Lowell response to CAA
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so today I received a letter from the local county court "directions on allocation to the small claims track, and notice of trail date" I am a little confused as to how this has happened as Lowell have still not responded caa request nor sent a statement of account or original copy of credit agreement???
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It's just going through the court process - the last time they have really to provide the documents will be in the witness statements ( if you've got the notice of hearing there should be directions as to when witness statements need exchanging ( and when the claimant needs to pay the hearing fee ).#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
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Reading back we don't actually have much info on what the claim is for and what defence you entered.
Also note you say
Lowell have provided me with a copy of the deed of assignment
Is it actually the deed or just a notice of assignment ?
Any default notice?
What was the original debt and how much is the claim ?#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
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To clarify: the alleged debt is over £3000. Lowell have not provided statement of account, copy of original signed credit agreement, nor have they, or original creditor, responded to the CAA request, sent any legally binding documentation to support their claim. As stated in this thread, the court advised that mediation was not applicable due to the absence of the relevant documentation, so when sending directions questionnaire back to the court, I took their advise and said no to mediation and awaited their response. They have now sent "Directions on Allocation to the Small Claims Track, and Notice of Trial Date".
From receipt of this - do I now apply to the court to have the Order changed by being set aside or stayed, or do I await Lowell not paying the court fees by given date from the court and not being able to provide the relevant documentation and this case being struck out regardless. Why has the court not struck this out already when the claimant has not provided any evidence, I am confused how a hearing date is even applicable with this in mind?
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wookie sent me the following by PM
hello id seen you have been helping hybridtheory and seem to be very much in the know I am basically in exactly the same position but today a letter came through from the court with a hearing date ??? Lowell have failed to send me original copy of credit agreement or statement of account in fact they have sent no evidence what so ever to support their claim so iam a little confused as to how there is a hearing date / hope you can help cheersCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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What I meant in my post is how has a judge looked at what's been presented so far and granted them a court hearing date?? Why have they not struck the claim out before it's even got to this stage ? Lowell have literally provided nothing no deed of assignment no original signed copy of credit agreement no statement of account just letters from themselves ??? I don't get it?
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Originally posted by Wookiee View PostThanks for replying so what do you suggest I do ? Sit and wait or take the option of applying to change the order to stayed ? Think I only have 7 days and have to pay a fee
Originally posted by Wookiee View PostWhat I meant in my post is how has a judge looked at what's been presented so far and granted them a court hearing date?? Why have they not struck the claim out before it's even got to this stage ? Lowell have literally provided nothing no deed of assignment no original signed copy of credit agreement no statement of account just letters from themselves ??? I don't get it?
All you can do is wait I'm afraid.
COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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take the option of applying to change the order to stayed
When do your witness statements need exchanging ?#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
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No worries, I'll keep an eye out later and post back on here#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
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