Lowell vs AATJJJ **ADVICE PLEASE**

[Amethyst]

They've applied to lift the stay without notice. They should have sent you a copy of the application so you could respond. Contact the court and ask if they can send a copy of the application to you as you were not made aware of such... they'll probably say you have to get it from the claimant but it will be noted. Then ask the claimant for a copy of the application and point out that they should have sent you a copy at the time they submitted to the court.

I suspect their grounds will be that they have provided all the documents ( which would be a fib ) so then you might want to apply to set aside the order.

[pt2537]

As i said above Strike out that claim. In the words of Blue peter heres one i did earlier https://consumercreditlitigationandd...eadings-again/

[Amethyst]

Combine application for Setting aside the order and strike out claim xx Will help to know what their actual application was based on first.

[Aatjjj]

How much would that be to do though? Do you have to pay

and what do I put as grounds ? .... non compliant?

Shall I ring Lowell now ?

i rang the court business centre and said I have had anything from them and they said that they didn’t have to notify me before doing it ? Is this true ?

its such bad timing .....

[Aatjjj]

Also if I have it stayed again .... what stops it from happening again , ?

[Amethyst]

Striking it out xxx

You could just let the claim run now and go to the defence and defend the claim at the hearing, or you could apply to set aside for the stay lift and strike out the original claim. There's not much point applying to set aside to stay unless you also apply to strike out the claim. They've sent you no documents at all have they?

[Amethyst]

. Yes ring lowells solicitors and tell them you've received the order but never received the application could they send you a copy and then you can consider your options. You do not wish to discuss the case otherwise.

If you do nothing you should receive the directions questionnaire shortly to transfer the case to your local court, and then you will get instructions for hearing and witness statements.

An application would be £255 unless eligible for Fee remission

[Aatjjj]

no they have never sent me anything...only a letter once last year replying to my request for the info, saying there trying to get it

Do you think it best to make the application to strike out and pay....or little point at this stage, what would be best?

I'm on the phone to them as we speak who are giving me the run around, keep transferring me and putting me on hold!, ill update if I recieve any info...i'm not sure I am eligble for a fee reduction.

[Aatjjj]

ok so lowell wont help either, despite an hour on the phone being passed around, they wont give me copies of anything or any details, say that they don't have to , i have also emailed them but dont expect a reply.

[Amethyst]

Goodness me. pt2537 am I bonkers thinking they are meant to copy parties in to any applications/comms with the court ? Anything to quote to get them to
produce a copy ?
Cant spend £255 on set aside if an order when you don't even know the grounds of the application to make the order ?

Is "London" court your local court ?

Once it's with them you will get an order for directions.

[pt2537]

https://www.civillitigationbrief.com...on-compliance/

[Amethyst]

Yeyyy- I'm not bonkers - this wants quoting to Lowell sols

https://www.justice.gov.uk/courts/pr...les/part39#com
Communications with the court

39.8.

(1) Any communication between a party to proceedings and the court must be disclosed to, and if in writing (whether in paper or electronic format), copied to, the other party or parties or their representatives.

(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.

(3) A party is not required under paragraph (1) to disclose or copy a communication if there is a compelling reason for not doing so, and provided that any reason is clearly stated in the communication.

(4) A written communication required under paragraph (1) to be copied to the other party or parties or their representatives, must state on its face that it is being copied to that person or those persons, stating their identity and capacity.

(5) Unless the court directs otherwise, a written communication which does not comply with paragraph (4) will be returned to the sender without being considered by the court, with a brief explanation of why it is being returned.

(6) In addition to returning a communication under paragraph (5), where a party fails to comply with paragraph (1) the court may, subject to hearing the parties, impose sanctions or exercise its other case management powers under Part 3.

(7) Paragraph (1) does not apply to communications authorised by a rule or practice direction to be sent to the court without at the same time being provided to the other party or parties or their representatives

[Aatjjj]

Yes London is the local court .
I rang them too they said that the paperwork is in the process of being moved and they didn’t have it yet , so couldn’t do a copy and to ask Lowell’s too !

i tried explaining how can I respond when I don’t know what to .... I don’t know what else to do
I’m going to email Lowell again with that info above .

[pt2537]

Yes London is the local court .
I rang them too they said that the paperwork is in the process of being moved and they didn’t have it yet , so couldn’t do a copy and to ask Lowell’s too !

i tried explaining how can I respond when I don’t know what to .... I don’t know what else to do
I’m going to email Lowell again with that info above .

Write to them by email Complex Team Lowell Solicitors <ComplexTeam@lowellsolicitors.co.uk>

[Aatjjj]

Isn’t it odd then with the above guidance that the judge noted no communication was made with me or chance to respond but still allowed the stay to be lifted ????


I sent the guidance to them.