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Thread: Lowell County Court Business Centre Claim

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  1. #26
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    Default Re: Lowell County Court Business Centre Claim

    In the subject I would usually go with "Claimant v Defendant - Claim No. XXXX" and in the body you can provide a covering statement that it is a defence. PDF is fine and would recommend sending it by PDF because you need to sign the defence anyway.

    I Had a quick look at your new defence, I can still see at para. 13 there is bold wording

    Para. 10 repeats para. 3 so take out para 10.

    Para. 11 has wording in bold and question marks, they need to be amended too.

    I would bring up the statement of truth so its at the bottom of the page and not over two pages.

    If you filing by email you don't need to do it online if it doesn't fit, MCOL will update it.

    You may be wise to send Lowell a copy of the Defence too and confirm to them it has been filed.
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  2. #27
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    Default Re: Lowell County Court Business Centre Claim

    Morning @R0b
    sorry for the late reply, unfortunately I didn't get your last reply before I submitted my defence so therefore it was left as it was without the bold and "?".
    monday I received this questionnaire form which I've attached.
    i also received one from Lowell which I will attach below. I need to get this sent out in the post before the 13th
    im guessing I fill in my part then photocopy and send Lowell a copy too?
    where does this go from here? I've read another thread you helped someone in and they submitted there's and the judge requested the original paper work from Lowell will this be the same case?
    Attached Thumbnails Attached Thumbnails IMG_6144.jpg   IMG_6145.jpg   IMG_6146.jpg   image.jpg   image.jpg  


  3. #28
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    Default Re: Lowell County Court Business Centre Claim

    I know your probably a busy man @R0b hope you can reply to this soon.

    Thank you in advance

  4. #29
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    Default Re: Lowell County Court Business Centre Claim

    Hi guys, would really appreciate some help on this one can someone give @R0b a nudge?

  5. #30
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    Default Re: Lowell County Court Business Centre Claim

    Hi Josh sorry, when is the deadline for completing the DQ, 13 March?

    I'm not sure which thread you mean, but I can only think that I suggested special directions from the judge - it doesn't always work as each judge goes about things in their own way, or they may say you need to make an application but you can attach a draft order with a covering letter and try asking for special directions for Lowell to provide the documents within 14 days or the claim will stand as struck out/dismissed.

    Depending on what you are asking the court to do, your draft order may differ from others posted on here.
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  6. #31
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    Default Re: Lowell County Court Business Centre Claim

    Hi rob, yes the deadline is the 13th of march and I'd prefer to post it rather than email. Would I attach my request with the DQ?
    is there a template I can use for this? Is it worth doing?
    thanks in advance @R0b

  7. #32
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    Default Re: Lowell County Court Business Centre Claim

    Where it says. Do you agree to this case being referred to the small claims mediation service they have ticked yes? See photos above?

  8. #33
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    Default Re: Lowell County Court Business Centre Claim

    You can select the option to agree to mediation, but is unlikely to do much though it is an opportunity for you to try and settle the matter without it going to court.

    As for the witnesses section, you will need to put 1 person if it is only you giving evidence.

    I don't have anything specific to hand about special directions, though I have uploaded something which has been cobbled together which you can use as a starting point. You will see there are sections in brackets, they will need to be amended depending on the type of wording you wish to use - see paragraph 1. You will also need to complete the heading at the top and fill in the required information.

    You can fill out the DQ online and then print it off rather than writing by hand and going to this link https://formfinder.hmctsformfinder.j...k/n180-eng.pdf
    In section C1 in the box, you can suggest something like "The Defendant also requests special directions from the court pursuant to CPR 27.4 (a draft is attached)"

    Again, no guarantee as the court may either ignore it or suggest you make an application for further directions or in some cases the judge will allow it for one reason or another, sometimes because there is a lack of sufficient information in the particulars of claim.
    Attached Files Attached Files
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  9. #34
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    Default Re: Lowell County Court Business Centre Claim

    Thank you for that @R0b, all makes sense. in the draft you've uploaded it mentions the judges name and the court at which the hearing will be. at this moment in time i dont have that information so do i wait before sending until i receive something with this information? just send the questionnaire for now?

  10. #35
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    Default Re: Lowell County Court Business Centre Claim

    Assuming the claim has not been transferred to any local court yet, it will be in the Northampton County Court Business Centre

    The order is a draft one so the blank spaces where it says "District Judge ......" and "Dated ......" do not need to be completed by you. The purpose of the draft order is to show the judge reading the case what you are seeking and he/she might approve it in its current format.

    All your required to do is complete the court name, claimant & defendant and claim reference

    The judge may inevitably allocate the claim to small claims track and insert the provisions from the draft order in their directions on the notice of allocation document, it all depends.
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  11. #36
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    Default Re: Lowell County Court Business Centre Claim

    Perfect, will get this sent out today and will keep you updated.

    Thank you!

  12. #37
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    Default Re: Lowell County Court Business Centre Claim

    Where it mentions

    Document 1
    Document 2

    Should i not change that to 'The original agreement? @R0b

    - - - Updated - - -

    I did also find this draft?
    Attached Files Attached Files

  13. #38
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    Default Re: Lowell County Court Business Centre Claim

    You can change it to whatever you want to require, presumably whatever is mentioned in the particulars of claim. Common examples will be the agreement, default notice, notice assignment etc.
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  14. #39
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    Default Re: Lowell County Court Business Centre Claim

    HI, RATHER annoying received a letter from Lowell Solicitors sent a letter from advice received in the forum about getting written proof of contact owing to vodafone or lowell portfolio. Received a letter today date 8/03/17 that "our client is under no obligation to provide me with documents relating to my claim".
    With respect to proof of the claim, our client does not have to provide you "me" any form of "proof of agency" to evidence that they are the legal owner of the debt. (THIS SOUNDS ALL RATHER I want your money regardless) this is postal money debt scam.)
    The do provide the account relates to a former Vodafone account opened 19/01/2011 number 0754430264 "I've never owned a phone number with that number". Amount is £738.19
    I sincerely, hope someone can help me further with the next letter I can write to them back with, OH another thing, they say ( We will not besponding to any further correspondences raisnt the above issues, blah blah blah and that there is a CCJ entered by the court to pay £50.00 per month. I HAVE NEVER RECEIVED A CCJ from the court about any injunction against me. Is this normal?
    I look forward to help regarding this injustice and I DONT OWE THIS AND THERE IS NO PROOF, and they are saying they are not obligated to send proof of debt.
    Thanks Taylor

  15. #40
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    Default Re: Lowell County Court Business Centre Claim

    Hi Taylor

    Do you have your own thread on LB?
    If so, please provide a link or state where it can be found.
    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

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