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** DISCONTINUED ** BT + Lowell vs me Couty court buisness centre claim

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  • #16
    Originally posted by jaguarsuk View Post
    If you don't get an email or letter over the weekend you'll need to file a defence. Paste the 1-13 nits into the defence on the Money Claim Online website.

    That site can sometimes play up, so before Monday paste all of this into the document attached to this post to replace what's currently in it below the line under "Defence", change all the relevant bits above the Defence heading and have it saved ready to email to ccbcaq@hmcts.gsi.gov.uk

    If you have to email it, ring 0300 123 1056 to check they have it.

    It has to be submitted before 4pm
    Thank you will leave it till 12pm Monday and submit then call them after and make sure they have received it

    I cannot thank you enough for the help.


    Comment


    • #17
      Originally posted by jaguarsuk View Post
      If you don't get an email or letter over the weekend you'll need to file a defence. Paste the 1-13 nits into the defence on the Money Claim Online website.
      Originally posted by jaguarsuk View Post
      That site can sometimes play up, so before Monday paste all of this into the document attached to this post to replace what's currently in it below the line under "Defence", change all the relevant bits above the Defence heading and have it saved ready to email to
      ccbcaq@hmcts.gsi.gov.uk
      If you have to email it, ring 0300 123 1056 to check they have it.
      It has to be submitted
      before 4pm


      Morning Jaguarsuk,

      I received a directions questionnaire from Lowell today It states that there will be a copy sent out via the courts but I've not had anything and the letter is dated 6/04/2018 it says I should note the date by which this questionnaire must be returned... well there is no date on the questionnaire??

      any idea on whats happening?

      thanks

      Edit*
      Just looked on MCOL and there's nothing about it on there?
      Last edited by sarsons; 19th April 2018, 10:51:AM. Reason: added about MCOL

      Comment


      • #18
        Originally posted by sarsons View Post


        Morning Jaguarsuk,

        I received a directions questionnaire from Lowell today It states that there will be a copy sent out via the courts but I've not had anything and the letter is dated 6/04/2018 it says I should note the date by which this questionnaire must be returned... well there is no date on the questionnaire??

        any idea on whats happening?

        thanks

        Edit*
        Just looked on MCOL and there's nothing about it on there?
        The court will send you a copy of that form and with it will be an order stating the date it has to be returned.

        Essentially they have 28 days from the date you file your defence to reply to it if they wish. Once that time expires the court issue a directions questionnaire to allow you to give the information they need to set a hearing date. If you filed on Monday 26th March as you planned the deadline for their opportunity to reply is 23rd April and the court won't have sent anything out yet.

        Lowells always prematurely send one out. Sending it to you on the 6th April is to try to get you to send it back sooner, negate the need for an order which will allow 14 days further to return it and then they can get a hearing date set quicker.

        You could ring the court if you wanted to check for peace of mind.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #19
          Originally posted by jaguarsuk View Post

          The court will send you a copy of that form and with it will be an order stating the date it has to be returned.

          Essentially they have 28 days from the date you file your defence to reply to it if they wish. Once that time expires the court issue a directions questionnaire to allow you to give the information they need to set a hearing date. If you filed on Monday 26th March as you planned the deadline for their opportunity to reply is 23rd April and the court won't have sent anything out yet.

          Lowells always prematurely send one out. Sending it to you on the 6th April is to try to get you to send it back sooner, negate the need for an order which will allow 14 days further to return it and then they can get a hearing date set quicker.

          You could ring the court if you wanted to check for peace of mind.
          So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

          thanks

          Comment


          • #20
            Originally posted by sarsons View Post

            So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

            thanks
            It will be active until a resolution is reached whether that's by agreement to settle, at mediation, them withdrawing or a judge entering a judgement at a hearing.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #21
              Originally posted by sarsons View Post

              So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

              thanks
              Hi

              So i've had a letter today to say the case has been transferred to a court that is just under 3 hours away.

              it says it is ordered that

              1. The matter be transferred to the county court at Bradford

              2. upon the courts own motion. the court has made this order of its own initiative without a hearing, if you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it... dated 21st

              now do I need to send a letter or can I do this over MCOL? and if its a letter how to I get it set aside?

              many thanks

              and happy Christmas

              Comment


              • #22
                I wonder why it's been sent to Bradford. 3 hours seems extreme if it's just a case of your local court being closed/out of action. What court did you put on your Directions Questionnaire ? ( should have been the same form you filled in saying yes to mediation )

                Your order seems to be the court has decided without having received any application from either party. As you filled in the Directions Questionnaire, and Lowell did, it is the right process for the claim to be allocated to a local court now - they then issue directions and normally a hearing date. Your case does seem to have been delayed somewhat at Northampton CCBC though - it was originally issued in February.

                I might be inclined to give Northampton a ring when they are next open and enquire why it's been sent to Bradford. They are open today and then on the 28th. Once you know that you can decide if you need apply to have it moved ( it would require an application (N244) and a £100 fee to apply ).
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #23
                  Hi Amethyst,

                  I put Northampton as it's the closest, I thought it was just waiting for mediation? I guess we've skipped mediation then?

                  Tried calling and couldn't get through, so is there no way to set this aside then? Does the reply have to be in writing or can I do it on mcol?

                  Thanks Thank

                  Comment


                  • #24
                    Morning

                    I hope the Christmas break was a great one for you,

                    Just got off the phone to Northampton and Bedford as it's not been sent to Bradford although all the information on the letter states Bradford

                    How do I proceed

                    Thanks


                    Comment


                    • #25
                      So it's been transferred to Bedford ? I guess that's not so bad if you're near Northampton.

                      Really now it's been transferred it's a case of waiting for directions from the court - most likely a hearing date with details of when to exchange witness statements and by when the claimant needs to pay their hearing fee xxxx
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #26
                        Thanks for your reply,

                        Yeah the person on the phone thinks it might have been a typo.

                        As I haven't had any information back from Lowell following on from the letters I sent regarding the account they claim I owe other than them saying due to it being a telecommunications account it's not covered by the CCA but ignored my other letter requesting more informainforation

                        How do I get this stopped?

                        Comment


                        • #27
                          Morning

                          I received a notice of allocation

                          And I've got a date for my paperwork to be sent in, they replied to my previous letters with.

                          "as it's a telecommunications account and not regulated by the CCA we are unable to provide copies of any credit agreement

                          We have requested the documents referred to in your correspondence from our client and shall revert back to you in due course"

                          Well this was almost a year ago

                          Is there a template to sending in your documents?

                          Thanks

                          Comment


                          • #28
                            Originally posted by sarsons View Post
                            Morning

                            I received a notice of allocation

                            And I've got a date for my paperwork to be sent in, they replied to my previous letters with.

                            "as it's a telecommunications account and not regulated by the CCA we are unable to provide copies of any credit agreement

                            We have requested the documents referred to in your correspondence from our client and shall revert back to you in due course"

                            Well this was almost a year ago

                            Is there a template to sending in your documents?

                            Thanks
                            Im n ot sure they are right, but lets say they are, where does that leave them? well their claim is based on a written contract, so they need a copy of it, whatever the format they must provide it to you
                            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                            If you need to contact me please email me on Pt@roachpittis.co.uk .

                            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                            You can also follow my blog on consumer credit here.

                            Comment


                            • #29
                              Originally posted by pt2537 View Post
                              Im n ot sure they are right, but lets say they are, where does that leave them? well their claim is based on a written contract, so they need a copy of it, whatever the format they must provide it to you
                              Thank you for your quick replyrour Th what I've thought and because I haven't I cannot find this account their claiming I owe for no old paperwork nothing, I'm not sure how I can defend this? Any ideas on how to draw up the paperwork?

                              Comment


                              • #30
                                Is there an order for you to send in documents / exchange witness statements etc in that notice of transfer ?

                                The order you had
                                1. The matter be transferred to the county court at Bradford

                                2. upon the courts own motion. the court has made this order of its own initiative without a hearing, if you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it... dated 21st
                                doesn't mention a hearing or any directions ? is there something else with it ? or you've received another order from the court after that one?
                                I received a notice of allocation

                                And I've got a date for my paperwork to be sent in
                                be useful to know what that order says.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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