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Thread: **DISCONTINUED** Lowell County Court Business Centre Claim

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  1. #26
    R0b's Avatar

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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.
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  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?
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  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.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO 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.
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  9. #34
    joshb's Avatar

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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.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO 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?
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  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.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO 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.
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  16. #41
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    Default Re: Lowell County Court Business Centre Claim

    Hi again, been a while but I'm in need again @R0b!
    so since I last spoke the judge ordered for the claimant to provide the original copy of the agreement, default notice and notice of assignment. They haven't been able to provide the original agreement so I therefore wrote a letter to the court. See attached expecting it to be over and now I've received the attached from Lowell stating they don't have to? If it's a court order via judge they don't have a choice right? Since the court order I've received nothing from the courts. Should I sit tight?
    Thanks for your help in this rob I couldn't of got this far without you!!
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  17. #42
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    Default Re: Lowell County Court Business Centre Claim

    Hi Josh,

    Just FYI the Order itself seems contradictory. When you drafted the order it should have been either the documents referred to in the Particulars of claim or the relevant documents you listed, not both. By having both you are giving the Claimant the option to comply with one or the other (especially if there are less documents referred in the particulars of claim which is often the case) and the Judge ought to have clarified that as having both is not providing much clarity.

    Regarding Lowell's position that the agreement was not regulated, how do they know that if they don't have a copy of the agreement or terms and conditions? That position is also contradictory to their pleadings in the particulars of claim which says a default notice was served, yet they are now trying to backtrack? If they knew that the agreement was not regulated then they should be able to provide evidence to that effect but then why did they plead a default notice was served? I suspect it will have been a copy and paste job from a previous claim form and done by mistake. Nevertheless, an argument which shows they have nothing about this agreement between you and Vodafone and a bringing a claim which they do nto have sufficient evidence.

    Not providing the agreement or copies of the T&Cs because you may have already received them is not sufficient, particularly if the court has ordered a copy to be provided. Lowell would have had an opportunity to vary that order but assuming they chose not to and that's their fault, not yours.

    Did you attend court for these directions or did the court order them without a hearing?

    Is Exeter County Court your local court?
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  18. #43
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    Default Re: Lowell County Court Business Centre Claim

    They ordered them without a hearing and yes exeter is my local court.

    i should of come back here before sending anything but assumed I was doing the right thing, wording in courts etc is very specific!
    should I wait to hear from the court or draft them another letter? with what you have stated above?

    regarding them stating they don't have to provide the original agreement that's exactly what I thought. How do they know if they don't have it!

    cheers @R0b!

  19. #44
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    Default Re: Lowell County Court Business Centre Claim

    It would be helpful if you could upload a copy of the notice of assignment there may be defects in that too.

    Setting aside the issue of the original agreement, Lowell should have provided the notice of assignment by 3 April at the very latest. Their letter is dated 12 April and assuming it got to you a couple of days later then thats almost two weeks later than the date that they must have complied with. Again I am assuming they did not make an application for an extension of time or relief from sanctions, then the claim is automatically struck out as per the Judge's order.

    As it stands, since Lowell have failed to comply, their claim has been struck out and judgment found in your favour which in effect, means Lowell have lost. Not sure why they are looking forward to the curt's further directions as they would now need to appeal.

    Since Exeter is your local court, you could write a letter and post it directly or hand it in at Exeter court stating that Lowell have failed to fully comply with the Order (enclose a copy of it) by the district judge and ask for the matter to be put back in front of the Judge who made the original order or any other available judge, confirming that Lowell having failed to comply with the unless order, the claim is struck out and dismissed.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  20. #45
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    Default Re: Lowell County Court Business Centre Claim

    Will reply below.
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    Default Re: Lowell County Court Business Centre Claim

    As of yet I've received no further correspondence from the court except for the previously attached court order they issued.
    since then I have sent a letter to exeter courts see my first attachment above asking for it to be struck out.
    should I now write again with the information you've provided above? Is there a template I can get for this as wording can be an issue for me as you've noticed previously.
    im hoping after this long battle with Lowell they now don't have a leg to stand on!

    thanks again!

  22. #47
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    Default Re: Lowell County Court Business Centre Claim

    When did you send the letter to Exeter? maybe you should give them a call and see if it has been received and if so what stage is it at?

    There's no point sending a further letter if the court has already received your previous one and is yet to be considered. If they haven't received it then maybe another letter should be sent if it has been some time since.

    Both of those letters look dubious to me, neither of which appear to be a notice of assignment. A legal assignment does not take effect until you have been given the proper notice to say it has been assigned to another in writing.

    Those letters are simply stating that Lowell solicitors have been instructed to Act but nothing within it says the debt has been purchased and/or assigned from Vodafone to Lowell. The other dubious issue is that it is not on headed paper and appears to be copy and pasted on a blank piece of paper. It is a legal requirement under the Company Trading Disclosure Regulations that all companies must include certain information on their letters e.g. registered number and registered address, logo etc. Failing to do so is a criminal offence and although that is not the be all end all, providing a copy of the purported notice of assignment without being on headed paper creates doubt as to whether one was sent in the first place and in any event, neither letter gives any indication that it has been assigned.

    First thing to do is to call the court and see if they have received your previous letter and go from there.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  23. #48
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    Default Re: Lowell County Court Business Centre Claim

    Hi I have received a Claim form From the Claimant Lowell Portfolio In the County Court Buiness Centre on white paper, Its 4 pages long. N1SDT, N9SDT, N9A (SDT) and N9B (SDT). This is for a debt from back in 2010 which I argued with and then was no longer at the property for. Over the years several different companies have tried chasing me for this but everyone I have contacted them explained my defence of why I am not paying it they have stopped perusing. Then a year goes by sometimes more sometimes less then another different company takes up the alleged debt and we go again. This time it has be Lowell's turn and they accepted what I said and nothing further happened, a letter came a few months from them and I will be honest I ignored it I've had enough according to my credit file this will be reported on my file until June 2017. I only have a few months.... what do I do about this I apparently have to respond within 14 days of the day of service. The day of service is 5 days after the issue date (date issued: 18th April 2017).

    Thanks for taking the time to read this,
    Gemma

  24. #49
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    Default Re: Lowell County Court Business Centre Claim

    So... I managed to get ahold of the courts and they advised me that it was with the judge yesterday 20th April and i would hear back by letter within 10 working days.

    Heres to hoping!

  25. #50
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    Default Re: Lowell County Court Business Centre Claim

    Fingers crossed, its unusual for a judge (if ever) to go against what a previous judge has already ordered, unless one of the parties has asked to vary or appeal the order. Since there is an unless order made and Lowell have failed to comply, the right decision ought to be that the claim is struck out and dismissed.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


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