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Lowell debt...?

Hi,
I have recently sent my defence to the court, with letters and a CPR31, requesting for the documents of the alleged debt.

I have now received a Directions Questionaire, directly from Lowell, asking me if I would agree to a small claims mediation service.

I have not received anything that I have requested.
Do I accept it or do I refuse it?

Comments

  • fylde2022
    fylde2022 Posts: 13 Forumite
    First Anniversary First Post
    After reading through it, it's a copy that Lowell have sent to the court and I'll be receiving one from the court, soon.
  • fatbelly
    fatbelly Posts: 23,124 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Some people think that it looks good to agree to mediation.

    I think it's a bit of a waste of time. What you want is a hearing.

    Hopefully you're getting some support from someone, like Legalbeagles or allaboutdebt
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    and a CPR31

    You are likely to find they will ignore it
    Scope of this Part
    31.1

    (1) This Part sets out rules about the disclosure and inspection of documents.

    (2) This Part applies to all claims except a claim on the small claims track.

    Lowell rarely but debts that are not small claims track so the answer to your question is either a Subject Access Request or a CCA request. If you haven't done it, do it now.

    As regards mediation, the mediation service is run by a private company tasked and incentivised to get people not to go to a hearing. Whether you mediate or not has no bearing on a hearing.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • MovingForwards
    MovingForwards Posts: 17,158 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    Contact the court as I would be concerned receiving Lowell's DQ and not your blank one to fill in and return.

    Law firms have set processes on their systems to give the case handler "to do's" and reminders to file the paperwork.

    When they receive the issued claim form they input the date of issue and service, this then loads up the next step (1) defendant responds (defendant doesn't - request CCJ). As you responded, to defend/dispute, their next process would diaries when to file the DC.

    If you do not file your DQ the court will either remind you or strike your defence out, allowing Lowell's to enter judgement.

    You should be able to download the DQ online from the court site.

    Don't bother with mediation, it won't get you anywhere for this type of case.
    Mortgage started 2020, aiming to clear 31/12/2029.
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