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*** DISCONTINUED *** Catalogue debt

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  • Re: Catalogue debt

    Originally posted by Diana M View Post
    I assume that the DQ refers to the claim being (potentially) allocated to the Small Claims Track not the Fast Track since you refer to a question about Mediation on the form (free SCCMS is not available to FT claims).

    Since this claim is for over £10k you need to think carefully before you agree to it being allocated to the Small Claims Track.

    Lowells will have suggested that in order to avoid the scrutiny they will face with Disclosure which is more thorough in FT. They will also be mindful that if they lost a FT claim they would have to pay your representative's legal costs so they will want to avoid that.

    There are positives and negatives to both tracks so give it some thought before completing the form which asks you if you're happy with the suggested allocation. It won't actually be allocated until it's transferred to your local county court.

    Di
    Thank you [MENTION=5553]charitynjw[/MENTION] and [MENTION=87380]Diana M[/MENTION]. But now I am feeling a bit like a little girl in a world just for grown ups. What would be the worst case scenario if i say it is not acceptable for small claims track? Lowell have not sent any documents to me yet and they have not informed me of the change of solicitors even though they have to inform me too. [MENTION=5553]charitynjw[/MENTION] feels Lowell may produce these documents before the hearing yet [MENTION=6]Amethyst[/MENTION] thinks Lowell wont be able to produce the documents as Littlewoods were very bad at keeping records...Don't know which way to turn. I am totally unfamiliar with all these situations. i have never in my life gone to court for anything..... any advice appreciated

    Comment


    • Re: Catalogue debt

      Originally posted by charitynjw View Post
      Lowells do seem to leave disclosure of documents until the last possible moment (usually 14 days or so before the actual hearing).
      Originally posted by nafta View Post
      @charitynjw feels Lowell may produce these documents before the hearing
      There's a world of difference between producing documents, & those documents being accurate or compliant.
      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


      • Re: Catalogue debt

        Originally posted by charitynjw View Post
        There's a world of difference between producing documents, & those documents being accurate or compliant.
        so i guess the question is do i agree to small claims or go for fast track... totally lost going through the post I must admit i forgot to send the SAR. I think I should sent it now?
        Last edited by nafta; 13th March 2017, 22:06:PM.

        Comment


        • Re: Catalogue debt

          What is the deadline for filing your DQ at court?

          No one can tell you for certain that the Claimant won't be able to produce documents.

          All I can say is that with a claim of this size they will try hard to produce reconstituted documents in an effort to persuade the court that 'on the balance of probabilities' the original documents did exist.

          Di

          Comment


          • Re: Catalogue debt

            Originally posted by Diana M View Post
            What is the deadline for filing your DQ at court?

            No one can tell you for certain that the Claimant won't be able to produce documents.

            All I can say is that with a claim of this size they will try hard to produce reconstituted documents in an effort to persuade the court that 'on the balance of probabilities' the original documents did exist.

            Di
            I have till the 27th March. Reconstituted documents? what does tis mean?

            Comment


            • Re: Catalogue debt

              Originally posted by nafta View Post
              going through the post I must admit i forgot to send the SAR. I think I should sent it now?
              Yes you should

              Di

              Comment


              • Re: Catalogue debt

                Originally posted by nafta View Post
                so i guess the question is do i agree to small claims or go for fast track... totally lost going through the post I must admit i forgot to send the SAR. I think I should sent it now?
                If it was me, & with that kind of money in the balance, I'd certainly think seriously about the advice given at the top of the thread.
                We now feature a number of specialist consumer credit debt solicitors on our sister site, lbcompare.co.uk- If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                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


                • Re: Catalogue debt

                  Originally posted by Diana M View Post
                  Yes you should

                  Di
                  Littlewoods i believe is now shop direct? who should I address the SAR to? I will do it tomorrow morning and post it straight away recorded.

                  Comment


                  • Re: Catalogue debt

                    shop direct all same building:-

                    Skyways House
                    Speke Road
                    Speke
                    Liverpool
                    L70 1AB













                    Comment


                    • Re: Catalogue debt

                      Any chance of a template for this SAR letter? I would like to post it today. Many thanks

                      Comment


                      • Re: Catalogue debt

                        No sooner said........
                        http://www.legalbeagles.info/forums/...ur-information
                        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


                        • Re: Catalogue debt

                          Originally posted by charitynjw View Post
                          I have letter ready. DO I send a postal order for the value of £10?

                          Comment


                          • Re: Catalogue debt

                            yes = statutory requirement
                            Last edited by Amethyst; 14th March 2017, 12:25:PM.

                            Comment


                            • Re: Catalogue debt

                              It is the maximum statutory fee they can charge for a SAR - not all firms will charge it but most do so best to include it with your letter save any hold ups.
                              #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


                              • Re: Catalogue debt

                                I did send the SAR registered si now waiting in that and trying to decide how to fill the DQ as I have little time left.

                                Comment

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