Lowell Solicitors CCJ received

[Amethyst]

If you're posting I'd send the form (n9b ) back with it and in the defence part write "defence attached on separate sheet" and make sure your claim number is written on the paper with your defence on.

The way courts are at the moment I'd also send recorded post and make sure you keep a copy. Are you not able to file it on moneyclaim online ?

Still nothing back back from the claimant then?

[els77]

I didn’t even think to do it on money Claim on Line! I will post it now recorded delivery as I’ve written it all out. I’ll take copies of it.

I havent geard anything back from Lowell after requesting documents.
What would happen next once my defence is filed?

[Amethyst]

Once your defence is filed, you'll get an acknowledgement letter from court telling you the claimant has been sent a copy and has 28 days to respond to the court to say if they want to continue.

Then you'll get a Directions Questionnaire and the case gets send to your local court for directions and a hearing date. Lots of time and other bits in between, so hearing likely to be 4/5 months away, and you have witness statements and evidence/documents about 14 days before.

If the Claimant doesn't respond to the court after getting the defence then the case gets put on hold. That's a good point to make a reduced f&f settlement if that's what you decide you want to do. But depends for now on what they respond to your CPR and CCA requests with xxx

[els77]

That’s great. Thankyou for all of your help and advice.

[els77]

So, today I’ve received the acknowledgment from the court.

[Amethyst]

Perfect The other side have 28 days now to reply or the case goes on hold, so just a case of wait and see for the moment.

[els77]

This morning I have received a questionnaire from Lowell solicitors suggesting mediation.
What should I do next contact them to arrange a payment or go ahead with the court questionnaire they have sent?

[Amethyst]

You should receive a questionnaire directly from the court which you'd complete and return to court and send a copy to Lowell, but receiving the copy from Lowell indicates they do intend to proceed with the case - have you received any documents off of them as yet ?

It is entirely up to you when you try to settle, if you want to negotiate settlement you need to contact Lowell directly but ensure anything agreed is in writing and that settlement is on the condition they withdraw the claim. As there are not yet any documents you could use that as a negotiating point... and ensure any conversations you have with them are 'without prejudice' ( which basically means you can discuss settlement without it being used against you in court later as an admission etc ).

[els77]

No I haven’t received any documents from Lowell. I will fill out the questionnaire and see what happens next.

I also haven’t received anything from Lowell for the other accounts they have of mine after I requested proof.

[els77]

I have just called Lowell with a proposed settlement offer which they refused on the basis I have already made repayments previously to this account.
The guy I spoke to said they would set up a Tomlin? Order between me, them and the courts and they would waive the £100 fee. I said no I’ll carry on with the court process.

What would be my best move? Carry on with the court process or just pay it off to get rid of it. Lowell haven’t even provided me with the documents I requested or acknowledged me sending them a request for documents.

[els77]

I’ve just paid this account off. They wouldn’t budge on any offers of payment I proposed due to me already paying them in the past on a payment arrangement. I now have a couple of other debts with them and I did request proof but they haven’t got back to me with any proof for the other accounts.

Thankyou for all of your help with this.

[MIKE770]

Amethyst

[Amethyst]

Okay, that is a shame, but I understand you just wanting it out of your hair so you don't have to worry about it going all the way to a hearing. Ensure they inform the court it has been paid and the claim is discontinued.

With these other debts that Lowell have, what have you asked them for - have you sent CCA requests? ( not sure what the debts are - are they credit card/ catalogues etc or telecoms / overdraft etc ? )

[MIKE770]

CCA Request if needed?

[els77]

The other accounts I have with them are for a credit card and a catalogue account. I have sent them CCA requests about three weeks ago but I’ve heard nothing as yet.