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

[whu]

jaguarsuk MIKE770 warwick65 Amethyst i have drafted this letter i just wanted to get some advice that this is acceptable and also there are 2 address's on the letter sent do i send it to both or just the non po box address thanks .

Dear Lowell solicitors,

On the 13^th of June 2018 I received a letter with the offer of a Tomlin order from yourselves on behalf of your client who the letter claims are keen to resolve this matter amicably.

I wish to draw your attention to the documents sent by me on the x/x/2018 to both yourselves and your client with a request for documents mentioned in a statement of case under CPR 31.14 . These documents are still outstanding which means I cannot at this stage consider your request for a Tomlin order.

I have filed my defence on the basis that your claim is unenforceable without the requested documents that your client has listed in there particulars of claim and as I have still not received these I cannot consider my legal position.

Had this claim been filed in a court building as apposed to online by your client it would have been incumbent upon them to provide these documents at the time of filing and as your client has filed this claim knowingly without the documents relating to there claim I consider this an abuse of process and should this matter proceed to court I 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.

I am aware that whilst your client reserves the right to lift the stay of the claim referenced above, I also reserve the right without further reference to them to file an application to have this claim dismissed pursuant to CPR 24.2(a)(i) as without these documents your client has no real prospect of success in the claim.

I invite your client to send the documents relied upon in this case within the next 7 days or file a notice of discontinuance with the court.

[whu]

any advice on this letter appreciated please as i could really do with getting it posted thanks whu.

[MIKE770]

well to be honest this is nothing new with lowells (no documents sent to you? Their Problem they know the rules) but as it is Lowells then they will/need to send later do not remind them, if they have not got the documents( never do) long may they try and find them - be honest with you Lowells love reading letters like that as they then know you are panicking as they wish - you have copies of request? then await court instructions and report back on here any movement from either, sure others will respond meantime = SIT ON YOUR HANDS & Read other Lowells threads to see the situation is nothing new/

Lowells will not go away - but usually if you fight them as per rule tend to discontinue at the last minute before they lose their monies paid for the case, if they know you are not going to cave in under pressure, or that they know they have a cast iron case!

[whu]

MIKE770 Would it be better for me to not respond at all? to the offer of the tomlin agreement i know they don't have the documents as vodafone have already told me they don't exist many thanks whu

[MIKE770]

MIKE770 Would it be better for me to not respond at all? to the offer of the tomlin agreement i know they don't have the documents as vodafone have already told me they don't exist many thanks whu

If it is a fact that as you say then they will discontinue in the end, the onus is on them, Tomlin Order offer well sounds like a last minute panic on their part before discontinuing?

Amethyst

[whu]

If it is a fact that as you say then they will discontinue in the end, the onus is on them, Tomlin Order offer well sounds like a last minute panic on their part before discontinuing?

Amethyst

So i am best off not replying to them at all and wait to hear from the court thanks for your help whu

[MIKE770]

asked Ame to pop in and give a view?

[Amethyst]

Your defence mentioned the issue of the price rise mid contract without notice and cancellation didn't it?

They have still provided no documentation to back up their claim.

[whu]

Your defence mentioned the issue of the price rise mid contract without notice and cancellation didn't it?

They have still provided no documentation to back up their claim.

Amethyst Good afternoon they have not provided any of there particulars of claim evidence i have had no contact from them since my defence was submitted on 12/02 i had letter from the court stating the claim was stayed and then this tomlin order request dropped through the letterbox this week on the 13th. my defence did state price rise mid contract/miss selling and cancellation requests that are backed up by the sar info sent from vodafone many thanks whu.

[jaguarsuk]

Amethyst Good afternoon they have not provided any of there particulars of claim evidence i have had no contact from them since my defence was submitted on 12/02 i had letter from the court stating the claim was stayed and then this tomlin order request dropped through the letterbox this week on the 13th. my defence did state price rise mid contract/miss selling and cancellation requests that are backed up by the sar info sent from vodafone many thanks whu.

The reason they are offering the Tomlin Order is they don't have the documents, they hope you are sufficiently scared of the process and as a result they can get you to agree to something you shouldn't out of panic.

The reason I said to respond in the way I did is that it ups the ante on them a little as if you filed an application and were successful in having the claim dismissed they would have to pay your £255 costs of that application back to you.

It also lets them know, I know the process, I understand Civil Procedure Rules and I'm not some chump who is going to fall for your Tomlin Order BS.

This is your claim and you should proceed how you think is best for you, so that might be ignoring. It really is your preference.

[whu]

jaguarsuk Amethyst Good afternoon just looking for a little advice it appears that this alleged debt has been closed on my credit report yet my credit score took a plunge when this happened i have not received any correspondence from lowell since before there claim was stayed by the court except a request to agree a tomlin order in june. could anyone advise if lowell have closed the account but put a new default on it?

[whu]

Amethyst jaguarsuk MIKE770 warwick65 Good morning Im hoping you can help i have received a letter from the court today stating a notice of transfer of proceedings that states as a result of an order made on the 24th july 2019 the claim has been transferred to the county court of boston. lowell are claiming that the case was stayed due to a postal error and lowell have still not sent me any documents as per previous requests could anyone advise as to what i need to do next please?

[Amethyst]

The court at Boston will issue Directions ( possibly a hearing date and instructions for exchanging witness statements and documents)

Did Lowell send you their application ?

[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

be interesting how that scans with their 'postal error' application

[whu]

Amethyst hi and thank you for replying i haven't received any documents since the tomlin order in june last year until this application to remove the stay from the court that arrived this morning i still have not received any of the documents requested last year under the cpr 31.14 dated 15 january 2018.
the tomlin order request is dated 8th june 2018. Should i react to this in some way or await further instructions from the court?