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Advice for a Claim Form from Lowells, not British

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  • #31
    Originally posted by warwick65 View Post
    Not something I feel comfortable doing but didn't you say you have already acknowledged the claim and ticked both?
    Yes indeed. But as I understood now I should decide which way to undertake.
    If I decide to contest jurisdiction I have 14 days since my Application to do so, as explained by Diana.
    If I decide to Defend myself I have 33 days since when I received the Court Claim.

    I was asking which way would be better given my situation.
    I understand that whatever any of you would advice is given without any liability.

    Thanks again

    Originally posted by Diana M View Post


    Since you ticked the box to contest jurisdiction you will need to follow the legal procedure for that which is explained here (i.e. an Application within 14 days) if that is your intention >

    https://www.justice.gov.uk/courts/pr...es/part11#11.1


    My earlier point was you can't do both things (Defend and contest jurisdiction) at the same time.

    Either you want the court to decide that you owe the money to the Claimant (or not) or you want the court to consider your dispute that they (the court) have no right to try this claim so they can't make that decision (whether you owe the money or not).

    You can call NCCBC for clarification of the next steps now that you have filed your AOS.

    Di

    Comment


    • #32
      **UPDATE**

      On 02/03/2018 I've submitted my Defence and it is now progressing through the Small Claims Track.
      Today 26/03 I've received a letter from Loweel stating "[they are] keen to resolve this matter amicably before it reaches a Court hearing" and "will consider any payment proposal [I] put forward".

      Does it mean something good?
      Should I propose a payment or should I keep going forward with the Court hearing?

      Thanks again everyone

      Comment


      • #33
        It probably means that they are unsure about winning.and are willing to accept a reduced amount just to be sure of getting something. Do they know of your non UK address yet?

        Comment


        • #34
          Originally posted by ostell View Post
          Do they know of your non UK address yet?
          Yes definitely, because this last letter I received it was sent to my non UK address.

          Comment


          • #35
            Should I accept their proposal or go full forward to the Court hearing? Is there anyone with a previous similar experience?

            Thanks

            Comment


            • #36
              Does the court know your address? If they do then it could be awkward to hear the case at your local court.

              You could always make them a "Without Prejudice" offer of about £20, not admitting liability but just wanting to clear this matterr out of the way.

              Comment


              • #37
                Originally posted by ostell View Post
                Does the court know your address?
                Yes, they should know as I've registered on moneyclaim with my non UK address.

                Originally posted by ostell View Post
                If they do then it could be awkward to hear the case at your local court.
                Do you mean that the case could be transferred outside of UK? I thought to be impossible as it is a UK-only matter.

                Originally posted by ostell View Post
                You could always make them a "Without Prejudice" offer of about £20, not admitting liability but just wanting to clear this matter out of the way.
                Ok, I've read online what the "Without Prejudice" means, good idea, thanks!
                N ow I do I put it in practice? In Lowell's letter it is written to reach them by phone, otherwise is it possible to do so online?


                Comment


                • #38
                  Originally posted by Iras View Post
                  N ow I do I put it in practice? In Lowell's letter it is written to reach them by phone, otherwise is it possible to do so online?
                  * Now how do I put it in practice?

                  Comment


                  • #39
                    ** UPDATE #2 **

                    I've followed ostell's advice and I've made them a "Without Prejudice" offer of £30.
                    They answered with a full & final offer of about 70£ (from an original debt of more than 300£) with the promise that they will write to the Court and request the Claim be marked as settled and also that any pending hearing is vacated.

                    I've agreed and paid with a standing order. Plus I've requested evidences of all their promised actions.

                    Now, while I wait for their doings, is there anything I should bear in mind given my position as defendant on moneyclaim.gov.uk ?
                    Is it required any further steps on my side?

                    Thanks everyone once again, hopefully everything will end up soon positively!
                    Best

                    Comment


                    • #40
                      Originally posted by Iras View Post
                      ** UPDATE #2 **

                      I've followed ostell's advice and I've made them a "Without Prejudice" offer of £30.
                      They answered with a full & final offer of about 70£ (from an original debt of more than 300£) with the promise that they will write to the Court and request the Claim be marked as settled and also that any pending hearing is vacated.

                      I've agreed and paid with a standing order. Plus I've requested evidences of all their promised actions.

                      Now, while I wait for their doings, is there anything I should bear in mind given my position as defendant on moneyclaim.gov.uk ?
                      Is it required any further steps on my side?

                      Thanks everyone once again, hopefully everything will end up soon positively!
                      Best

                      I think that you have something called a "RESULT" well done. (make sure you cover your back)

                      Comment


                      • #41
                        Dear GBExile ,

                        thanks for your reply. If you don't mind me asking, how should I "cover my back"?

                        Thanks,
                        best

                        Comment

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