hi everyone. sorry to jump up here bjut really hoping someone can hep, ok to cut a long story short i received a court claim pack in august for lowell for 3 debts {never had any of them and 1 is on my credit file as defaulted} i rang the company straight up and they were quite menacing if im honest basically they must hear it everyday that its not my debt, so i acknowlededged the county court pack and said i will be defending it, mediation hasnt worked and ive been in contact numerously with the debt company trying to find new information regarding the debt, the court date has just come through post so id like to start making my defence, heres my problem, 1st debt was with shop direct {littlewoods} they say they cannot provide a default notice but have sent what one would of looked like, but cannot provide a true one, thats whats on my credit file next one is sky tv, they basically wont give me anything from them no agreement bills information all they sent was a notice of assignment copy the next is talk talk and again theyve sent a bill from about 2018 under a diffirent name to mine but similar and a address i just dont recognise again no agreements or final demands etc, i just dont know where to go next, luckily i have rented the same property since 2010 until 2021 and have offered to provide my origional tenancy agreement and a letter from my former landlord, i am officially worried now, any help would be greatly received
bloody lowell again!
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If you have gone through mediation you have already filed your defence, what was it?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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Originally posted by FRANKIETEL View Posthi everyone. sorry to jump up here bjut really hoping someone can hep, ok to cut a long story short i received a court claim pack in august for lowell for 3 debts {never had any of them and 1 is on my credit file as defaulted} i rang the company straight up and they were quite menacing if im honest basically they must hear it everyday that its not my debt, so i acknowlededged the county court pack and said i will be defending it, mediation hasnt worked and ive been in contact numerously with the debt company trying to find new information regarding the debt, the court date has just come through post so id like to start making my defence, heres my problem, 1st debt was with shop direct {littlewoods} they say they cannot provide a default notice but have sent what one would of looked like, but cannot provide a true one, thats whats on my credit file next one is sky tv, they basically wont give me anything from them no agreement bills information all they sent was a notice of assignment copy the next is talk talk and again theyve sent a bill from about 2018 under a diffirent name to mine but similar and a address i just dont recognise again no agreements or final demands etc, i just dont know where to go next, luckily i have rented the same property since 2010 until 2021 and have offered to provide my origional tenancy agreement and a letter from my former landlord, i am officially worried now, any help would be greatly received
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To even have received Form N180 you must have filed a Defence, so what was the defence?
Can you copy and pasted the notes that show what's happened on the case to date from the MCOL site?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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I think JaguarsUK would like to know what your defence is. In other words, what are the grounds on which you are contesting the claim against you?
That said, it seems likely that once Darlington County Court Centre gets its act together following transfer of the case there, they will issue a timetable for the case including mediation.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostI think JaguarsUK would like to know what your defence is. In other words, what are the grounds on which you are contesting the claim against you?
That said, it seems likely that once Darlington County Court Centre gets its act together following transfer of the case there, they will issue a timetable for the case including mediation.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.
Comment
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Originally posted by atticus View PostI think JaguarsUK would like to know what your defence is. In other words, what are the grounds on which you are contesting the claim against you?
That said, it seems likely that once Darlington County Court Centre gets its act together following transfer of the case there, they will issue a timetable for the case including mediation.
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what would you seek to get out of mediation?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View Postwhat would you seek to get out of mediation?
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That is what I was wondering. But you seem to have requested mediation, so may yet have to endure the process when the court gets round to dealing with this case.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostThat is what I was wondering. But you seem to have requested mediation, so may yet have to endure the process when the court gets round to dealing with this case.
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How do you propose to resolve this if you are not going to offer anything?
NB, you can reply without quoting.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Mediation is not the same as compromise, altho' compromise is most often the way to resolve disputes.
To avoid the stress of court, and to save hours of work (and avoid the risk of losing), compromise may be considered worthwhile, even where one is in the right
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CPR 31.14 Request
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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