Checking a county court claim form is real

[fidelandche]

Re: Checking a county court claim form is real

The form that came today, doesn't appear to have many questions on it. Is there another form that I have to print off? It just asks are there going to be any witness or about expert reports. Just making sure I send off all the correct information forms.

[charitynjw]

Re: Checking a county court claim form is real

If it is an N180 Directions Questionnaire with a court seal & a date for returning it to court, it will have 4 sections, A, B, C, & D, plus a requirement for a signature.
It also has detailed instructions on how to complete it.

[fidelandche]

Re: Checking a county court claim form is real

Ok, my wife has agreed to mediation and so have BW Legal. What is her best course of action?? They still have not sent any thing through following sending another CCA request. Is there anything that I can get ready for when the mediation happens? Also due to my wife's mental health, there is no way she would speak to anyone on the phone, so is there anyway I can act on her behalf? If so how do we go about it? Also as the debt is in her name and she does not have any income, how will this work? (She is unable to work due to mental health and has not worked for years)

[nemesis45]

Re: Checking a county court claim form is real

Ok, my wife has agreed to mediation and so have BW Legal. What is her best course of action?? They still have not sent any thing through following sending another CCA request. Is there anything that I can get ready for when the mediation happens? Also due to my wife's mental health, there is no way she would speak to anyone on the phone, so is there anyway I can act on her behalf? If so how do we go about it? Also as the debt is in her name and she does not have any income, how will this work? (She is unable to work due to mental health and has not worked for years)

Stop Chasing the CCA request it is to your advantage for them not to comply.. as the debt is rendered unenforceable without the agreement.

You should in my opinion prepare as much evidence of your wife's condition and financial status as you can, doctors letters etc.

nem

[fidelandche]

Re: Checking a county court claim form is real

I was only chasing the CCA request as charitynwj had suggested that was the best course of action. Do we have to provide evidence for mediation?

[nemesis45]

Re: Checking a county court claim form is real

I was only chasing the CCA request as charitynwj had suggested that was the best course of action. Do we have to provide evidence for mediation?

Once a CCA request has been made it puts the ball firmly in the claimants court, without it the debt is unenforceable. you should have either the signed for post receipt or the proof of posting slip to prove that you sent the request

You will be contacted by HMCTS Small Claims Mediation Service and you will be asked to conform that you have all the information you need to enter into mediation if you don't have the documents mediation won't take place.
The claim is then allocated to your local court for judges directions.

nem

[Diana M]

Re: Checking a county court claim form is real

Do we have to provide evidence for mediation?

No evidence is needed for Mediation which is carried out over the phone.

Your wife can authorize you to handle the call on her behalf.

The Mediators are not legally qualified, they won't even know what the claim is for, they simply act as a go-between in an attempt to reach a mutually acceptable settlement. The time allocated to the Mediation is one hour, so plenty of time to raise issues of mental health etc.

No one can predict what the Claimant will find acceptable as an 'offer' but one recently agreed to a settlement of £1 per month token payments which would take 73 years to clear the debt and the Defendant was already in their fifties A financial review every six months was included in the deal but their personal circumstances are unlikely to change as the years go by.

If your wife wants to settle this claim then Mediation is a good way to do it.

If she wants to fight on then she could tell the court that she won't attend the hearing and ask them to rely on her written evidence instead.

Di

[charitynjw]

Re: Checking a county court claim form is real

I was only chasing the CCA request as charitynwj had suggested that was the best course of action. Do we have to provide evidence for mediation?

@nemesis45

I suggested resending the CCA request 'cos fidelanche didn't get proof of posting for the first request.

Edit
More properly, couldn't find it. (Post #40).

[fidelandche]

Re: Checking a county court claim form is real

So when we contact the mediation service for a appointment, does my wife have to inform them that I will be acting on her behalf?

[nemesis45]

Re: Checking a county court claim form is real

@nemesis45

I suggested resending the CCA request 'cos fidelanche didn't get proof of posting for the first request.

Edit
More properly, couldn't find it. (Post #40).

Thanks [MENTION=5553]charitynjw[/MENTION] I see it now!
nem

[fidelandche]

Re: Checking a county court claim form is real

Hi all,

Many thanks to all for the advice so far.

Before I arrange a mediation appointment, I just want to clarify a couple of things.

1. Is it worth fighting this based on others past experience? The reason for asking is as the CCA request has not produced anything yet.

2. Based on the information I have provided so far, what is the likely outcome if my wife goes with mediation.

[nemesis45]

Re: Checking a county court claim form is real

Hi all,

Many thanks to all for the advice so far.

Before I arrange a mediation appointment, I just want to clarify a couple of things.

1. Is it worth fighting this based on others past experience? The reason for asking is as the CCA request has not produced anything yet.

2. Based on the information I have provided so far, what is the likely outcome if my wife goes with mediation.

1.Yes!

2. Yes you must inform the mediator and I expect he/she will want confirmation of your authority to mediate for her.

I You will not be making direct contact with the claimant at all the mediator speaks to each party in turn and passes the information from one to the other.
The mediator is not legally qualified and cannot give legal advice.
nem

[fidelandche]

Re: Checking a county court claim form is real

Sorry, I'm getting a bit confused at the moment. If my wife wanted to fight this what is the best course of action?

I know this one is quite hard to answer, but what are the chances of the court ruling in her favour? They have not responded to the CCA request, so I guess that will go in her favour, but apart from that what else would go in her favour?

As for evidence for the court, what would she need to provide? Things like doctor letters we don't have.

Unable to find letters from DWP stating that she is entitled to ESA, but she does not get any money as I earn too much. She is in the support group which is for the long term sick.

What else would the court need? I just want to make sure we choose the correct course of action as this is now having an impact on her mental health.

Again in mediation, she does not have an income and relies completely on my wage. How would this work in making an offer? As the debt is in her name, can the court ask me to pay for her debt?

- - - Updated - - -

Also, if she did want to fight it, how would that work without an income if she lost?

[fidelandche]

Re: Checking a county court claim form is real

Ok,

My wife has had a response to her request from the claimant about her CCA request. The letter basically states that they have noted that this is the second request and have asked that she contacts the legal team (BW Legal) who are acting on their behalf and they have forwarded her request on to them to deal with.

So my understanding is, that as they are the claimant, they have to provide the documents under the CCA request and not their legal team, is this correct?

Also, the claimant is named as Lowell Portfolio 1 LTD on the court papers, but this letter is from Lowell Financial LTD, so a different claimant? Also the address for each one is different, one is in Leeds (the claimant) and this letter is a PO box in Northampton, so is this building the case against them?

Does this make a difference?

Or can this be used in evidence if my wife wanted to continue to fight?

[MIKE770]

Re: Checking a county court claim form is real

all the same company running from 2 addresses i.w. Lowell portfolio & Lowell solicitors one passes top the other