Lowell vs LS (Help Please)

[Vodafone Company Rep]

Hi ksefton92,

I enjoyed my time off very much thanks.

If the automated reply hasn't arrived in her inbox, I'd recommend she checks her junk or spam folder.

If nothing is in there either, ask her to email us with a contact number only at eforum.web@help.vodafone.co.uk and quote the code WRT135 in the subject line.

Kind regards,

Lee

Vodafone Social Media

[ksefton92]

Hi Lee

Glad to hear it!

No problem, no email unfortunately but she’s sent her mobile number to the email address below quoting that reference.

Many thanks

[ksefton92]

Hi All

we received the attached letter from Lowell at the weekend - just wanted to get some insight into what this means and what we need to do next please?

Lee - my partner has received an email from you/your team and will reply shorty with the required information.

Many thanks

[jaguarsuk]

You'll get the same form from the court and the online version of the N180 is here if you want to type as opposed to hand write it: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call with them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them for theirs, then go back and forth throughout the hour to try to settle it.

B is self explanatory.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

D4 is self explanatory.

Make a copy and serve it to the Claimants solicitor as the order with it will direct "and serve copies on all other parties."

I assume they still haven't been forthcoming with any documents?

The good thing for you is that they are not going to be attending a hearing as they have indicated "0" in D3.

[Amethyst]

Just to say, don't complete the directions questionnaire yet, wait until the court send you a copy to complete. If you haven't heard from the court in a week give them a ring and say you've received a DQ from Lowell but haven't heard anything from the court since you filed your defence.

The court is getting a little annoyed with Lowell for doing this constantly, and they do it before they have even replied to the court following receipt of a defence. It's intimidatory practice IMO.

[jaguarsuk]

Just to say, don't complete the directions questionnaire yet, wait until the court send you a copy to complete. If you haven't heard from the court in a week give them a ring and say you've received a DQ from Lowell but haven't heard anything from the court since you filed your defence.

The court is getting a little annoyed with Lowell for doing this constantly, and they do it before they have even replied to the court following receipt of a defence. It's intimidatory practice IMO.

To add to this, did they send you a blank one for you?

[ksefton92]

Just to say, don't complete the directions questionnaire yet, wait until the court send you a copy to complete. If you haven't heard from the court in a week give them a ring and say you've received a DQ from Lowell but haven't heard anything from the court since you filed your defence.

The court is getting a little annoyed with Lowell for doing this constantly, and they do it before they have even replied to the court following receipt of a defence. It's intimidatory practice IMO.

Thanks for the heads up with this - was going to start completing the online one! Haven't had anything from the court yet on this.

[ksefton92]

To add to this, did they send you a blank one for you?

They didn't - should they have done? Or should this just come directly from the courts?

[ksefton92]

You'll get the same form from the court and the online version of the N180 is here if you want to type as opposed to hand write it: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call with them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them for theirs, then go back and forth throughout the hour to try to settle it.

B is self explanatory.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

D4 is self explanatory.

Make a copy and serve it to the Claimants solicitor as the order with it will direct "and serve copies on all other parties."

I assume they still haven't been forthcoming with any documents?

The good thing for you is that they are not going to be attending a hearing as they have indicated "0" in D3.

Thanks very much for the detail on this - i must admit it had me a bit worried! To confirm, Lowell are yet to send any of the documents we requested from them - not sure if this goes in our favour or not as the lot of bills will show no activity on the account which could go towards our defence?

[jaguarsuk]

They didn't - should they have done? Or should this just come directly from the courts?

No it should come direct from the court, but they have a habit of enclosing a blank one to try to intimidate defendants.

Thanks very much for the detail on this - i must admit it had me a bit worried! To confirm, Lowell are yet to send any of the documents we requested from them - not sure if this goes in our favour or not as the lot of bills will show no activity on the account which could go towards our defence?

No worries there's a link to a guide with pics in my signature below when it eventually arrives from the court.

Now the defence has been filed the relevance of them sending documents becomes to Mediation and there's a strategy around that to start to introduce their unreasonable conduct with a view to later using that against them.

Litigation is a game of cat and mouse mainly won or lost outside the court room, so it's important to play the game.

[ksefton92]

No it should come direct from the court, but they have a habit of enclosing a blank one to try to intimidate defendants.



No worries there's a link to a guide with pics in my signature below when it eventually arrives from the court.

Now the defence has been filed the relevance of them sending documents becomes to Mediation and there's a strategy around that to start to introduce their unreasonable conduct with a view to later using that against them.

Litigation is a game of cat and mouse mainly won or lost outside the court room, so it's important to play the game.

Morning all

Thank you for this! We're still yet to receive anything from Lowell in terms of the documents requested, and haven't received anything from the courts either yet.

I've checked MCOL and the latest update is that our defence was received 25/07/18.

Just wanted to update where this is at and check if there is anything we need to be doing in the meantime?

Thanks in advance as always!

[ksefton92]

Morning all,

I guess I spoke too soon in my last note on here - we received the attached last week.

Is there anything I need to look out for when completing this, or just go ahead using the link in jaguarsuk signature and return to the courts?

[jaguarsuk]

Morning all,

I guess I spoke too soon in my last note on here - we received the attached last week.

Is there anything I need to look out for when completing this, or just go ahead using the link in jaguarsuk signature and return to the courts?

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Just complete using the link, send to the court and the claimant.

[ksefton92]

Just complete using the link, send to the court and the claimant.

Sorry, just realised I hadn't redacted the document! Would you be able to remove the attachments jaguarsuk please?

Just completed the form and will print off and send the courts and Lowell ASAP. Can you clarify what this means please:

serve the copy to the Claimant or their solicitor at the address for service on the original claim form as the order with it will direct "and serve copies on all other parties.

[jaguarsuk]

Sorry, just realised I hadn't redacted the document! Would you be able to remove the attachments jaguarsuk please?

Just completed the form and will print off and send the courts and Lowell ASAP. Can you clarify what this means please:

serve the copy to the Claimant or their solicitor at the address for service on the original claim form as the order with it will direct "and serve copies on all other parties.

Send a copy to the address they gave you on the claim form and the original goes to the court. Keep a copy for your records as well.