• 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 orange/lowell . HELP PLEASE URGENT. 16/1/17

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

  • #61
    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

    Originally posted by suzysue View Post
    When you entered the phones 4u shop did they explain the terms to you, and if so did you sign anything ?
    You state that you were in dispute because of connection problems and you dispute the bill in 2012, what did they do?
    When you stopped making your monthly payments what response did you get from them before they suspended your contract?

    DRAFT ORDER….
    HI GUYS IS IT ADVISABLE TO go down this route that is to to fill out the DIRECTIONS QUESTIONAIRE
    And add this to it ?

    Dear sir,
    Claimant v defendant
    Claim no…………………
    I write in reference to the above matter,
    Please find the completed directions questionnaire,
    I also attach DRAFT DIRECTIONS containing special case management directions pursuant to ,
    CPR 27 (2.2) in which I respectfully ask the Judge to consider.






    IN THE [NAME] COUNTY COURT CLAIM NO:
    B E T W E E N

    CLAIMANTS NAME
    Claimant
    -and-
    YOUR NAME
    Defendant

    DRAFT ORDER

    UPON District Judge reading the Directions Questionnaire filed by both parties and shown as having been read.


    IT IS ORDERED THAT:

    1. This claim shall be allocated to the Small Claims Track.

    2. Unless the Claimant provides the Defendant with the documents it refers to in its Particulars of Claim within 14 days from the date of this Order, the claim shall be struck out.

    3. Upon the Claimant complying with the above, the Defendant shall be permitted to file and serve an amended Defence no later than 28 days from the date in which the documents were served.

    4. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.
    5. Signed statements setting out the evidence of all witnesses on whom each party intends to rely must be prepared and copies included in the documents mentioned in paragraph 4. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.
    6. The original documents must be brought to the hearing.
    7. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

    ….……………………………………………………………………………………………………………………………… ………………………

    WHAT DO YOU THINK ????/

    MANY THANKS , SWANSEA JACK

    Comment


    • #62
      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

      Originally posted by swansea jack View Post
      DRAFT ORDER….
      HI GUYS IS IT ADVISABLE TO go down this route that is to to fill out the DIRECTIONS QUESTIONAIRE
      And add this to it ?

      Dear sir,
      Claimant v defendant
      Claim no…………………
      I write in reference to the above matter,
      Please find the completed directions questionnaire,
      I also attach DRAFT DIRECTIONS containing special case management directions pursuant to ,
      CPR 27 (2.2) in which I respectfully ask the Judge to consider.






      IN THE [NAME] COUNTY COURT CLAIM NO:
      B E T W E E N

      CLAIMANTS NAME
      Claimant
      -and-
      YOUR NAME
      Defendant

      DRAFT ORDER

      UPON District Judge reading the Directions Questionnaire filed by both parties and shown as having been read.


      IT IS ORDERED THAT:

      1. This claim shall be allocated to the Small Claims Track.

      2. Unless the Claimant provides the Defendant with the documents it refers to in its Particulars of Claim within 14 days from the date of this Order, the claim shall be struck out.

      3. Upon the Claimant complying with the above, the Defendant shall be permitted to file and serve an amended Defence no later than 28 days from the date in which the documents were served.

      4. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.
      5. Signed statements setting out the evidence of all witnesses on whom each party intends to rely must be prepared and copies included in the documents mentioned in paragraph 4. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.
      6. The original documents must be brought to the hearing.
      7. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

      ….……………………………………………………………………………………………………………………………… ………………………

      WHAT DO YOU THINK ????/

      MANY THANKS , SWANSEA JACK


      new update, just TODAY 29/3/17 had letter from bw legal collections team

      NO DOUBT SENT OUT TO CONFUSE AND FRUSTRATE LEGAL PROCESSES

      STILL NOT HAD FROM THEM ( lowell/bw legal) ANY OF DOCUMENTS REQUESTED AS STATED IN POC, or REPLY to CCA REQUEST
      Attached Files

      Comment


      • #63
        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

        Originally posted by swansea jack View Post
        new update, just TODAY 29/3/17 had letter from bw legal collections team

        NO DOUBT SENT OUT TO CONFUSE AND FRUSTRATE LEGAL PROCESSES

        STILL NOT HAD FROM THEM ( lowell/bw legal) ANY OF DOCUMENTS REQUESTED AS STATED IN POC, or REPLY to CCA REQUEST
        I have to send DQ back before this weekend, is it advisable to mention on DQ that claimant/bw legal has not complied with CPR31.14 request, and not replied TO cca request, and have not as yet supplied me with the documents outlined in particulars of claim, i am also not in a position to agree to mediation due the fact of lack of these documents,
        no doubt the COURT OFFICER has not looked at my defence prior to sending out DQ/ notice of proposed allocation form.

        I just need to get my head around all this ASAP.
        YOU GUYS HAVE BEEN FANTASTIC AND MOST HELP FULL, SO ONCE AGAIN MANY THANKS, swansea jack

        Comment


        • #64
          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

          Has the Claimant/sols applied for an amendment to their Particulars of Claim?
          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


          • #65
            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

            Originally posted by charitynjw View Post
            Has the Claimant/sols applied for an amendment to their Particulars of Claim?

            I DONT KNOW,.... can i check on line,(ie via, court summary) or best phone court ( mind you last time i spoke to court they said claim was stayed)

            Comment


            • #66
              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

              If it were me, I'd 'phone.
              Also check on the current status of the claim.
              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


              • #67
                Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                Originally posted by charitynjw View Post
                If it were me, I'd 'phone.
                Also check on the current status of the claim.
                I just now telephoned the court ,spoke to clerk, who said...

                claim was stayed on 16 march 2017
                and is now at " listed 20 march 2017
                and DQ SENT....... 20 MARCH 2017

                I asked her if claimant had amended the claim at all she told me NO.
                I also told her i was a little more confused, and that the claimant has not
                responded to CPR31 and CCA REQUEST , and to make a note of this on DQ

                I NEED HELP TO DRAFT THIS
                many thanks, swansea jack

                Comment


                • #68
                  Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                  Okay so they did send their notice to continue on the 15th as per their letter.

                  You can complete the DQ and get it back to the court - send a copy over to the claimant's sols as well. You can make a note on the DQ that the claimant hasn't provided any of the required documents if you like, but without making a formal application it's very hit or miss whether the court takes any notice.

                  The case will get sent over to your local court after that and that's pretty much first time the case will be read, then the court will set a hearing and issue any directions ( usually just to exchange witness statements 14 days before the hearing )
                  #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


                  • #69
                    Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                    Originally posted by Amethyst View Post
                    Okay so they did send their notice to continue on the 15th as per their letter.

                    You can complete the DQ and get it back to the court - send a copy over to the claimant's sols as well. You can make a note on the DQ that the claimant hasn't provided any of the required documents if you like, but without making a formal application it's very hit or miss whether the court takes any notice.

                    The case will get sent over to your local court after that and that's pretty much first time the case will be read, then the court will set a hearing and issue any directions ( usually just to exchange witness statements 14 days before the hearing )

                    going to add this to DQ...... what do you think?
                    AS YOU SAY HIT OR MISS...


                    On the 18/01/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Claimant's Solicitor. I requested the Claimant provide copies of the executed agreement regulated by the consumer credit act 1974 for the account, Default Notice and Notice of Assignment] .

                    . Claimant's Solicitor has not sent any of these documents to me.

                    . On the 18/01/2017 ,I sent a request to the claimant, Lowell Portfolio 1 Ltd under the provisions of sections. 77/78/79 of the Consumer Credit Act 1974 with the £1.00 statutory fee.

                    . The claimant, Lowell Portfolio 1 Ltd, has not complied with the request and therefore is unable to enforce the debt

                    Comment


                    • #70
                      Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                      hi guys case is going to court on...... 7 july 2017
                      THE JUDGE SET AN UNLESS ORDER they had to reply and submit documents by 9 june 2017 (they submited on 8 june 2017)
                      guess what? they have not sent all what was asked for in POC

                      I HAVE GONE THROUGH THEIR WITNESS STATEMENT/ COURT BUNDLE..
                      THERE ARE PROBLEMS AND ISSUES WITH THEIR REPLY

                      i just need to get my head around it..

                      unlesss order
                      Last edited by swansea jack; 16th June 2017, 00:14:AM. Reason: adding info

                      Comment


                      • #71
                        Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                        unless order

                        Comment


                        • #72
                          Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                          Well done getting the unless order

                          What did the unless order ask for ? DN, NOA and Agreement ?

                          What have they sent?

                          Did you send your witness statement or was the unless order just for the claimant?
                          Last edited by Amethyst; 16th June 2017, 07:35:AM.
                          #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


                          • #73
                            Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                            unless order by the judge
                            Attached Files

                            Comment


                            • #74
                              Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                              Originally posted by swansea jack View Post
                              unless order by the judge
                              Did you file your Witness Statement by 9th June as per that Order?

                              Did the Claimant pay the hearing fee by 9th June as per that Order (it seems that's the only "unless" part of the Order).

                              Di

                              Comment


                              • #75
                                Re: court claim orange/lowell . HELP PLEASE URGENT. 16/1/17

                                any way going through the court bundle, there are issues...

                                1, assignment letter referenced to on poc states date of 28/11/2013..

                                yet assignment letter from supposedly sent to me from orange saying account was sold to lowell in court bundle states date of 17/12/2013 also looks to be fabricated... no ORANGE logo, no ORANGE address, no bar code, no official EE trade mark info,,,,,,,,,,
                                looks to photo- shoped .

                                2. also lowell assignment letter stating ORANGE HAD SOLD TO THEM ... states sold on date of 17/12/2013 .... this letter also looks to be dodgy? lack of logos, csa info,company registration info etc.

                                3 the dates dont match to poc statement,

                                4.they state in poc that default notice was " served and not complied with"
                                DEFAULT NOTICE NOT IN COURT BUNDLE,

                                5 NO CCA REPLY OR AGREEMENT IN BUNDLE.

                                6, TERMS & CONDITION'S IN BUNDLE REFER TO " ORANGE TERMS PRODUCED IN 2014
                                they state in particulars of debt that agreement was entered into with orange APRIL 2012
                                how can it be that 2014 t&c can be applied to contract dated 2012

                                the orange service was disconnected/terminated febuary 2013

                                I WOULD BE HAPPY FOR SOME ONE HAVE LOOK AT THE BUNDLE

                                MANY THANKS SWANSEA JACK

                                I DID NOT FILE A WITNESS STATEMENT
                                SHALL I WRITE TO COURT REGARDS DOCUMENTS BUNDLE?
                                Attached Files

                                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.
                                Working...
                                X