defense filed late - Lowell offering Tomlin Order or to strike-out my defence

[erudioed]

THE JUDGE INTERVENED! - now I've had a new 'offer';

We were set for mediation, but the documents still didn't appear then I guess the timeline expired. The judge reviewed the case and ordered that (abbreviated):

- the claimant shall by 4pm 9th may file and serve a copy of the deed of assignment (redacted if necessary) in default of which claim shall be struck out. (this deed of assignment was sent to me the day before the deadline)
- claimant will provide the defendant with the same
- if the claimant complies with 1&2 case shall be allocated to small claims track (ref part 27 cpr)
- the rest of the points refer to the logistics of the hearing in Milton Keynes.

THEN... I received a letter from Lowell saying that they had complied with the directions and are keen to agree a tomlin order with an extra £100 added for court processing fees.

so, the mediation didn't happen, the agreement still has not materialised (unless I've missed it somehow). How come the Judge didn't request the agreement be provided for the case to proceed? Is this normal?

I'd appreciate any guidance on this as the time to act seems to be now.

Many thanks

looks like the strike out option is a good way forward so any guidance on how to do this would be appreciated TIA

[erudioed]

Update - they paid the court fee and the hearing date is set. I can't attend the hearing because I have no childcare.

Should I file a defense along the lines of PRA Doyle? They have provided the requested documents (eventually)

Thanks again

[pt2537]

If you dont attend then you will be risking judgment being entered against you, thats the problem

[erudioed]

Thanks Paul, if I can find a way to attend (perhaps with three kids in tow) could I claim the Doyle v PRA defense? Is that how it would work? Sorry I'm just unclear as to how to proceed next. Many thanks

[erudioed]

Hi Amethyst and pt2537, if you're able to advise it would be hugely appreciated as I have now to make an urgent decision.

Lowells provided the evidence (agreement) at the last minute and filed it with the court as evidence on 15/7 with the hearing date set as 1/8. They paid the fee before the judges deadline, which was 11/7.

They have offered me a Tomlin agreement, which now includes the legal fees, so is more than the original tomlin they offered at the top of this thread.

We (on this forum) discussed the Doyle Vs PRA angle.

I've no idea if the agreement they've provided is solid or not (attached, the copy they sent is barely legible - literally unreadable without some guesswork)

I'm unable to attend the hearing due to having three young children, no support and no money for either childcare nor travel to get there. Also, I'd like my husband to be there to represent me, but he cannot attend.

Could you help me to identify my options here?

Can I attempt to change the hearing date either on the grounds of lack of ability to attend (kids, money) or due to needing more time to review the evidence, since it was submitted so late in the day?

Can I file a defense using the Doyle V PRA angle, if so how do I do this? Can this work without my attending court?

Can I represent myself without physically attending? Perhaps via a video link or email?

I don't mind paying what I owe if I do owe it, not so keen on the additional legal costs. Ultimately I have no money to pay anyway and struggle to feed my family (on benefits etc at the moment due to a tough time right now). It's likely that whatever the outcome I can only afford a token £1/month for the foreseeable future. The current amount they want inc fees is just below £4k.

I'd really value any guidance you can give me here as all I can see to do is to accept the tomlin order, but will they allow this with such a low payment plan?

Finally, I intend to go bankrupt as soon as I can afford it. What happens to the Tomlin order then?

Thanks again, hope to hear from you very soon.

[saccadic]

Interested in this case, has there been any developments?

[erudioed]

Update: I can now attend the hearing. Do I cite PRA Doyle?

[erudioed]

Amethyst pt2537 any help in this final hour would be so gratefully received. Think I know what needs to happen, but I don't know how to do it.