggest to a court that my debt is recent and therefore not statute barred,

 

 

I will add that these are locations and dates at shops where I used to live in wales,

they are not even proper statements,

it is as if they have looked at the old statements typed up the information about the shop and how much spent,

like Esso filling station £20.00

but I know the dates are wrong, as I moved from wales back to London in 2006,

lowells solicitors ' statements ' suggest I was spending on the card in 2014!!!

 

I have been asked by the court to submit any defence to them 14 days before the hearing.

All I have to submit is the fact that the debt is statute barred,

and I can supply all the paperwork that has been tooting and fringe between lowells and myself.

 

Any help or advice please gents

Many thanks

Moon landungs

[AndyOrch]

You have already submitted your defence...now you have to submit a witness statement and standard disclosure...refer to your Notice of Allocation.

 

Andy

[moonlandings]

You have already submitted your defence...now you have to submit a witness statement and standard disclosure...refer to your Notice of Allocation.

 

Andy

 

Thank you for your reply,

I have submitted my defence to Northampton county court ages ago,

 

then I had a letter from Northampton county court asking if I would like to have mitigation,

I said no on the grounds that this claim is statute barred and that neither lowells or capital one have complied with my requests, for the original paperwork or terms and conditions,

 

I now have this county court date hearing,

I really don't know what more I can do it's getting confusing

as I seem to be doing the right things,

 

then I get another letter saying go to court..

....all I can do on the 23rd at the hearing is tell the judge and show him the paperwork..

 

..I'm running out of ideas and I'm concerned that if the defence I have supplied so far isn't working, then I'm going to be asked to repay a debt that is statute barred.

[dx100uk]

You need to read other threads

CAG is self-help too!!

[Andy111]

Far from an expert myself,

but based on the fact you've requested the original agreement and evidence, had this request ignored.

 

Well surely a defended case at court will both ask why this has not been provided to the defence as requested if they then produce it at court on the day.

 

And that if they can't provide the paperwork and evidence at court on the day

, well surely there will be no case to answer and could get thrown out?.

 

More going forwards in the hope of a default I'm thinking?.

 

But a slight similarity with my own case (different company) that also should be statute barred,

 

that whilst they have seemingly produced a statement to indicate recent spending to try & claim not a stature barred in your case and what, haven't provided the original evidence?.

 

With me,

Welcome have produced a statement several months ago to try and indicate recent credits to the account to make out not statute barred and yet have always been unable to provide original agreement and evidence to dispute my claim the debt is nothing to do with me.

 

I'm wandering if some of these companies are "losing" the original agreements and then using creative or false statements to make out accounts are still active in the hope of swaying a court in not statute barred in the hoping or event the defendant fails to turn up?.

[dx100uk]

Moon landings

Please go read like threads as advised already

 

What you have received is standard court procedure papers

 

Its nothing to do with them not believing you

Its just the process a case goes through

 

Can I just point out

As said again before..

The case is nothing to do with capital one

And I hope you didn't send the CCA request to them??

 

It matters not if/if not they have produced the agreement

That doesn't prove SB or not

[moonlandings]

I won my case with lowells today in court,

the judge mentioned the fact that they had not responded to my request under the CCA or cpr 3.14.

 

 

What won me the case was the copy of the contract for my credit card, was ineligible ( the judge nor myself could read it) and it did not contain my signature anywhere.

 

 

So the claim was struck out.

 

Lowells were represented in court by a young lady from their legal team BW Legal.

[dx100uk]

I won my case with lowells today in court,

the judge mentioned the fact that they had not responded to my request under the CCA or cpr 3.14.

 

 

What won me the case was the copy of the contract for my credit card, was ineligible ( the judge nor myself could read it) and it did not contain my signature anywhere.

 

 

So the claim was struck out.

 

Lowells were represented in court by a young lady from their legal team BW Legal.

 

 

well don't forget to update YOUR OWN THREAD........

[moonlandings]

It is because of replays like yours that I won't update my own thread!!! Who are you to shout at me??? I got very little help as my court case drew closer, the replays I did get were similar to yours, rude and unhelpfull

[AndyOrch]

Well done anyway Moon

 

I have amended your thread title to reflect and conclude your thread.

 

Andy