Lowell claimform - old Lloyds overdraft debt***Claim Struck Out ***

[notodebt]

Ah ok that makes sense ! Thanks for everyone's input so far !

 

oh and its nowt to do what Halifax/Lloyds have or have not sent you they are nowt to do with the claim its for lowells to supply them else no dice!!

 

Well judging by some of the successful court outcomes by some caggers hopefully Lowell will try to blag it's way through minus one or two of those docs then fail at the last hurdle..

[dx100uk]

as they always do with OD claims we defend

rarely do w lose and that's down to judge lottery no-one can control

[Andyorch]

Ok got that but should there not be documentation apart from statements such as default notice,default sums,charges applied to account,switching account to a fee paying one or even closing it ?

 

Halifax/Lloyds have sent me none of these.

 

So how can I mediate when I have none of the relevant documentation?

 

You will have to wait and see when it gets to the appropriate stage of the claim......Disclosure...but then it will be too late to participate in mediation.

[notodebt]

Just an update from this post! Still not received letter from court , is this a normal timescale for the courts ?

 

Have checked MCOL online and nothing has changed here ...

[Andyorch]

Check with MCOL and inform them the claimant has sent you a copy of their DQ (.dated 21/3)..ask if they have actually informed them they are proceeding....and why have you not received yours.

 

 

Andy

[notodebt]

Cheers Andy will contact them now

[notodebt]

Well MCOL have confirmed Lowell solicitors have spoken to court on the 7th April to confirm they wish to continue and a letter is on it's way ...so back to waiting..thanks for the advice Andy

[Andyorch]

No need to wait...make a start....complete on your PC.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Yes to mediation

Yes to Small Claims Track

State your local county court

1 Witness.. yourself.....

 

The rest is self explanatory......print 3 copies..Court/Solicitors/file.

[notodebt]

Got it..cheers

[notodebt]

Well on 16/4 sent N180 to Northampton and Lowells solicitors but still no set dates yet. Contacted Court today and they have not got the forms but apparently working there way through documentation and so far up to the 10th April so should get to my forms this week, otherwise I will call back end of this week.

[notodebt]

Well to add to the thread, had calls everyday now from a 0333 number, sure enough when checked it's Lowell. Must be urgent if they need to speak me....

[dx100uk]

Throw in the towel I bet

Ignore them

[notodebt]

Well on to the next step !

 

Received an email from the mediation service with the standard format about arranging a mediation date/time, places are limited etc.

 

On the form there are three fields that I must answer yes to for mediation to continue

 

but of course I will have to say no to the section whereby it states I have all information and do not require any further evidence as my CPR request has not been met.

 

The other fields asking if I am willing to mediate and a date/time I will say yes to ...

 

After this has been submitted will the court then ask Lowell to produce this documentation as part of my request ?

[dx100uk]

Read other threads

 

You say yes to all as you must be seen to give them time

When it comes down to the actual mediation call

The q's are asked again then you say no

[notodebt]

Got it ! Thanks for the essential advice !

[notodebt]

Read other threads

 

You say yes to all as you must be seen to give them time

When it comes down to the actual mediation call

The q's are asked again then you say no

 

Mediation next Tuesday !!

[notodebt]

Mediation tomorrow ! All ready with my docs at hand, oh hang on I don't have them yet ....

[notodebt]

Well had call from mediator all very civil ! I explained that I was lacking documentation as per request to Lowell so mediator has asked if i had requested it , yes I said by recorded delivery but no response.

 

mediator has said that may cause an issue then asked if I was aware what this account was for , to which i replied no hence I need the paperwork to confirm..

 

Interestingly he told me Lowell purchased from Lloyds banking group years ago and have added on £287 of interest.

 

So he has gone back to Lowell to see if they have the requested paperwork and then will come back to me ....

[notodebt]

Well Lowell emailed copy statements to Mediator who mailed them to me and gave me 15 mins to go through them . When he called back I explained that based on what was sent did not provide all the information relevant to make a decison such as lack of NOA ,DN, letters showing charges and fees on account or when they were applied and when it was changed to a fee paying account.

So he suggested I write to Lowell and request these docs , up till then mediation cannot go any further and he will explain this to Lowell solicitors.

So now await court ...

[Andyorch]

2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18

287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment

Ref ****************** ( their ref number here )

 

" Interestingly he told me Lowell purchased from Lloyds banking group years ago and have added on £287 of interest."

 

Pity the mediator does not know how a court claims works

[dx100uk]

already asked them for all the docs under cpr 31:14,

tough for lowells theyve ignored that IMHO

[notodebt]

Thanks dx100uk !

 

Yes I tried to explain that to him but he just said you must write to them and ask for the documents. I did not want to give too much away in what was missing so as not to arm lowells.

 

He was pushing a bit that according to Lowells or the documentation had been sent and I should check the pdf's sent over to me via email this morning,

 

I asked him to explain how I could make a judgement with these important docs missing and not just on the basis of some copy statements which I added were for two different accounts ( one ordinary and then one fee paying) and also the fees and charges added on to the accounts which in turn makes the sums outstanding incorrect.

 

On that basis he said you cannot make a fair judgement so I will inform the court and Lowell will have to send you the documentation...

 

I'm also rather disappointed that the calls from Lowells appeared to have stopped .

[notodebt]

well got a text today asking me to contact Lowell urgently ! I have no idea what for .....

[Andyorch]

Contact them and see what they want......you dont need to divulge anything

[notodebt]

Contact them and see what they want......you dont need to divulge anything

 

Hi Andy..it's tempting to see what it is