Re: Lowell Court Claim & Mediation

by Tiggy Thu Sep 14, 2017 7:50 pm

Your Witness Statement MUST be with the Court 14 days before a final hearing date otherwise it's inadmissible.

by sherinator Sat Sep 16, 2017 4:45 pm

Hi,

I'm aware of the timescales.

I've been thinking of offering to pay 50% of the amount they're asking for and I'll pay it in one payment if they take the offer. With the strain on my mental health at the moment, and currently being signed off long term by my GP, I don't have the strength to make the journey to court (they chose one 60 miles away!) or fight it any longer. What do you think?

Thanks

by Tiggy Sat Sep 16, 2017 5:16 pm

what do you mean 'they chose a Court 60 miles away', you as the defendant get to choose which Court it gets heard in, did you not nominate your local Court in the Allocation Questionnaire?

If you're going to make an offer then mark it 'Without Prejudice' so it can't be used in Court against you, but I suspect they'll reject the offer and say they want the full amount and for you to sign a Tomlin Order ( out of court settlement).

by Jinxer Sat Sep 16, 2017 5:45 pm

sherinator wrote: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.

Is your local Court 60 miles away then.

by Tiggy Sat Sep 16, 2017 5:52 pm

So you haven't got a hearing date yet? That's strange they don't usually submit a Witness Statement early, they usually wait until the last 14 days before a hearing.

As for the Court, as Jinxer rightly asks 'is your local Court 60 miles away'??

You apply using Court form N244, but you will have to attend a hearing to argue your case.

by Jinxer Sat Sep 16, 2017 6:52 pm

Sorry Tiggy I took that quote from the beginning of the thread. The Court date has been set for end of October, It's still concerning though that the Court is 60 miles away.

by sherinator Sat Sep 16, 2017 7:56 pm

Hi,

When filling out the forms, I chose my local court, giving the full address etc. However, when the hearing information and date came, they had a different court in another county!

I want to make an offer because I really can't go through all this any longer, my mental health is ruined and I was recently hospitalised after my wife saved me from a suicide attempt.

Thanks.

by Jinxer Sat Sep 16, 2017 8:22 pm

I don't know for sure but if you included some sort of letter from your doctor about your mental state you could use compos mentis as part of your defence. Don't give up now you've come to far. If they haven't got the documents you asked for and you can't remember having money from them how are they going to convince a Judge. There must be a form to file to move the hearing to your nearest County Court.

by man Sat Sep 16, 2017 8:50 pm

sherinator, if you can't take the stress then do a deal with Lowell. You can offer them £5 a month. They have to accept if that's all you can pay. Then the stress immediately goes away.

by Tiggy Sat Sep 16, 2017 10:45 pm

This is only a debt, it's really not worth making yourself sick over. You have to do what's right for you and if that's making an offer, then yes do it.

If you do decide to continue, you must ring the Court and tell them that a mistake has been made and that the case has been allocated to the wrong County Court !!

by sherinator Mon Sep 25, 2017 11:02 am

Thought I'd share the good news:

Lowell have dropped the court claim against me! Hopefully now I will be able to start recovering mentally, but it's a long road. Still, it's a weight off.

by Jinxer Mon Sep 25, 2017 11:33 am

I am so glad for you, concentrate on your health now and forget about this problem it's gone.

by **LionsShare** Mon Sep 25, 2017 11:44 am

Great news hope all goes well!

by Little D Mon Sep 25, 2017 12:13 pm

Well done sherinator cheers

, try to keep a copy of everything for future reference.

Lowell Court Claim & Mediation - Page 2 ZScaXDj

by petesomething Mon Sep 25, 2017 6:51 pm

Hi sherinator

Well done Very Happy

if you went to mediation they would have tried to talk you into some kind of payment,
anyone reading this IF you get a letter from a DCA SEND THE NEW 3 LETTERS you want proof they legally own the debt, we know they only buy your data , you dont want mediation you want paper work.

sherinator can you put in the success stories of your victory, this will help others well done Very Happy

by Whymeok Mon Oct 02, 2017 7:54 pm

ya i only had claim with draw aftr year of pure stress illness, ie medical proof head of collocations via its key head office leeds i found woman on f book whom knew some thier, she was a ex lawyer , rund a site not good as this one, she helped get claim with drawn so now another thing to deal with, one down more to deal with

by sherinator Sun Oct 08, 2017 5:25 pm

Hi,

I thought it had gone away, but it hasn't.

After Lowell Solicitors discontinuing the court claim on the grounds of my mental illness, Lowell have written to me asking me to fill out the "attached consent form" for them to access my medical records. They must be insane to think that I would grant them such a thing! They also want income and expenditure details.

Now I'm worried that they'll just try to start another court claim if I don't give them what they want.

Thanks.

by petesomething Sun Oct 08, 2017 6:16 pm

Hi sherinator

First remember DCA,s are just people in a office , they are no one special, they have no right to ask for your medical records, or income and expenditure,
they just trying it on,
if there solicitors had the paperwork , they would not care if you were ill , they want your money,
i would just ignore, they may send another letters again , , try not to worry , we always be here for you Very Happy

by Tiggy Sun Oct 08, 2017 9:12 pm

sherinator wrote:Hi,

I thought it had gone away, but it hasn't.

After Lowell Solicitors discontinuing the court claim on the grounds of my mental illness, Lowell have written to me asking me to fill out the "attached consent form" for them to access my medical records. They must be insane to think that I would grant them such a thing! They also want income and expenditure details.

Now I'm worried that they'll just try to start another court claim if I don't give them what they want.

Thanks.

If you've told them that you suffer with your mental health and that indeed is the reason for their discontinuance then it's not unreasonable for them to ask for proof.

For the sake of your health I would suggest you visit your Doctor, explain the affect this is having on you and ask them to write a letter explaining this.

Then send them a covering letter say see attached and that their request to access your full medical history is unreasonable given its highly confidential nature and given your GP's opinion of the detrimental effect their continued contact is having and ask them to stop.

by sherinator Fri Oct 13, 2017 5:54 pm

Hi,

It's all very confusing, as I received another letter a couple of days ago in which Lowell said that I don't have to do anything and they're leaving me alone, but they may contact me again in the future. Good enough for me.

Thanks

by Jinxer Fri Oct 13, 2017 6:02 pm

Just don't never throw none of these letters away, you may need them one day.

by sherinator Fri Oct 13, 2017 6:04 pm

Hi,

Keeping them safe.

Thanks.

by petesomething Fri Oct 13, 2017 8:33 pm

HI sherinator

i said you may get another letter, i think if you did go to your doctor and if he or she did do a letter for you, i still think the DCA would have insisted in your medical record if you started dialogue with then , jinxer is right always keep these letters :D
well done, put in the success stories you will help other people by doing this.

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