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Thread: ****DISCONTINUED***** Small Claims Track - Lowell

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  1. #1
    oddball's Avatar

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    Default ****DISCONTINUED***** Small Claims Track - Lowell

    Hi
    Can anyone help I need to know what to do. I got a Claim Form from the County Court Business Centre which I acknowledged (Issued 8th Sept) and sent letters to the Claimant Lowell & their solicitors (15 Sept) requesting the said Agreement (for a catalogue) and paying £1 to each by Postal order, after following information on this forum. I got no response from either. I followed this up with a defence online denying the debt of £300 and pointing out that they hadn't supplied requested Agreement. Then got a response from the Court (7th October) acknowledging receipt of my defence and saying they were sending a copy of defence to the claimants solicitor so they can attempt to resolve (they didn't) and they were to contact court within 28 days after receiving it if they wish to proceed. After that period the claim will be stayed. Then they must apply to a judge to have the stay lifted.

    I then got a Notice of Proposed allocation to small claims track dated to which I must respond by 28 November 2016. Not sure what to do here as I have not received the Agreement that I requested so how can I defence myself against what I'm not sure they have, well I'm pretty certain they don't have one.

    Today I got a letter (dated 9th Nov) from their solicitors saying their client intends to continue with the claim. Still no Agreement received from them.

    I don't see the point in going to mediation as I have nothing to mediate about as I don't have the Agreement asked for. So any ideas what I should do next please?

  2. #2
    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi oddball & welcome to LB.

    Presumably, along with the trial date, venue address & estimated duration of hearing, you will have received standard directions; relied-on evidence & witness statements to be filed with court & sent to all other parties (usually 14 days before hearing).

    If you have not received asked-for documentation from the Claimant/sols, the case isn't usually suitable for mediation, but always indicate that you are willing to mediate. The court will expect both sides to endeavour to settle out of court. It will be a black mark on the Claimant's copybook, & a Brownie point for you!
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  3. #3
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    Default Re: Small Claims Track - Lowell

    Hello and thank you for your reply. I wasn't sure if I had posted in the right place and not sure how to find this area again.
    Yes I did receive the standard directions which I will fill in and return. Do I have to send a copy to the other party or does the Court do that?
    Many thanks for your advice, I thought perhaps to do that but it asks the question do I have enough information to enter into negotiations and of course, I don't have anything. So was reluctant to say that I have.

  4. #4
    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    You are responsible for sending all documents & witness statements to the court & to the other party(ies)/ their solicitors.
    Plus of course a copy of everything for yourself.
    If possible, try to ensure that you exchange documents with the other party at the same time (to avoid giving them an unfair advantage).
    & if you quote case law or statute/regulations, etc., it is wise to have copies of them on hand in court.
    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

  5. #5
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi, I have received another letter from the Court saying that they believe this is suitable for mediation? Along with a Court date in May.

    We have already done all that. I have still not received anything from LP re alleged Agreement which stopped the mediation team the first time. I phoned the mediation team today and explained this and she has told me to contact LP for the mssing info so we can get things started.

    Quick recap - Claim was dated 8 September (issue date).
    15 September I posted letters to Lowell giving them 12 working days plus the fee; also posted to their solicitors (same date) giving them 7 days plus fee (silly me).
    No response so I did my defence online within the time frame.
    7 October Court acknowledged receipt of my defence and sent a copy to the solicitors giving them 28 days to contact them.
    9 November I received solicitors letter says their client intends to continue with claim and its been filed at the court.
    21 November solicitors sent me copy of their Directions Questionnaire
    2 December letter from SCMT saying unable to arrange mediation plus got claim transferred to Court closer to me.

    My two questions are, do time frames mentioned above not mean a thing to the Solicitors and the fact they never responded to me, and what do I put in this letter I am to send them should I put another time frame for them to miss?

    Any ideas much appreciated, thank you

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    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    bump

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    Default Re: Small Claims Track - Lowell

    bump

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    Amethyst's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi Oddball, The letter with the court date should have somewhere on it the dates for paying the hearing fee and exchanging witness statements - basically that's the next step - see if anything turns up document wise over next few weeks and you can be putting together your Witness Statement - usually they are exchanged about 14 days before the hearing. Otherwise everything sounds on track and fine You sent the CCA and CPR requests so really it is seeing if they come up with anything and pay the hearing fee or discontinue.

    My two questions are, do time frames mentioned above not mean a thing to the Solicitors and the fact they never responded to me, and what do I put in this letter I am to send them should I put another time frame for them to miss?
    Nope probably not, they don't care and the court let them get away with it. I wouldn't be chasing them any more - they will have the same letter you have about the hearing date. Without docs there is nothing to mediate so if they do contact you again about that you can reply to that end.

    xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi oddball

    Have you been instructed or notified by the court of a date to exchange documentation?

    Edit
    X-posts with Amethyst.
    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

  10. #10
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi, thanks for your replies . The Court has given hearing date of 19 May and Witness statements to be 14 days before. But when I phoned Mediation Services and told them I still have had no documents they told me to contact Lowells and ask for them again. Should I just phone, or write and if so should I give them another target to get them to me by?

  11. #11
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Sorry tbh I only read the bit at the front of the page about mediation. Yes claimant must pay £55 by 4pm on 5th May or it will be struck out?

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    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    Quote Originally Posted by oddball View Post
    Hi, thanks for your replies . The Court has given hearing date of 19 May and Witness statements to be 14 days before. But when I phoned Mediation Services and told them I still have had no documents they told me to contact Lowells and ask for them again. Should I just phone, or write and if so should I give them another target to get them to me by?
    Amethyst has already given opinion on this (above).
    I concur.
    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

  13. #13
    Amethyst's Avatar

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    Default Re: Small Claims Track - Lowell

    Yep lots of people do Well that's your next 'deadline' ----- then what date does it say Witness Statements want exchanging by ? ( doh just read your other post) Annoying Witness statements exchange on same day pretty much as they have to pay hearing fee. You can start prepping your WS if you'd rather keep busy/on top of things There's a lot of examples about, few in the templates library to get you started
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  14. #14
    Amethyst's Avatar

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    Default Re: Small Claims Track - Lowell

    Quote Originally Posted by charitynjw View Post
    Amethyst has already given opinion on this (above).
    I concur.
    Well thank you muchly kind sir
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Sorry Amethyst, just read 'all' of your reply.............so I just ignore what the mediation service told me to do then, OK.

  16. #16
    Amethyst's Avatar

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    Default Re: Small Claims Track - Lowell

    Pretty much.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    Quote Originally Posted by Amethyst View Post
    Well thank you muchly kind sir
    You are most welcome, ma'am.
    As you well know, I try not to be too controversial.

    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

  18. #18
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi, a couple of questions as I am preparing the Witness Statement and still have some weeks left to do so :

    1) Should I mention the fact that the Court requested this go to SC mediation service (twice) but although I agreed to this (twice) it couldn't go ahead due to non receipt of the docs - Agreement etc?

    2) Can I email the WS to the Court and if so, what's the latest time I can do so before the due date? or should I post and if so does it need to be recorded delivery?

    3) Must the exhibits accompany the email (or post) and if so should they be attached as seperate documents or put into the one document?

    4) Where I put the amount claimed, is that the amount including the Court fees and legal reps costs?

    Thank you for any help again,
    Last edited by oddball; 19th April 2017 at 10:15:AM.

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    warwick65's Avatar

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    Default Re: Small Claims Track - Lowell

    You can email it and 4pm is the deadline I believe although I would post it if I am honest

    Remember you also need to send it to the claimant

  20. #20
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Hi, my Witness Statement, could somebody cast a quick eye over it to see if it's OK. Wasn't sure whether to add the fact this has gone to small claims mediation service twice and failed because of lack of documents?

    IN THE XXXX COUNTY COURT
    Claim No. XXXX

    BETWEEN:
    Claimant
    XXXX Financial Limited

    AND
    Defendant
    XXXX

    _________________________________

    WITNESS STATEMENT OF XXXX
    _________________________________



    I XXXX, being the Defendant in this case will state as follows;

    I make this Witness Statement in support of my defence in the claim.

    1. On or around the 10th XXXX 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £300.88.

    2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

    3. The particulars of claim fail to state when the agreement was entered into.

    4. The particulars of claim state that this claim is for “a Home Shopping agreement regulated by the Consumer Credit Act 1974” between the original creditor and the defendant. I have no idea what this is.

    5. On 15th September 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 and mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Financial Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

    6. On 15th September 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].

    7. On 9th November 2016 the Claimants solicitors sent me a letter [EXHIBIT D] but none of the requested documents were supplied to me.

    8. On 21st November 2016 I received a copy of the Directions Questionnaire from the Claimants solicitors [EXHIBIT E].

    9. I have not received any of the documents mentioned in the claimants claim form.

    11. The Claimant has mentioned the Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

    12. The Claimants pleaded case is that the Defendant entered into an agreement with XXXX Limited under account reference XXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products in the past however the account number given does not relate to any information I have and I have not had any agreement with XXXX Limited, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

    Statement of Truth

    I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: ________________________________

    Dated: ________________________________

  21. #21
    Amethyst's Avatar

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    Default Re: Small Claims Track - Lowell

    I'd add in the mediation efforts. All grist to the mill.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  22. #22
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    Well what can I say - YIPPEE it's been discontinued.

    Posted Witness Statements 'signed for' day before it was due and quite honestly been a bit worried. I also emailed the Court so I knew they had their copy but was disheartened when I checked the tracking for the solicitors which said they tried to deliver it the next day but it was 'redirected'. They finally got it Monday and I was worried but thought hey not my problem if they didn't tell me they had moved or whatever. Anyhows today got letter from them and they have discontinued the court case and filing it with the Court.

    I am so thankful to all those people who have helped me on Leagle Beagles. Muchly appreciated. And to those people currently in cases with Lowell Portfolio I can only say fight on!

  23. #23
    MIKE770's Avatar

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    Default Re: Small Claims Track - Lowell

    well done = ring the court next week to confirm they received the discontinuance notice

  24. #24
    charitynjw's Avatar

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    Default Re: Small Claims Track - Lowell

    Nice one, oddball.

    I'll let @Amethyst & @Kati know........they like a good discontinue!
    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

  25. #25
    oddball's Avatar

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    Default Re: Small Claims Track - Lowell

    To be honest I wasn't sure where to put this post as it's no longer a 'question' or an issue. But guess somebody will move it if not in the right place. I'm so happy I can't think straight, but then I started off like that eh?

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