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Lowell Court Claim & Mediation

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Lowell Court Claim & Mediation

Post by sherinator on Mon Aug 07, 2017 9:15 pm

Hi,

I hope you can help me with this!

Lowell first came on the scene back in early 2014 regarding an alleged debt of around £2000. Straight away I sent a request for the CCA, default notice, notice of assignment, deed of assignment and a full statement of the account, as I did not and still don't recognise this debt.

Lowell responded with a CCA, which doesn't have my signature on it, but rather it's just my name typed on it. The CCA also had my address on it. They did not send the default notice,which I have never seen whatsoever, claiming that they don't need to send it, the notice of assignment, deed of assignment - contains commercially sensitive information apparently, or the full statement - just a screenshot of the alleged account.

Fast forward to now and a lot of back and forth between Lowell and I, Cohen Cramer came on the scene threatening court and with a letter before action, so off I sent the appropriate CPR requests. Cohen Cramer responded with the same CCA as before and claimed to include all the other information I had requested (see above) including the elusive default notice! However, there was no default notice included in their response, despite the covering letter claiming to do so. Instead, what was included was a screenshot of an MS-DOS-looking database that said "Default notice sent" on such a date.

I defended the claim on their complete lack of evidence and refusal to supply what I had asked for the in CPR. I did tick the mediation box on the provision that they can supply the legally required documents before that time. This seemed to go over the heads of the people at Northampton and an appointment was made for mediation.

I was called by mediation and it went straight to "Lowell say that your defence is not a defence and won't be successful in court. Can I ask how much you're willing to pay them per month?" I stopped her right there and pointed out that mediation is meant to resolve a dispute between the 2 parties, no for immediately going to offers of payment, to which she backed down. I explained that unless Lowell can prove that they can legally chase me for the debt and also prove the debt is mine, then I cannot offer any payments. The mediator exploded, "Why did you go ahead with the mediation then!? There are hundreds of people who could have had this appointment and offered payment!" I calmly explained to her again that mediation is not just about offering payment but to resolve disputes, which is also what is written in the court mediation information. She backed down again and she said she would ask Lowell if they have the necessary legal paperwork.

A few minutes later, she called me again and said that Lowell do not have the information I requested in the CPR, however "on the law of probability" Lowell are confident they can win with a screenshot of a database. I said that due to Lowell admitting that they do not have the necessary documentation, then I will be leaving the mediation. I found her very unprofessional and biased to be honest. Also, I quite fancy asking Lowell who is their in-house judge that deemed my defence not a defence and what his or her qualifications are.

I've received a letter this morning saying that it's being transferred and to wait.

I'm not looking for sympathy, but with my severe mental health problems at the moment, I fear this will break me.

But have I done everything right? What do you think my chances of succeeding are and is there anything else I can do?

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Re: Lowell Court Claim & Mediation

Post by daveiron on Tue Aug 08, 2017 9:34 am

Hi ,is this pre or post 2007 ?

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Re: Lowell Court Claim & Mediation

Post by jss64 on Tue Aug 08, 2017 10:36 am

Hi Sherinator
I don't know how far along the court process is.
Have Lowells solicitors formally put a claim in yet.
Please refer to the following posts.
You'll need to act quickly if they do.

http://goodf.forumotion.com/t47-court

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Re: Lowell Court Claim & Mediation

Post by sherinator on Tue Aug 08, 2017 7:19 pm

Hi,

This is post 2007. As stated in my original post, it has already gone to mediation, which failed, and now I'm waiting on a court date.

Thanks.

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Re: Lowell Court Claim & Mediation

Post by daveiron on Tue Aug 08, 2017 9:25 pm

Ok i presume it now goes to a hearing instead of mediation.

I would suggest a letter along the lines of .

Dear Sir / Madam,

you have previously been requested to supply certain documents to provide your proof of claim.despite your assertions to the contrary you have not supplied all requested. I now require you to comply with my CPR 18 request.

I posted CPR 18 Request in the 3 letter section .This is now what you need.

hope this helps , dave


Last edited by daveiron on Wed Aug 09, 2017 11:16 am; edited 1 time in total (Reason for editing : update)

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Re: Lowell Court Claim & Mediation

Post by sherinator on Thu Aug 10, 2017 9:01 pm

@daveiron wrote:Ok i presume it now goes to a hearing instead of mediation.

I would suggest a letter along the lines of .

Dear Sir / Madam,

you have previously been requested to supply certain documents to provide your proof of claim.despite your assertions to the contrary you have not supplied all requested. I now require you to comply with my CPR 18 request.

I posted CPR 18 Request in the 3 letter section .This is now what you need.

hope this helps , dave

Ok, thanks daveiron. I shall get this sent asap. Question though, what if a hearing date comes in before a response?

Thanks.

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Re: Lowell Court Claim & Mediation

Post by daveiron on Thu Aug 10, 2017 9:36 pm

OK ,get the CPR sent asap .

Remember you did the 3 letters to the OC .You said in the 3 letters "you would pay any money you may lawfully owe upon their documents providing proof of claim . also add to the count how many times you have asked Lowells & any others involved in this . This would be my defence (you have tried to settle this matter ,all you required was a valid proof of claim).

Think about it ,if they had it, they would have been paid.

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Re: Lowell Court Claim & Mediation

Post by sherinator on Tue Aug 15, 2017 9:17 pm

Hi,

I've check MCOL and it says that the claim was transferred to my local court on 4th August, yet I've heard nothing. Should I have had a court date by now or does it take a while?

Also, I'd like to apply to have the claim struck out, as they haven't complied with the CPR request, how do I do this?

Thanks.

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Re: Lowell Court Claim & Mediation

Post by daveiron on Tue Aug 15, 2017 10:02 pm

From memory i think info on getting it struck out is on MCOL site.

I would not expect anything in a hurry from them ,Its taken them 5 months to get me a judgment on my claim.

If you need to contact them you may get a response if you use your password etc.
Dont expect any joy any other way ,I have recently logged over 40 attempts by phone,
& they take 16 days to reply to emails ,
I will check it out sometime tomorrow .

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Re: Lowell Court Claim & Mediation

Post by daveiron on Wed Aug 16, 2017 7:33 am

I believe you can apply for an 'Unless Order' .My understanding is that the order requires them to supply the documents on which their claim relies.
I have had a quick look around and other than pay sites the only one i could find relates to the high court.

I would suggest you try contacting Northampton BC ,or maybe someone here can give info on it.If i get the time i will dig around some more.

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Wed Aug 16, 2017 7:59 am

You apply for a Unless Order using Court Form N244, as this is likely to go to a hearing- which you would have to attend to argue your case - it'll cost £255, free if on benefits or low income.

Please be aware though, if the application fails you will be liable for the other sides costs, which may be actually higher than the claim itself.

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Re: Lowell Court Claim & Mediation

Post by daveiron on Wed Aug 16, 2017 8:10 am

Hi tiggy,

Re the above ,to avoid the above mentioned possible costs .Would it not be just as well to state at the hearing that the claimant has failed to provide you with the documents requested ,to prove their claim / needed for your defence ?

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Wed Aug 16, 2017 9:18 am

@daveiron wrote:Hi tiggy,

Re the above ,to avoid the above mentioned possible costs .Would it not be just as well to state at the hearing that the claimant has failed to provide you with the documents requested ,to prove their claim / needed for your defence ?

Of course, that would be a part of your witness statement in support of the application, the main problem is is CPR 18 is specifically disallowed under the Small Claims Track, except at the Court's discretion.

Therefore, you're at the mercy of the Judge on the day as to whether they grant or dismiss the application.

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Re: Lowell Court Claim & Mediation

Post by Whymeok on Wed Aug 16, 2017 12:16 pm

I experience this with Lowell too on going, judge refused my defense, I I'll disabled not got any help, to type up paper work, in defence then judge got order dates administration team all wrong left me not knowing now what to do

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Re: Lowell Court Claim & Mediation

Post by petesomething on Wed Aug 16, 2017 9:45 pm

Hi

you  can use a unless order form N244 to force them to supply documents this is your right , they want money from you, they taking you to court , they may not legally own the debt , just hoping you will not attend court, and you lose by default,

their solicitor could ask for cost , but if you made every effort before and even after court date and showed you made every effort to obtain proof then they have low chance of cost


Last edited by petesomething on Wed Aug 16, 2017 9:49 pm; edited 1 time in total (Reason for editing : add)

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Re: Lowell Court Claim & Mediation

Post by sherinator on Thu Aug 17, 2017 6:59 pm

They can ask for whatever costs they want, but I can't give them what I don't have. My money is spent on paying utilities, council tax and eating, that's it. I don't have any disposable income and believe me I'd like to!

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Re: Lowell Court Claim & Mediation

Post by petesomething on Thu Aug 17, 2017 10:04 pm

Hi sherinator

I was told best use mediation ,but i could not see why , so i never , i think its a wast of time ,after reading your post i am glad i never Very Happy

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Thu Aug 17, 2017 11:10 pm

@petesomething wrote:Hi sherinator

I was told best use mediation ,but  i could not see why , so i never , i think its a wast of time ,after reading your post i am glad i never Very Happy

The reason being is that Judges like to see you were willing to mediate, that's why we always said tick 'yes' to mediation.

The mediation service should then send you a further email to ask if you had all the documentation to allow you to mediate - to which you should have answered No, they would then say 'not suitable for mediation', but at least you would have shown willing !

It's all about tactics !

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Re: Lowell Court Claim & Mediation

Post by petesomething Yesterday at 9:57 pm

Hi Tiggy good to see you here.

Tiggy right it is about tactice , and best keep on the right side  judge :D

however in court the first time the judge said maybe we should use mediation , this was after i said the agreement was not a true copy , you can see in my post court ,
why did he say this :shock:
but he did say it may be my way out :D

I said to him i want them to  show me they legally own the debt , what is there to talk about they had plenty of time, the judge said i had every right to ask for paper work , next court new judge no one even said about mediation,

i won with hard work  but i must say with tiggy help, :D


Last edited by petesomething on Fri Aug 18, 2017 10:02 pm; edited 1 time in total (Reason for editing : add)

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