** DISCONTINUED ** BT + Lowell vs me Couty court buisness centre claim

[sarsons]

If you don't get an email or letter over the weekend you'll need to file a defence. Paste the 1-13 nits into the defence on the Money Claim Online website.

That site can sometimes play up, so before Monday paste all of this into the document attached to this post to replace what's currently in it below the line under "Defence", change all the relevant bits above the Defence heading and have it saved ready to email to ccbcaq@hmcts.gsi.gov.uk

If you have to email it, ring 0300 123 1056 to check they have it.

It has to be submitted before 4pm

Thank you will leave it till 12pm Monday and submit then call them after and make sure they have received it

I cannot thank you enough for the help.

[sarsons]

If you don't get an email or letter over the weekend you'll need to file a defence. Paste the 1-13 nits into the defence on the Money Claim Online website.

That site can sometimes play up, so before Monday paste all of this into the document attached to this post to replace what's currently in it below the line under "Defence", change all the relevant bits above the Defence heading and have it saved ready to email to

ccbcaq@hmcts.gsi.gov.uk

If you have to email it, ring 0300 123 1056 to check they have it.

It has to be submitted

before 4pm

Morning Jaguarsuk,

I received a directions questionnaire from Lowell today It states that there will be a copy sent out via the courts but I've not had anything and the letter is dated 6/04/2018 it says I should note the date by which this questionnaire must be returned... well there is no date on the questionnaire??

any idea on whats happening?

thanks

Edit*
Just looked on MCOL and there's nothing about it on there?

[jaguarsuk]

Morning Jaguarsuk,

I received a directions questionnaire from Lowell today It states that there will be a copy sent out via the courts but I've not had anything and the letter is dated 6/04/2018 it says I should note the date by which this questionnaire must be returned... well there is no date on the questionnaire??

any idea on whats happening?

thanks

Edit*
Just looked on MCOL and there's nothing about it on there?

The court will send you a copy of that form and with it will be an order stating the date it has to be returned.

Essentially they have 28 days from the date you file your defence to reply to it if they wish. Once that time expires the court issue a directions questionnaire to allow you to give the information they need to set a hearing date. If you filed on Monday 26th March as you planned the deadline for their opportunity to reply is 23rd April and the court won't have sent anything out yet.

Lowells always prematurely send one out. Sending it to you on the 6th April is to try to get you to send it back sooner, negate the need for an order which will allow 14 days further to return it and then they can get a hearing date set quicker.

You could ring the court if you wanted to check for peace of mind.

[sarsons]

The court will send you a copy of that form and with it will be an order stating the date it has to be returned.

Essentially they have 28 days from the date you file your defence to reply to it if they wish. Once that time expires the court issue a directions questionnaire to allow you to give the information they need to set a hearing date. If you filed on Monday 26th March as you planned the deadline for their opportunity to reply is 23rd April and the court won't have sent anything out yet.

Lowells always prematurely send one out. Sending it to you on the 6th April is to try to get you to send it back sooner, negate the need for an order which will allow 14 days further to return it and then they can get a hearing date set quicker.

You could ring the court if you wanted to check for peace of mind.

So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

thanks

[jaguarsuk]

So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

thanks

It will be active until a resolution is reached whether that's by agreement to settle, at mediation, them withdrawing or a judge entering a judgement at a hearing.

[sarsons]

So after filing my defence I got a letter for mediation I have accepted mediation but that was probably a month or so ago maybe longer... I've looked at the claim online its still active... how long can it be active for?

thanks

Hi

So i've had a letter today to say the case has been transferred to a court that is just under 3 hours away.

it says it is ordered that

1. The matter be transferred to the county court at Bradford

2. upon the courts own motion. the court has made this order of its own initiative without a hearing, if you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it... dated 21st

now do I need to send a letter or can I do this over MCOL? and if its a letter how to I get it set aside?

many thanks

and happy Christmas

[Amethyst]

I wonder why it's been sent to Bradford. 3 hours seems extreme if it's just a case of your local court being closed/out of action. What court did you put on your Directions Questionnaire ? ( should have been the same form you filled in saying yes to mediation )

Your order seems to be the court has decided without having received any application from either party. As you filled in the Directions Questionnaire, and Lowell did, it is the right process for the claim to be allocated to a local court now - they then issue directions and normally a hearing date. Your case does seem to have been delayed somewhat at Northampton CCBC though - it was originally issued in February.

I might be inclined to give Northampton a ring when they are next open and enquire why it's been sent to Bradford. They are open today and then on the 28th. Once you know that you can decide if you need apply to have it moved ( it would require an application (N244) and a £100 fee to apply ).

[sarsons]

Hi Amethyst,

I put Northampton as it's the closest, I thought it was just waiting for mediation? I guess we've skipped mediation then?

Tried calling and couldn't get through, so is there no way to set this aside then? Does the reply have to be in writing or can I do it on mcol?

Thanks Thank

[sarsons]

Morning

I hope the Christmas break was a great one for you,

Just got off the phone to Northampton and Bedford as it's not been sent to Bradford although all the information on the letter states Bradford

How do I proceed

Thanks

[Amethyst]

So it's been transferred to Bedford ? I guess that's not so bad if you're near Northampton.

Really now it's been transferred it's a case of waiting for directions from the court - most likely a hearing date with details of when to exchange witness statements and by when the claimant needs to pay their hearing fee xxxx

[sarsons]

Thanks for your reply,

Yeah the person on the phone thinks it might have been a typo.

As I haven't had any information back from Lowell following on from the letters I sent regarding the account they claim I owe other than them saying due to it being a telecommunications account it's not covered by the CCA but ignored my other letter requesting more informainforation

How do I get this stopped?

[sarsons]

Morning

I received a notice of allocation

And I've got a date for my paperwork to be sent in, they replied to my previous letters with.

"as it's a telecommunications account and not regulated by the CCA we are unable to provide copies of any credit agreement

We have requested the documents referred to in your correspondence from our client and shall revert back to you in due course"

Well this was almost a year ago

Is there a template to sending in your documents?

Thanks

[pt2537]

Morning

I received a notice of allocation

And I've got a date for my paperwork to be sent in, they replied to my previous letters with.

"as it's a telecommunications account and not regulated by the CCA we are unable to provide copies of any credit agreement

We have requested the documents referred to in your correspondence from our client and shall revert back to you in due course"

Well this was almost a year ago

Is there a template to sending in your documents?

Thanks

Im n ot sure they are right, but lets say they are, where does that leave them? well their claim is based on a written contract, so they need a copy of it, whatever the format they must provide it to you

[sarsons]

Im n ot sure they are right, but lets say they are, where does that leave them? well their claim is based on a written contract, so they need a copy of it, whatever the format they must provide it to you

Thank you for your quick replyrour Th what I've thought and because I haven't I cannot find this account their claiming I owe for no old paperwork nothing, I'm not sure how I can defend this? Any ideas on how to draw up the paperwork?

[Amethyst]

Is there an order for you to send in documents / exchange witness statements etc in that notice of transfer ?

The order you had

1. The matter be transferred to the county court at Bradford

2. upon the courts own motion. the court has made this order of its own initiative without a hearing, if you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it... dated 21st

doesn't mention a hearing or any directions ? is there something else with it ? or you've received another order from the court after that one?

I received a notice of allocation

And I've got a date for my paperwork to be sent in

be useful to know what that order says.