Lowell Solicitors CLAIM FORM re CAP1card

[davetherave87]

Had the mediation call

- advised that Lowells have failed to comply with my requests for documentation to substantiate their claim.

 

She then said no problem and has made a note on file.

Apparently, a judge will see that I have had the phone call,

explaining the missing documentation,

and likely give an order for Lowell to produce.??

 

I've been told by Miss Mediation to wait for a letter(s) to come in the post.

 

Hmmm - could they be waiting to produce the agreement and default notice on the day of a hearing?

 

Im guessing they can do that

- but the fact they failed my formal request in the early stages,

does this count for anything?

 

Thanks in advance!!

[dx100uk]

You need to be reading other claim threads

Then you would know they can't do that

All documentation is exchanged at the WS stage

IF it gets that far.....

[Andyorch]

Dont wait for anything from the court ..you should have already received your Notice of Allocation with directions and what you must do next should mediation fail.

 

Andy

[davetherave87]

Cheers Andy.

 

I cant recall having a NOA through the post apart from the mediation papers ?

 

Regards.

[Andyorch]

The details of mediation are usually stated within the Notice of Allocation N157 ...so you have had mediation......how did you know how to arrange mediation?

[davetherave87]

Hi Andy,

 

I did receive an N149A Notice of proposed allocation to the small claims track. Where I filled out the directions questionaire, and sent copies to the court and Lowells.

 

I then got the phone call as mentioned before, where based on the lack of documents from lowell that are still outstanding, she decided to escalate to next level.

 

I have this evening checked MCOL - to find the claim has been transferred to Birmingham.

 

I have not yet prepared anything close to a witness statement starting to get worried now,

have this feeling I will get mocked becuase I have taken things this far,

 

but as Lowell havent provided me with sufficient evidence to substantiate their claim,

surely I have half a shot of making through this?

 

Not really sure what to think right now chaps!

 

-d-

[Andyorch]

" I have this evening checked MCOL - to find the claim has been transferred to Birmingham. "

 

Thats fine so Birmingham will send you your Notice of Allocation....nothing to stop you in the meantime looking at examples of witness statements and how to prepare your disclosure list...I have posted on 3 alone today here in the forum index advising same.

 

Regards

 

Andy

[davetherave87]

Good afternoon everyone.

 

Time for an update with this ongoing claim.

 

17th November - Received a Notice of Allocation to Small Claims Track (Hearing)

In the letter, Bham County Court state that unless the claimant pay the trial fee of £80 or file a properly completed application then the claim will be struck out with effect from 2nd January 2018

 

The hearing of the claim is 30th January 2018. The second page list the directions that apply to the claim.

 

(At this stage, I still had yet to receive any default notice or original agreement from Lowell)

 

23rd November 2017 Today I received a thick envelope from Lowell Solicitor, where they enclose (as requested back in July) a copy of the agreement, statement of account and default notice.

 

"Our client is keen to resolve this matter and will consider any payment or settlement proposal you wish to make - please continue to respond to any court directions you may receive"

 

I should point out, I was offered a 40% settlement opportunity back in March for this account by Lowell. This is why the alarm bells triggered in the first place.

 

Can anyone advise of my next steps... shall I upload the docs for people to look at? Or shall I simply write to Lowell Solicitors making an offer to settle, or attempt to amend my defence (paperwork non-compliance)

 

Once again, any advice is greatly appreciated. Hate to let this linger over Christmas and New Year.

 

 

Thanks to all.

David

[dx100uk]

why do you need to amend your defence?

 

no need you've not even reach disclosure stage yet where your WS will cater for any changes response etc

 

yes scan things up to ONE multipage pdf read upload

[davetherave87]

Ok, I am currently editing out all personal info as we speak from all pages contained within Lowell's last envelope. Then will upload as one multipage PDF.

 

Starting to lose my marbles simply because my last attempt defending a court claim, Restons, they discontinued. But as it seems Lowell have provided all requested documentatio, (which will follow in a PDF next post) leaves me with little hope now.

 

I don't particularly want to experience my first ever CCJ.

 

Here is the multipage PDF file which contains a default notice and agreement that Lowell Solicitors sent to me just a few days ago.

 

Any thoughts?

 

Many thanks!

document return .pdf

[dx100uk]

is there a claimants witness statement there too?

dx

[davetherave87]

I have received no witness statement from the claimant as of yet DX.

 

Regards

 

It looks like they have simply decided to finally comply after it failed mediation and knew it would be going all the way.

 

My defence is based on the lack of both the agreement and default notice... Of which i now have. Although the t&c's in both agreements appear to be different quality to the microfiche front page. Are they stil the original t&c's you reckon?

 

I have yet to draw up a witness statement but i imagine it would have to reflect the latest documents provided, be it months after originally requested.

 

I have looked at other examples on here. Thats as far as I have got.

 

[dx100uk]

Urm might be worthy to think about a deal

That lot to me meets the requirements u

And of course that IS your SIG?

[davetherave87]

Yes sig is accurate (albeit 4 years ago)

 

I guess its a case of trying to settle with Lowell Solicitors now then.

 

I cant believe they were offering 40% earlier this year to settle this bloody account!

 

Really made me think there was a strong chance to fight it!!

 

If they refuse to accept any form of offer, would a Tomlin order (payment arrangement) be suitable to avoid a CCJ?

 

Regards

[Andyorch]

Wait to see if they comply with the directions and serve you their witness statement first...before considering any settlement

 

What date should they and you serve statements ?

[davetherave87]

Hi guys,

Lowell Solicitors sent over their WS and as I've never got this far before its all a big blur

- it would appear they have come up with the original agreement,

but only the one page looks original,

the T's & C's look like they have come from a more recent document.

 

Whats annoying me is Lowell Solicitors were offering 40% off six months ago.

Getting a CCJ at this point would be catastrophic

- so I am left with no choice but to attempt to try and settle before hearing takes place.

 

It's almost as if I could have accepted the 40% settlement when they offered it and be done with it,

 

but now because I have followed and requested documentation,

they have actually managed to come up with it and then chase me for the full amount.

 

Merry Christmas.

[dx100uk]

Why?

Scan up what they have sent to one multipage PDF please

Read upload

 

Who says its even enforceable??

[davetherave87]

Here is the multi page PDF from lowell witness statement with my info hidden

 

i actually laughed at the page where they refer to me as him and her! not that that will affect anything.

 

the only pages i haven't scanned is the ' running statement of account' pages.

this is pretty self explanatory, and does include over limit and late payment charges of £12.

. which i think were deemed lawful.

it was these charges that took the balance to 6xx and now with the additional costs, it has now become 8xx

 

I hope you can make sense of what I have uploaded.

 

I am also now trying to fight my corner with WageDay advance, who have been on my credit file for 3 years showing only "late payment" and also BW legal who took over a PayDay Express loan.

 

 

many thanks

Lowell Witness Statement pages.pdf

[Andyorch]

So again what date do you have to submit your statement and evidence by ?

[davetherave87]

Sorry Andy, its Monday 15th January.

[Andyorch]

Time then yet to consider your position

[davetherave87]

Cheers Andy,

well if the information in the documents i have uploaded do not suggest any irregularity

- then the bottom line is I do not wish to have a CCJ on file, who would?

 

I am toying with the idea of ringing up Lowell Solicitors offering the same 40% discount they had previously offered me.

Its so frustrating knowing they purchased this account for pennies in the pound.

 

To part with the full amount they are now claiming will be very difficult without help.

Maybe I can approach them offering a smaller lump sum of say 400 to settle, or a monthly repayment until clear.

 

But why would they even consider agreeing to it

(even though they have sent letters saying they are still keen to settle)

when they know that they will likely win in court and get the full amount plus costs...

 

A victory for me at this stage would be not to have a CCJ filed against me.

So that pretty much means I need to have them agree a settlement figure before the hearing.

If i did this by letter, it could take it really close to the deadline....

 

In this situation,

would it be worth a phone call,

and recording the phone conversation,

proposing either a lump sum I have managed to scrape together to settle immediately,

or agree a long winded monthly repayment plan.

(via a Tomlin order?)

 

 

:(

[dx100uk]

upload hidden name on page 10

[davetherave87]

Eeek here is the corrected upload.

 

Thanks DX

LowerlWItnessStatementPages.pdf

[dx100uk]

why are the T&C diff?

 

to the upload in post 35