Lowell claim - defended & now what?

[verity540]

Hi,
Received a claim for £500 from Lowell / 3g - defended the claim & sent 31.14, 4 weeks ago which they havent replied to..

Lowell now want to go to mediation. I make no acknowledgement of the debt. What do I do?

Cheers

[MIKE770]

Check dates
Acknowledge Claim
CCA Request
sp what is it all about?? mediation you should agree a acourt expects you to as to save court time, if Lowells do not produce your CPR31.14 request then mediation wil ask you have all necessary to mediate you state no = then mediation will say no mediation possible and send back to court for the next stage,


you state no knowledge? what do the say in original court form (blue)

would it a shop direct claim or what?

[verity540]

Check dates
Acknowledge Claim
CCA Request
sp what is it all about?? mediation you should agree a acourt expects you to as to save court time, if Lowells do not produce your CPR31.14 request then mediation wil ask you have all necessary to mediate you state no = then mediation will say no mediation possible and send back to court for the next stage,


you state no knowledge? what do the say in original court form (blue)

would it a shop direct claim or what?

They say its 3G, I entered into an agreement, despite repeated requests for payment remains due & outstanding.

Presume they need to show me the agreement & other stuff.

I'll sign YES to mediation and say NO to information. Take it from there.

Cheers

[verity540]

Mediation done. Lasted about 5 minutes. I said I'd sent a CPR 31.14 request twice & no reply.
They wanted to sort an agreement but I said no thanks, let's see the documentation.

Now waiting for docs.

[MIKE770]

the courts will contact next move

[MIKE770]

Mediation done. Lasted about 5 minutes. I said I'd sent a CPR 31.14 request twice & no reply.
They wanted to sort an agreement but I said no thanks, let's see the documentation.

Now waiting for docs.

#
instruction from the court next

[verity540]

#
instruction from the court next

With a court date or dismissal? I'm happy to go to small court if the claimant can't provide evidence.

[verity540]

court date end of Jan. the claimant must pay hearing fee by 21st december.
The claimant still hasnt provided any evidence despite saying they will during mediation & ignoring 2 previous requests.

I am planning on writing to the court & not turning up on day as I believe legally I should have been given an answer to CPR 31.14 request. I cannot defend this claim as I have no particulars of claim.

can anyone offer advice?

Do I have to turn up & will it effect my defence if I don't?

I don't know how to defend as they haven't provided any evidence (31.14), should I contact the court / claimant?

Maybe the claimant is bluffing & won't pay the fee,when do I put the letter in, before the claimant court payment date or after?

How long do I legally need to get this evidence for review? surely on the day of hearing is not sufficient time?

THANKS!!!

[Amethyst]

The letter that gives you the court date will also give directions to both parties with regards filing and serving witness statements and documents/exhibits.

It also gives the claimant the date by which to pay the hearing fee by.

They may discontinue before either of those dates if they still do not have the evidence to prove the debt.

However you do still need to do your Witness Statement by the given date ( normally 14 days before the hearing ) unless they discontinue before that date,

If Witness Statements are exchanged then of course you will need to look at the case again and what evidence they have ( or haven't provided ) and make a further decision.

If you don't wish to attend the hearing you are obliged to inform the court at least 7 days before the hearing and request they hear your side on papers ( ie off your defence and witness statement - and you could submit a skeleton argument/further witness statement if needed ).

[Amethyst]

Have you sent a SAR to the original creditor btw ? ( 3G ? or Three ? ) - if there are concerns that this might be ID fraud ( ie not your account ) then that might bring up some useful information.

Subject Access Request Letter

[verity540]

The letter that gives you the court date will also give directions to both parties with regards filing and serving witness statements and documents/exhibits.

It also gives the claimant the date by which to pay the hearing fee by.

They may discontinue before either of those dates if they still do not have the evidence to prove the debt.

However you do still need to do your Witness Statement by the given date ( normally 14 days before the hearing ) unless they discontinue before that date,

If Witness Statements are exchanged then of course you will need to look at the case again and what evidence they have ( or haven't provided ) and make a further decision.

If you don't wish to attend the hearing you are obliged to inform the court at least 7 days before the hearing and request they hear your side on papers ( ie off your defence and witness statement - and you could submit a skeleton argument/further witness statement if needed ).

Whats a witness statement please?

I guess I wait to see what happens & deal with this should they pay hearing fee.

[verity540]

Have you sent a SAR to the original creditor btw ? ( 3G ? or Three ? ) - if there are concerns that this might be ID fraud ( ie not your account ) then that might bring up some useful information.

Subject Access Request Letter

Nope. Don't care about that. Burden of proof on them.

[Amethyst]

Whats a witness statement please?

I guess I wait to see what happens & deal with this should they pay hearing fee.

If you read the hearing letter it should give you details of what and when to file and serve it.

Some examples https://legalbeagles.info/forums/for...ness-statement

[verity540]

If you read the hearing letter it should give you details of what and when to file and serve it.

Some examples https://legalbeagles.info/forums/for...ness-statement

Thanks, I'll follow the guidelines & see what happens.

[verity540]

Claimant did not pay court fee today. WIN.