Lowell response to CAA

[Wookiee]

[Wookiee]

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???

[Wookiee]

Amethyst jaguarsuk

[Amethyst]

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 ).

[Amethyst]

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 ?

[Wookiee]

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?

[jaguarsuk]

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 cheers

The reason they are progressing is they hope to get the documents before the deadline to submit evidence or scare you into paying up. Some faced with a looming hearing might shudder at the thought and just decide paying the debt is a lesser evil than having to go to court.

[Wookiee]

Thanks 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

[Wookiee]

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?

[jaguarsuk]

Thanks 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

You as the defendant won't be paying a fee, that part of the notice is for them.

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?

Because they don't actually have to provide the evidence until the point of exchanging Witness Statements even if you have made a part 31.14 request, it just does not look favourable on them in determining costs if they leave it until the last minute.

All you can do is wait I'm afraid.

[Amethyst]

take the option of applying to change the order to stayed

I'm not sure where that has come from, if you aren't sure about anything in any letters that come from claimant or the court, just do a quick picture and post them up so we can check... sometimes the wording is a bit odd and unecessarily complicated. Or you can email me admin@legalbeagles.info.

When do your witness statements need exchanging ?

[Wookiee]

Amethyst i will e mail them over to you tonight Ok thanks a lot you 2 that's great much appreciated

[Amethyst]

No worries, I'll keep an eye out later and post back on here