**discontinued** county court document received have no idea what to do.

[whu]

Amethyst jaguarsuk Many thanks for your help i am surprised that a company would start proceedings like this without the paperwork required to actually take someone to court is this common? Might i never hear from them again or should i expect them to continue with this at some point?

[jaguarsuk]

Amethyst jaguarsuk Many thanks for your help i am surprised that a company would start proceedings like this without the paperwork required to actually take someone to court is this common? Might i never hear from them again or should i expect them to continue with this at some point?

See my post #70, it's very common.

[Amethyst]

Sadly yes it is common. As they have sent you a Directions Questionnaire they might intend to continue, but likely will have to wait for documents from the original lender first. Then usually they seem to apply to lift the stay and request summary judgment.

You could apply for compliance with your CPR 31.14 and CCA request for an unless order ( provide docs or be struck out for abuse of process ) to get things back moving, but this does cost the application fee ( £255 ) and COULD result in more costs awarded against you if you lost ( if the judge didn't grant an unless order ) so it's a little bit of risk, but tends to get things 'over with' sooner.

At this stage there's no right answers, if you leave it they might never come back, they could come back next week, or in two years .... it's a crap system IMO. We do tend to 'wait and see' now after a couple of unless order applications failed due to being small claims and full costs being awarded against the defendants... so little bit pensive on that now, although it was a few years back.

Sometimes, it helps to get a solicitor involved as a threat of an unless order from a solicitor carries a lot more weight ... and could nudge a discontinuance - but again that is likely to carry a cost.

[warwick65]

Am i correct in thinking the claim is £500 ish?

If the is the case it is almost certainly uneconomic to instruct a solicitor unless they are being particularly obstructive

As for Lowell solicitors, I can never decide if they are incompetent or duplicitous - for example, in my case after acknowledging receipt of the WS they told the court it had not been served - now maybe a clerical mistake but could have sunk me

[whu]

warwick65 Good morning yes the claim was for £500 plus costs Vodafone have already instructed me that the original agreement is not available to me or lowell i assume that by sending the directions questionnaire they intend to continue but as yet i have received no documents from them to back up there claim and the vodafone sar clearly shows i tried to cancel the agreement also the default date on credit file is for this time next year when it would become statute barred so i can't see them leaving it. i received a letter around 16th march saying they have requested further documentation from lowell portfolio as per my request but still i have received nothing.

[jaguarsuk]

warwick65 Good morning yes the claim was for £500 plus costs Vodafone have already instructed me that the original agreement is not available to me or lowell i assume that by sending the directions questionnaire they intend to continue but as yet i have received no documents from them to back up there claim and the vodafone sar clearly shows i tried to cancel the agreement also the default date on credit file is for this time next year when it would become statute barred so i can't see them leaving it. i received a letter around 16th march saying they have requested further documentation from lowell portfolio as per my request but still i have received nothing.

The drums probably haven't beaten as far as Vodafone and back yet. The Solicitor has requested the documents of Lowell whom have no doubt requested them from Vodafone as soon as it transpires back down the line what you already know then I'm sure their tone will change and they'll over you a reduced settlement, because they're good guys like that!!

[warwick65]

Just one point, you do need to be aware that once a claim has been issued a debt can not become statute barred while the claim is active- be that stayed or not.

I don't want to give you false hope but it costs them nothing to issue a DQ , it maybe further down the line, when they have to pay a hearing fee the discontinuance could come.

[whu]

warwick65 jaguarsuk Thanks for the advice its much appreciated i think i will just sit on my hands and wait and see what comes next just one question if eventually they was to be a discontinuance would that be the end of this completely?

[jaguarsuk]

warwick65 jaguarsuk Thanks for the advice its much appreciated i think i will just sit on my hands and wait and see what comes next just one question if eventually they was to be a discontinuance would that be the end of this completely?

It's not as good as being dismissed, but if they wanted to enliven the claim again or file a new one they would have to apply to the court for permission at a cost of £255 and there's no guarantee the court would allow them. For the amount of your claim it probably wouldn't be very economical.

[warwick65]

I think the exact rule is if they discontinue once a defence has been lodged they can only bring a similar or substantially similar claim with the permission of the court That permission is unlikely..

[whu]

Amethyst jaguarsuk warwick65 Thanks for all the advice i have still not heard anything from lowell and the case on mcol is still at my defence stage i just wanted to ask if there was anything i need to be doing now or is sitting and waiting the way to go.

[MIKE770]

await any court instructions, silence is golden

[whu]

MIKE770 warwick65 jaguarsuk Amethyst Good morning i have received a letter from lowell solicitors this morning asking me to agree to a tomlin order and that they reserve the right to lift the stay if i do not agree i just wanted to ask what i should do as i still have received nothing from lowell solicitors to back up there claim. many thanks whu

Just a quick addition the order they have sent looks like its from the court but no such information is available on mcol so am i right in thinking it has not been issued by the court?

[jaguarsuk]

MIKE770 warwick65 jaguarsuk Amethyst Good morning i have received a letter from lowell solicitors this morning asking me to agree to a tomlin order and that they reserve the right to lift the stay if i do not agree i just wanted to ask what i should do as i still have received nothing from lowell solicitors to back up there claim. many thanks whu

Just a quick addition the order they have sent looks like its from the court but no such information is available on mcol so am i right in thinking it has not been issued by the court?

Okay, so in post #36 you said that you wanted to settle and if that is still the case then this would represent a form of settlement, albeit one most favourable to the claimant.

The TO isn't from the court, but if you were to sign the order they would counter sign it and file it with the court. You'd have £100 added to the claimed amount for the privilege as that is the court fee and then you would receive a copy back from the court sealed.

If it is the case that you now do not wish to settle until they have actually proved their claim then you need to write back to them to refer them to your CPR 31.14 letter of XX/XX/2018 requesting X, Y & Z which are still outstanding and as such you cannot at this stage consider how you should proceed to plead your case.

You have filed a defence on the basis that this claim is unenforceable without those documents being provided and until such time as they avail you of them you cannot fully consider your legal position.

State that had the claim been filed in a court building as opposed to online it would have been incumbent upon them to provide those documents at the time of filing and as they have filed this claim knowingly without those documents you consider this an abuse of process. Should the matter proceed to court you will be minded to draw it to the attention of the sitting judge in relation to CPR 27.14 whether they now produce them or not.

Continue that whilst they reserve the right to lift the stay of the claim, you also reserve the right without further reference to them to file an application to have the claim dismissed pursuant to CPR 24.2(a)(i) as without the documentation they have no real prospect of success in the claim.

And end the letter by inviting them to send the documents or file a notice of discontinuance with the court.

[whu]

jaguarsuk Thank you for your reply i think i will not take them up on there offer as i still have had no documents from lowell and I'm not happy settling at this time when they have offered no documents to back up there claim do i need to send them a letter or is email ok? many thanks for your help