Lowell vs AATJJJ **ADVICE PLEASE**

[Aatjjj]

Thanks for the info ......So I should hear by the end of Jan if they are proceeding or not then. ....do the court send it straight away as it was due just before Xmas .

its a bit rubbish they can produce document so late in the process after not sending them before when requested!

[Aatjjj]

HI, Sorry to be a pest, but im after some info quick question.

I'm still locked out of the silly online service, im emailed for update but still waiting,

I got a letter dates the 21st Dec stating they have my defense from the court and are sending to the claimant, and they have 28 days to contact the court.

Well it is 5 weeks tomorrow and i've not heard anything, no contact at all... the 28 days must have come and gone by now....whats going on....have they just not made any contact and if so what now??

[pt2537]

Unless they are just claiming arrears and the account is still open they will need a default notice to claim the full debt .... seems to be another new tactic to say 'arrears began to accrue' to avoid having to provide a copy of the default notice.... very odd.

Like this ??

( just off someone elses thread posted this morning)

If thats the Pleadings .....................STRIKE IT OUT ALA DOYLE

[Amethyst]

HI, Sorry to be a pest, but im after some info quick question.

I'm still locked out of the silly online service, im emailed for update but still waiting,

I got a letter dates the 21st Dec stating they have my defense from the court and are sending to the claimant, and they have 28 days to contact the court.

Well it is 5 weeks tomorrow and i've not heard anything, no contact at all... the 28 days must have come and gone by now....whats going on....have they just not made any contact and if so what now??

The courts having some issues with their IT at the moment ( and always ) so don't worry. The next thing you should hear is a directions questionnaire - if you haven't heard anything in a week then try calling the court again and see if the claim has been put on hold ( Stayed ). I'd leave it until at least Monday as I know the phone lines are rather chocablock at the moment at Northampton ( because of the IT issues everyones ringing them ) PLUS they might have a few days backlog on responsed to defences.

[Aatjjj]

Hi....so I rang the court and the case is Stayed as they havent heard from Lowell either.........this means on hold right ?..and that they can pick it up again at any time (seems a bit unfair)...any way to get it struck off ?...or am i best just leaving it now.

[MIKE770]

on hold they would have to pay a fee to unstay it

[Aatjjj]

I dont like the idea of it hanging over me for them to take up at any time...I have a big few months coming up with my daughters surgery.....how much is it to ask for it to be struck off...or is this too risky and may kick them into action? bearing in mind ive had no contact at all other than inital papers.......is the cost big for them to unstay it ?

[MIKE770]

they stay thousands as they have no case or are not sure, longer stayed the better, look if ever (if ever) they come back and you are advised then probably a settlement figure, BUT only as a very last resort, take note:- they play on you to worry so that they can have a Bahamas holiday at yours and other expense (joke No) they want people to pay up even if they do not have a case - they are noted to discontinue at the last minute before they loose there court fees = read many threads a pattern will show

[Aatjjj]

so you dont think its worth me asking for a strike out then ?(how much does it even cost to do this?....? does anyone know?)

[MIKE770]

no strike out it is to early - see what happens in the future jaguar1954 see what others have to say

[Amethyst]

Strike out application would be form N244 and cost £255 to file the application.

Example application in slightly different circs here - https://legalbeagles.info/library/gu...s-order-court/ - also the set aside applications https://legalbeagles.info/library/ho...-judgment-ccj/ - just as an idea what's involved.

I think you'll want to apply to lift the stay and strike out the claim as an abuse of process, non compliance with CPR 31.14, or possibly Summary Judgment due to CCA failing and default notice ( ref PRA v Doyle ) issue.

There are risks of course, additional costs, and pushing the claimant into getting hold of the documents and proceeding with the case etc.

pt2537

[erudioed]

Strike out application would be form N244 and cost £255 to file the application.

Example application in slightly different circs here - https://legalbeagles.info/library/gu...s-order-court/ - also the set aside applications https://legalbeagles.info/library/ho...-judgment-ccj/ - just as an idea what's involved.

I think you'll want to apply to lift the stay and strike out the claim as an abuse of process, non compliance with CPR 31.14, or possibly Summary Judgment due to CCA failing and default notice ( ref PRA v Doyle ) issue.

There are risks of course, additional costs, and pushing the claimant into getting hold of the documents and proceeding with the case etc.

pt2537

Great info here thanks! Can the abuse of process be used in the future if they decide to pick up the case at any point? Would it then become a defense instead? TIA (asking as it's relevant to my own current thread)

[Amethyst]

If the case is stayed and they apply to lift the stay you can counter their application in response. It would be better (IMO) to apply to strike before they try to pick things back up ( normally once they have the required documents) to force their hand. Depends what the situation is really xx

[erudioed]

If the case is stayed and they apply to lift the stay you can counter their application in response. It would be better (IMO) to apply to strike before they try to pick things back up ( normally once they have the required documents) to force their hand. Depends what the situation is really xx

thanks Amethyst

[Aatjjj]

Hi .... I need advice again please
I have an update
I have not heard a thing from anyone regarding this for months and today I get a letter from the court , it’s two pages stapled together dated the 18 th July

the first one says General form of Judgment or order and is dated 18 th July
it has information of the judge reading at money claims centre and says
upon reading information from the claimant
it is ordered that

1 the claim be reinstated

2 because this order has been made on the applicant of the party without notice of the hearing being given .
any other parties have the right to apply to have the order set aside , varied or stated .A party making such an application must send or deliver the application to the court ( together with the appropriate fee ) to arrive within seven days of service of this order .if the application is one that requires a hearing and
A) the party making the application is the defendant abd
B) the defendant of an individual
then upon filing of the application the claim will be transferred to the defendants home court , in all other cases requiring a hearing will be transferred to the preferred court

the other sheet was a short statement that said that as a result of an order dated 18 th July it would be transferred to London court .

im really confused , I’ve had no update on this for ages , not been sent the stuff requested by Lowell and no notification there was any thing going on with this .... can someone explain or help please .