• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Claim - defence submitted recieved Directions questionaire

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court Claim - defence submitted recieved Directions questionaire

    Received a claim? : Yes
    Issue Date: 16th May 2017
    Amount approx: £571
    Claimant: Lowell Portfolio 1 ltd
    Solicitor: Cohen Cramer Solicitors
    Original Creditor: Shop Direct

    Particulars of Claim:

    The Claim is for £xxx.xx
    due by the defendant under a agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account number xxxx xxxx

    The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with

    The debt was legally assigned to the claimant on 12/Aug/2011 notice of which has been given to the defendant.

    The claim includes statutory interest under S.67 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue if these proceedings in the sum of £xx.xx

    The Claimant claims the sum of £xxx.xx

    Is the debt Statute Barred? Due to go Statue barred 10/Aug/2017

    List any letters you have sent:

    16/3 Statue Barred Letter - Received a copy of credit agreement no Signature just typed name advised not statue barred as assigned on the 11/Aug 2011

    7/5 - Pre Action Conduct - Section 7 Exchanging Information before starting proceedings
    24/5 - CPR18 request for further information sent to Solicitor



    Good Evening Legal Beagles,

    This is my first post to your site. I have been reviewing your forums for some time. I have received a court claim. Acknowledge the service and submitted my defence. The only documentation I have received is a credit agreement no signature just a printed name. I believe this account was taken out by my Ex fraudulently.

    ​The claimant solicitor has not supplied any documentation in my Pre action or CPR 18 Request all that I have had a response to is my pre action protocol letter that documents will be disclosed on or before as directed by the court

    I had sent a CPR 18 letter to the solicitor and had no further correspondence from them and now my defence has been submitted I received a letter from the court to advise acknowledgment of the defence and it was being sent to the claimant to respond within 28 days or it can be stayed.

    Today I have received a directions questionnaire stating it appears to be suitable for the small claims track and I am advised that I must respond by 20th July

    I need some help with this next stage please. Do I agree that its due to goto small claims mediation. What does this look like and how to proceed?

    Thank you for your help and Guidance

    Audiocash








    Tags: None

  • #2
    Re: Court Claim - defence submitted recieved Directions questionaire

    Hello Again,

    Today I received a letter from Cohen Cramer stating

    We have been served with a copy of my defence filed in these proceedings.

    Please note that as this claim is now defended it is now being transferred to our client to be dealt with by their in house legal departments

    Is this normal practise? In a previous claim that I defended there was never any need of this to be transferred back to the client and the proceeding were struck out in my favour!!

    Thanks for your help with this and what to do with the direction questionnaire

    Regards

    Audiocash

    Comment


    • #3
      Re: Court Claim - defence submitted recieved Directions questionaire

      Happens in a lot of cases passed back into house solicitors

      Comment


      • #4
        Re: Court Claim - defence submitted recieved Directions questionaire

        Thanks Mike for the info.

        Comment


        • #5
          Re: Court Claim - defence submitted recieved Directions questionaire

          Is the DQ which you have received sent to you by the court, or is it the copy which is sent by the Claimant/sols?
          If it is via the court you will need to complete it & send it back to the court by the stated deadline, plus send a copy to the other party/solicitor.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Court Claim - defence submitted recieved Directions questionaire

            What was the date of the default notice?

            Comment


            • #7
              Re: Court Claim - defence submitted recieved Directions questionaire

              Hello Ostell, Default notice on my credit report was 10/08/2011

              Comment


              • #8
                Re: Court Claim - defence submitted recieved Directions questionaire

                Hello charitynjw,

                Thank you for your reply. I have received it directly from the court! At the weekend I received a letter from Lowell Solicitors with a copy of their response where they have sent it to the court.

                Their DQ states to the questions

                Do you agree to case being referred to the small claims Mediation Service A1 = Yes
                Do you agree that the small Claims track is the appropriate Track for this case C1 = Yes
                Hearing Venue = Not completed
                Expert advice D2 = No
                Witness D3 = 0
                Hearing D4 = No

                I have sent letter to the claimants original solicitor of Pre Action Protocol and also CPR 18 no response. The only question I am stuck on is C1 as they have not supplied any proof of legal ownership as requested under pre action and also CPR18.

                Should I be putting no in this box and state my reason as per my defence that they did not provide the documents I requested?

                Thanks for your help

                Kind regards

                Audiocash


                Comment


                • #9
                  Re: Court Claim - defence submitted recieved Directions questionaire

                  Have you had official notification of change of solicitor yet?
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Court Claim - defence submitted recieved Directions questionaire

                    Originally posted by charitynjw View Post
                    Have you had official notification of change of solicitor yet?
                    I had a letter from Cohen Cramer on the 29th June saying that the claim is now defended it has been passed back to the in the house solicitors!

                    Then I recieved a letter from the In house with a copy of their DQ

                    Comment


                    • #11
                      Re: Court Claim - defence submitted recieved Directions questionaire

                      That is not sufficient, really.
                      If it were me I'd phone the court to see if they have been officially notified of the change.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Court Claim - defence submitted recieved Directions questionaire

                        Originally posted by charitynjw View Post
                        That is not sufficient, really.
                        If it were me I'd phone the court to see if they have been officially notified of the change.
                        Good Morning,

                        Would I call Northampton regarding this? I did find it strange that it was passed back to the in house solicitors? Is there anything I should be saying directly to the court when I make this call? Is this something that I can use later on when it moves to its next stage?

                        Sorry for all of the questions!!

                        Regards,

                        Audiocash

                        Comment


                        • #13
                          Re: Court Claim - defence submitted recieved Directions questionaire

                          Hi

                          Yes, 'phone Northampton CCBC.
                          It could be that they have already been advised but the paperwork is still in the 'pending' pile.....from what I hear there is quite a backlog there.
                          But dotting 'i's' & crossing 't's', until you are officially informed of the change, their legal rep remains that person or firm which is nominated on the claim form. If the Claimant wants to change horses, it's up to them to sort out the legal technicalities.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Court Claim - defence submitted recieved Directions questionaire

                            Originally posted by charitynjw View Post
                            Hi

                            Yes, 'phone Northampton CCBC.
                            It could be that they have already been advised but the paperwork is still in the 'pending' pile.....from what I hear there is quite a backlog there.
                            But dotting 'i's' & crossing 't's', until you are officially informed of the change, their legal rep remains that person or firm which is nominated on the claim form. If the Claimant wants to change horses, it's up to them to sort out the legal technicalities.
                            Hi,

                            Thanks again for your help will get onto the Northampton CCBC to check.

                            On the claim form the Claimant is Lowell however the address to send documents and payments (if different) Is Cohen Cramer Solicitors.

                            In regards to the DQ would I return it to Cohen or Lowell Solicitors?

                            The only point I am stuck with is Section C1 on the DQ Should I choose Yes or No. The Claimant has not provided any of the documentation I asked for in my Pre action Protocol and also my CPR18 request. Or is this something I should bring up with the mediator?

                            Thanks for your help once again

                            Audiocash

                            Comment


                            • #15
                              Re: Court Claim - defence submitted recieved Directions questionaire

                              C1 is to give your preference for the track.
                              A case such as yours will virtually certainly be Small Claims.

                              Bring up lack of documentation with the Mediation Service &, if still applicable at the time, in your Witness Statement (in due course).

                              Contact the court re change of sols, but if in doubt, carry on with Cohens until you are officially advised otherwise.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X