Court Claim - Lowell / Lloyds - 18-12-2017

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi
Just to clarify, it is not just the value that dictates the track so you can get small claims above 10k and fast track under.

I personally don't care too much how a win happens as long as it does.

Cpr, 18 requests can in certain circumstances be refused and I find it telling that solicitors are now not using the previous excuse it will probably be allocated to the small claims track blah blah

This is interesting to know. Thank you.

I thought it was just based on the 'value' of the initial claimed amount. CPR 27, 28 and 29 I think set the 'values'

So, when would one expect to see a claim for say £7k allocated to the Fast Track, can you guide please?

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

This is interesting to know. Thank you.

I thought it was just based on the 'value' of the initial claimed amount. CPR 27, 28 and 29 I think set the 'values'

So, when would one expect to see a claim for say £7k allocated to the Fast Track, can you guide please?

This is my understanding

Lets look at two claims
1 is for 11,000 which you would expect to go fast track- well the claimant may argue ( and I believe do) that as it is for a simple contractual debt with no complicated arguments it can go small claims. Of course what they are worried about is losing and in the SMT they are less likely to be hit with costs.

2. A Claim for 7K however these have complicated legal arguments, maybe multiple assignments as well as possibly a licensing issue and maybe something else- a judge may well decide this needs a longer hearing with a more experienced Judge and may decide it is fast track.

Remember it is up to the Judge to decide what track a claim goes . Have a read of Rule 26.8

(1) When deciding the track for a claim, the matters to which the court shall have regard include –
(a) the financial value, if any, of the claim;
(b) the nature of the remedy sought;
(c) the likely complexity of the facts, law or evidence;
(d) the number of parties or likely parties;
(e) the value of any counterclaim or other Part 20 claim and the complexity of any matters relating to it;
(f) the amount of oral evidence which may be required;
(g) the importance of the claim to persons who are not parties to the proceedings;
(h) the views expressed by the parties; and
(i) the circumstances of the parties.
(2) It is for the court to assess the financial value of a claim and in doing so it will disregard –
(a) any amount not in dispute;
(b) any claim for interest;
(c) costs; and
(d) any contributory negligence.
(3) Where –
(a) two or more claimants have started a claim against the same defendant using the same claim form; and
(b) each claimant has a claim against the defendant separate from the other claimants,
the court will consider the claim of each claimant separately when it assesses financial value under paragraph (1).
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Maybe [MENTION=87380]Diana M[/MENTION] can explain better and may have an general example ( not specific obviously)

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

This is my understanding

Lets look at two claims
1 is for 11,000 which you would expect to go fast track- well the claimant may argue ( and I believe do) that as it is for a simple contractual debt with no complicated arguments it can go small claims. Of course what they are worried about is losing and in the SMT they are less likely to be hit with costs.

2. A Claim for 7K however these have complicated legal arguments, maybe multiple assignments as well as possibly a licensing issue and maybe something else- a judge may well decide this needs a longer hearing with a more experienced Judge and may decide it is fast track.

Remember it is up to the Judge to decide what track a claim goes . Have a read of Rule 26.8




Maybe @Diana M can explain better and may have an general example ( not specific obviously)

Thank you. I think your understanding makes sense.

I only asked because I intend to make an application for my costs and was worried that I have worked my costs out to be in excess of £10k and thought I might have to endure the stress of learning all about the fast track.

From what you say, and given the issues I have raised to support my belief the claimant has been totally 'unreasonable', I'm now thinking, I'm good to go.

[warwick65]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Thank you. I think your understanding makes sense.

I only asked because I intend to make an application for my costs and was worried that I have worked my costs out to be in excess of £10k and thought I might have to endure the stress of learning all about the fast track.

From what you say, and given the issues I have raised to support my belief the claimant has been totally 'unreasonable', I'm now thinking, I'm good to go.

There is clearly a whole lot more going on here than I first realised so best if I stop now

[Brandy1234]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

No worries, to be fair, you have been very helpful. Thank you.

[mondayman]

Re: Court Claim - Lowell / Lloyds - 18-12-2017

Hi

The court won’t know unless you tell them which is part of the purpose of your defence should you decide to enter one.
If I were you I would try to enjoy Christmas in whatever manner you choose and when the holidays are over will be time enough to work on the defence.

If not already sent, you do need to get the CCA request and the CPR31.14 request sent by Royal Mail signed for on 27th

Hopefully they will not be able to produce an agreement or a default notice or a final demand or indeed the details of the assignment.

Have a great Christmas and try not to worry

Hi So i acknowledged the letter and said dispute in full.

I didnt get the letters off to Lowell in time though and have not sent any defence to the court. What shall i do now?

[Amethyst]

Your Defence was due on 22nd Jan? did you get the letters off the Lowell at all ? If so when ?
As this was a loan then the CCA request is imperative.

Log into Moneyclaim online and check they haven't leapt on the default judgment - if not you can still get your defence filed - Example Defence