**DISCONTINUED** Lowell CCJ Court Letter - Debt 2009

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Update

I had my mediation email, and spoke to them (explaining that I had received nothing from Lowell) - they said that the matter wasn't suitable for mediation and would be passed to the court.

Not sure if this is a good or bad thing - but it's a thing, so I'll live with it

Good morning it's really not a bad thing, you have agreed to mediate and the claimant has failed to provide the documents to be able to do so.

Shows they possibly don't have anything to send in response to your requests.

nem

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

23rd November

It's happened - I have my court date (January 2017)

I'm actually scared, but only because I don't know what's supposed to happen.

I can't scan the letter until Monday (not in work this week) but the gist seems to be

copies of all documents to be sent to court 14 days before the hearing (I have nothing to send them, is this a problem?)

I can send witness statements (again, nothing to send)

I don't have to be there (I'd rather not) but should I go?


Can anyone give me yet more guidance? It's all very real now, and it's rather scary!

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

23rd November

It's happened - I have my court date (January 2017)

I'm actually scared, but only because I don't know what's supposed to happen.

I can't scan the letter until Monday (not in work this week) but the gist seems to be

copies of all documents to be sent to court 14 days before the hearing (I have nothing to send them, is this a problem?)

I can send witness statements (again, nothing to send)

I don't have to be there (I'd rather not) but should I go?


Can anyone give me yet more guidance? It's all very real now, and it's rather scary!

Hi,

Still no documents?

Refresh please

Date of Last payment?

Date Defaulted?

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Hi,

Still no documents?
I wrote to Lowell in August and followed the guidelines (requesting as below) but still have nothing from them
Agreement / Contract
Default Notice
Assignment
Formal Demand

Refresh please

Date of Last payment? Around September 2009

Date Defaulted? not sure - I stopped paying around September 2009 because I had no money, and didn't pay anything after that. I did offer to pay them in instalments, but they didn't want it.. but that was over the phone around the end of 2009

I can't even find copies of the bank transactions because I've changed bank since then and did all my banking online

Should I submit copies of my letter to Lowell and the proof of delivery (sent recorded) to show that I've followed the process?

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Hi,

Still no documents?
I wrote to Lowell in August and followed the guidelines (requesting as below) but still have nothing from them
Agreement / Contract
Default Notice
Assignment
Formal Demand

Refresh please

Date of Last payment? Around September 2009

Date Defaulted? not sure - I stopped paying around September 2009 because I had no money, and didn't pay anything after that. I did offer to pay them in instalments, but they didn't want it.. but that was over the phone around the end of 2009

I can't even find copies of the bank transactions because I've changed bank since then and did all my banking online

Should I submit copies of my letter to Lowell and the proof of delivery (sent recorded) to show that I've followed the process?

Check your credit files ( Noddle is free online). I suspect this may be statute barred.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Check your credit files ( Noddle is free online). I suspect this may be statute barred.

nem

what am i looking for?

I checked Noddle, and can't see any mention of it (it shows a link to my married name) but nothing from earlier than 2010

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

Hi Dragonswife.

By what date does the Claimant need to pay the hearing fee?

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Hi Dragonswife.

By what date does the Claimant need to pay the hearing fee?

Payable by 14th December

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

& the date given for witness statements/swopping evidence?

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

& the date given for witness statements/swopping evidence?

Fourteen days before the hearing

Just a thought..

If I am going to send in my copy of the letter, and proof of delivery, should I send it "now" because of the postal issues through December? I wouldn't want it to get lost in the Christmas posting?

Do I even need to send my letter requesting further evidence, is this evidence that is relevant?

[Diana M]

Re: Lowell CCJ Court Letter - Debt 2009

If I am going to send in my copy of the letter, and proof of delivery, should I send it "now" because . . .

Do I even need to send my letter requesting further evidence, is this evidence that is relevant?

As I understand things you have to file your WS with evidence 14 days before the hearing. I see no reason to send letters to anyone before then.

Use your WS to raise the SB issue although I can see I've been previously banging on about the need to have done that in your Defence, but for some reason it wasn't included despite you being certain from your first thread post that you had made no payments since 2009.

The hearing fee ought to be a modest sum (£25?) but Lowells will have to pay an agent to attend unless they tell the court to go ahead based on their written evidence only.

They may make a commercial decision not to fight this in court since it's only a £155 claim.

Di

[Diana M]

Re: Lowell CCJ Court Letter - Debt 2009

I have my court date (January 2017)!

What date in January so you can diary date when your WS deadline is going to be (14 days before according to you)?

Di

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

As I understand things you have to file your WS with evidence 14 days before the hearing. I see no reason to send letters to anyone before then.

Use your WS to raise the SB issue although I can see I've been previously banging on about the need to have done that in your Defence, but for some reason it wasn't included despite you being certain from your first thread post that you had made no payments since 2009.

The hearing fee ought to be a modest sum (£25?) but Lowells will have to pay an agent to attend unless they tell the court to go ahead based on their written evidence only.

They may make a commercial decision not to fight this in court since it's only a £155 claim.

Di

Lol!

I was thinking much along the same lines.

The next 'milestone', I guess, is whether they see fit to pay a hearing fee.

[Danny Butts]

Re: Lowell CCJ Court Letter - Debt 2009

Apologies to the OP for thread jacking.

I am just popping in to ask Nemesis if they kept the edits of the defence mentioned in the quoted post, as it will be exactly how I will argue my defence once Lowell fail to supply docs/agreements.

If they could possibly PM me or post in my own thread below, it would be greatly appreciated.

I will bow out now but watch the thread with interest.

Best wishes, good luck and again apologies to the OP.

[Snowboarder]

Re: Lowell CCJ Court Letter - Debt 2009

I cant see them going to court for his, they have to be sure its not statute barred which it seems to be on your evidence of your last payment being sept 2009. even if they put a default to the debt 6 months later and you havent made claim to the debt that will take you well over the 6 years. Then if you have asked for proof of the debt and they haven't produced it how can the courts expect you to accept hearsay.