Lowell vs AATJJJ **ADVICE PLEASE**

[Aatjjj]

ok further update ...please read my last post.

I rang the court, the adviser confirmed there is no record of directions questionnaires being sent for this case.....she doesn't know why and has raise it as a point for me .....?
Is there no mediation now ?.....she's also asked why not my local court but i need to wait for a response.Is this unusual she's...can I insist procedure is followed?


what do I do now....i still only have the email of the copies of stuff they sent which ist everything i asked for, nothing in post.

[Amethyst]

Possibly as the claimant didn't reply when you filed your defence and the claim was stayed - after their application to reinstate the claim was successful they've sent it to the court for further directions so just a case of waiting for those. Tbh it's all a little odd, not in a bad way, just not really in line with normal procedure.

Did you ask the court about the part where they said a hearing would be held at a date and time attached to the order, but nothing was attached ?

[Aatjjj]

She said no date was set yet and it would come separately as it’s busy .
without filling in a directions questionnaire I don't even get a chance to mediate will I ?
is my case still strong ? Does the email documents even count ? I never replied .I'm worried incase they turn up with stuff last minute having no mediation .
i don’t understand why they haven’t followed their own procedures, I haven’t missed anything she said none was ever sent but then said it was not them that send them.

[Aatjjj]

Still haven’t had the promised call back from the courts

[MIKE770]

ring them

[Amethyst]

Okay - don't worry there will be directions with the hearing date letter, if they do actually set one. Can ring them again monday if you can. This is the hearing of their application to lift the stay - you haven't had sight of their application still have you ? Could write and ask them for that ( claimant that is ) while you wait for the court to sort themselves out. Once you have that you can put forward your objections. Likely it will result in the stay being lifted and the claim proceeding but if they requested summary judgment you want to make sure that doesn't happen and they are forced to provide all the actual documents to evidence their case.

Have you had any communication with Lowell since they emailed you documents ?

[Aatjjj]

PLEASE ADVISE

Im still very confused with the odd process and timelines.

I rang the court who also was confused and said she would put a request for contact on the system and i should hear/ have a call back within x many days, this never happened.I am going to call them again .
I also have emailed twice asking the questions and for case to be transferred to local court and why no directions and have the auto reply stating 10 working days (which has come and gone and nothing ) no reply.

This is the case so far.

I received the pre action protocol and responded but never had anything from them until
Last year before christmas I received the court papers.
I filed my defence as requested
Lowells never filed there's and the case was stayed
no contact wi th anyone until summer this year
letter from court saying stay was lifted but no documents to say what was in the application to lift stay.....never any copies of any documents from lowell
letter from court saying being transferred to local court
** NO DIRECTIONS QUESTIONNAIRE SENT ** confirmed by court
Further letter from court saying allocated to small claims track but no hearing date attached, no option for mediation.
No further letters since August .

I never had a copy of Lowells defence as they never filed and case was stayed, only documents from them by email and only a running summary no details and a screenshot plus default letter previously posted. Nothing about application to lift stay (hard to defend with no documents or not knowing what there saying) they insist its not for them to send me that.

The process is not what i was expecting and tbh its stressing me out and I'm thinking about it a lot.

[Aatjjj]

Okay - don't worry there will be directions with the hearing date letter, if they do actually set one. Can ring them again monday if you can. This is the hearing of their application to lift the stay - you haven't had sight of their application still have you ? Could write and ask them for that ( claimant that is ) while you wait for the court to sort themselves out. Once you have that you can put forward your objections. Likely it will result in the stay being lifted and the claim proceeding but if they requested summary judgment you want to make sure that doesn't happen and they are forced to provide all the actual documents to evidence their case.

Have you had any communication with Lowell since they emailed you documents ?

I already had a letter saying they had lifted the stay....wasn't that already done....said it was an application without contact or something and that I could appeal but that was a paid form so I didn't as I still had no information and wasn't sure what grounds? ....see timeline above.

[Amethyst]

You and me both... it's definitely gone a bit arse about face hasn't it. But basically, despite the stay lift being done without any notice the case has gone back to as if it had just been defended and then allocated to the court for a hearing date.

Your defence, as I can see it, still stands - they haven't complied with your CCA request or the CPR request still. Anything they have sent you will be able to discuss defence with your witness statement which should be ordered to be exchanged 14 days before the hearing date, when you receive the hearing date letter. They will have to send you their witness statement and all documents they intend to rely on by then as well.

Basically back to the point where I posted in January

The claim will then be sent over to your local court who will sort out a court date and issue any directions ( instructions) like when to exchange witness statements, when documents need to be provided etc.

The Claimant needs to then pay a hearing fee.

Generally if the Claimant doesn't have the documents sorted by the time Witness Statements need exchanging / Hearing Fee needs paying they discontinue. Quite often you don't know if they actually have a case / the documents required until that point ( 2 weeks before a hearing normally )

If they do produce documents ( at any point between now and the hearing) then it depends what the position is as to whether you negotiate to settle under a consent order or continue to a hearing ( potentially amending your defence if applicable )

[Aatjjj]

Shouldn’t I have had a copy of there defense thou ? They would have had mine ?

also it’s not at my local court but a central London court which I am not happy About , I didn’t get the opportunity to request this and I’m struggling to get anyone to contact me they seem to have not followed their own process , can I get it kicked out because of this ?

[Aatjjj]

Hi, its been a while......More HELP requested

Despite my best efforts to chase, calling and emailing the court to find out what happened with the case and requesting a local court...I never heard anymore until today.
A letter with a court date arrived from central london with a date just after new year.
It says
Unless the claimant does by 4pm on the 6th December pay the trial fee or file a properly completed application (i.e. one that provides all the required information in the manner requested)for help with feed then the claim will be struck out.

please note this case may be released to another judge or possibly another court.

Summary of case so far

- no reply to pre court protocol, proceedings started anyway
- didn't comply to all of my requests for info in full
-no contact from Claimant or court
-only a skeleton list of transactions
- screen shot of application page (with what appears to be made up details , deffo not my information nothing is correct other than address and DOB)
-no default was delivered copy sent has no date only on attached letter
- i received no copy of there defence and the claim was stayed
- It was then unstayed and i still had no paperwork or copy of their Defence , they refused to comply with my request on lifting the stay and saidI didn't have a right to see it.

- no directions questionnaire chance for mediation
- no reply to my request for a local court (I am a carer for my disabled daughter )

How do you think i should proceed....this letter has no information about what to do next or by what date so Im at a bit of a loss and also the date and venue isn't really suitable.......
Do I just wait and see if they pay then contact the court again or try too?...what about my next steps.....i seem to have hit snags in the whole process! and im very confused

[Aatjjj]

Hi, its been a while......More HELP requested

Despite my best efforts to chase, calling and emailing the court to find out what happened with the case and requesting a local court...I never heard anymore until today.(more than a year on from the start !)
A letter with a court date arrived from central london with a date just after new year.
It says
Unless the claimant does by 4pm on the 6th December pay the trial fee or file a properly completed application (i.e. one that provides all the required information in the manner requested)for help with feed then the claim will be struck out.

please note this case may be released to another judge or possibly another court.

Summary of case so far

- no reply to pre court protocol, proceedings started anyway
- didn't comply to all of my requests for info in full
-no contact from Claimant or court
-only a skeleton list of transactions
- screen shot of application page (with what appears to be made up details , deffo not my information nothing is correct other than address and DOB)
-no default was delivered copy sent has no date only on attached letter
- i received no copy of there defence and the claim was stayed
- It was then unstayed and i still had no paperwork or copy of their Defence , they refused to comply with my request on lifting the stay and saidI didn't have a right to see it.

- no directions questionnaire chance for mediation
- no reply to my request for a local court (I am a carer for my disabled daughter )

How do you think i should proceed....this letter has no information about what to do next or by what date so Im at a bit of a loss and also the date and venue isn't really suitable.......
Do I just wait and see if they pay then contact the court again or try too?...what about my next steps.....i seem to have hit snags in the whole process! and im very confused

[Aatjjj]

Amethyst Or Anyone please

[Aatjjj]

Sorry to keep bumping but any help please would be great ?... I’m not sure what to do next to contact them or wait

[Aatjjj]

Little bump please x