Lowell PAP now Claimform - Cap1 Card Debt

[AndyOrch]

Send it to the full address...no need for signed for.

[Kappers]

Thank you

[dx100uk]

to the sols

no need for recorded just free POP.

[Kappers]

Hi.  Help! Got my mediation call this Thurs morning.  

 

I have been trying to find what is my best options by looking at other threads. 

As it appears that most other threads I have read don't seem to have the paperwork what Is my best line to take. 

 

I have received some paperwork albeit an unsigned almost inelligble document and others on non headed paper that could of been made up anywhere.  Paperwork has previously been uploaded on here.

 

I'm not sure what I need to say (apart from offering to pay which I don't think is my best option), don't want to appear to be an idiot and babble on.

 

Advice please guys?

 

 

 

 

 

[dx100uk]

Usual answer...i have not received enough information following my request s to the claimant to make an informed decision

[Kappers]

Thanks. What's the likelihood of them accepting an offer at this stage? There is £204 of fees added in total. Can this be taken onto consideration. I can't see mediation working tomorrow. 

[dx100uk]

as my last post.

so mediation wont happen if that is your answer when the questions on the N180 are asked again as they will be before it can commence

 

dx

 

[Kappers]

Help for advice.

 

Just had 1st call for mediation.

Lowlife are saying my defence is an internet copy and their papers sent to me are enough.

 

I claimed it maybe my ex who got the card but this is not in my defence.

Mediator has gone back to Lowlife Re an offer.

The paperwork could be redacted papers and depends on the judge on the day.

What is my best move?

[dx100uk]

you should have refused mediation stating the paperwork the claimant has provided to date does not give you enough information to make an informed decision.

 

 

[Kappers]

I did say about the paperwork.

They claim they have all the papers correct.

Some i could of done myself in word.

It would depend on the judge on the day in court.

 

I have previously posted the paperwork on here and wanted advice on them if they are true papers.

I am not fully experienced on this and what to do.

Just wanted some help.

The offer is on the table fir 48hrs.

[AndyOrch]

What offer ? whos made an offer ?

[Kappers]

Offer from them to pay instalments over a period if time. They wouldn't budge on it as they say their claim is strong with all the paperwork. 

[AndyOrch]

But they would say that wouldn't they  ......dont agree anything until you come back here and post the offer for advice.

[Kappers]

The offer is £300 paying £10 a month. Mediation will send an email and if i agree then they will send the agreement through. I have 48hrs to respond. I dont know what to do. 

[AndyOrch]

Which is the net debt value....they have knocked of the fees and any interest...well its your choice...its easily manageable and no CCJ.

 

Is this offer by way of a Tomlin Order ?

[Kappers]

Debt value is £301 pre court order and £406 with court fees. The actual fees that the original creditor put on amounted to £204. They wouldn't consider less than £300 as they felt they had a strong case. 

No mention of tomlin order. What is that? I said as i didnt think it was my debt the mediator was adding in without liability. Not got an email from them yet.

[AndyOrch]

By fees you mean unfair penalty charges within the £301 ?...SO any true debt figure would be  around £96 ?

 

You dont think this is your debt...have they provided a signed agreement with your signature ?

I thought their claim was " stong with all the paperwork " ?

[Kappers]

Yes lots of £12 fees put on before it defaulted. No the agreement had no signature on just my typed in name. In my original defence i said about the paperwork but didn't put in about it maybe my ex husband who took it out. Mediator said i would need to change my defence before going to court. Correct without the fees it would be. 

[AndyOrch]

No need to change your defence you simply expand within your witness statement at the next stage.....although it would have been useful if you had stated at the very start of this thread that you dont think this card is yours.

 

The claim is in your name and the alleged reconstituted agreement is in your name so I really cant see how this could be your ex,s card.... they wouldn't dare add your name if the card was not taken out by either yourself or jointly ?

[Kappers]

It looks like an internet application apparently and he did worse dodgy things. 

Can someone advise me on the paperwork that I had previously uploaded from lowlife.  In your experience does it look genuine and how I can fight this?

 

 

Here is the settlement agreement offer they have sent through.  I have not responded to this yet as have 48 hrs to decide otherwise the court proceedings will continue.

 

Thoughts?  I think it is crap.

260919.pdf

[AndyOrch]

The agreement as previously stated I cant read it ...illegible 

 

The settlement offer is fine and standard and works the same way as a tomlin order except its free..Tomlin Order would add a further £100