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** Discontinued ** Woolfie v Bt Court Claim

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  • #46
    I can see it being 29/08/2014
    on court paper sure it says se 17 it was passed to them
    waiting on bt now

    Comment


    • #47
      Okay, as it's a Broadband account it's unlikely that the CCA request will be valid under Part V ( it's a service agreement rather than consumer credit )

      But they will have to show what the account was, that is wasn't paid, and if the amount outstanding is for a remaining contract term ( say the contract was for 24 months and you cancelled after 6 months ) they'll have to show the agreement terms allowed them to do that etc... and show how the amount being claimed has been calculated. It should show in your SAR response from BT in any case.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #48
        Originally posted by Woolfie842 View Post
        I can see it being 29/08/2014
        on court paper sure it says se 17 it was passed to them
        waiting on bt now
        Okay thats probably right then. There is often a big gap between default and when they sell it on to a debt purchaser like Lowell.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #49
          Information that the can’t show really don’t you think

          Comment


          • #50
            That's the hope
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #51
              Thanks again and I will let you know when my copy from the court arrives

              Comment


              • #52
                Hi
                i filled in the N180 and returned to the court
                ill now send to Lowell solicitor
                could I send by email to Lowell or must it be a letter form

                also I’m not sure how to do the mediation as I’m not used to all this
                what should I say to them

                thanks

                Comment


                • #53
                  letter Recorded delivery for records of receipt


                  once mediation contact they will ask have you everything you need for mediation (i.e. default info any CCA requested if not you state No and thy will say not able to mediate in that case and the court system goes on end of mediation

                  Comment


                  • #54
                    Ok thanks
                    Still not received CCA tho

                    Comment


                    • #55
                      I have received this I n the post as have not heard anything about mediation
                      I have had no appointment
                      They are transferred back to court I think for some reason
                      Attached Files

                      Comment


                      • #56
                        Ok just a wait and see job then ... still no documents from the claimants ?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #57
                          I've had nothing nor heard anything from anyone except that I just posted
                          does it mean they won't mediate
                          I thought that was bad news when I read it being transferred back to court

                          Comment


                          • #58
                            Hi an update is here
                            I heard from the court saying court case January 19 and I should pay 25 pound also

                            Few days later had a letter from lowell solicitor saying they have instruction from their claimant to cease with this claim.

                            Is that the end now you think.

                            Comment


                            • #59
                              have you had notification of discontinuance? if not ring the court Monday to confirm

                              Comment


                              • #60
                                Originally posted by Woolfie842 View Post
                                Hi an update is here
                                I heard from the court saying court case January 19 and I should pay 25 pound also

                                Few days later had a letter from lowell solicitor saying they have instruction from their claimant to cease with this claim.

                                Is that the end now you think.
                                The £25 is for the other side to pay ( hearing fee )

                                There should have been instructions on the hearing date letter to exchange witness statements.

                                Its not over over until you receive the Notice of Discontinuance ( if nothing by Wednesday maybe call court to check if they have received it from the claimant )

                                likely they haven't paid the hearing fee so it probably has been discontinued but don't count chickens etc so prep as if the hearing is going ahead until it is confirmed not to be.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                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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                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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