Lowell court claim

[pt2537]

So I just recieved email from Lowell's.

Any thought on this please?

We can confirm receipt of your letter on 15 May 2019. (my CCA and CPR31.14)As Judgment has now been entered, our Client is not obliged to provide you with the requested documentation.

Thank you

Dear Sirs

Thank you for the email. WIth all due respect, the Claim form was served on 8th May 2019.

An acknowledgement of service was submitted on 11/05/2019 at 10:38:38

It was therefore not open for the Court to enter Judgment on the Claim as the conditions within CPR rule 12 were not met. As a consequence, if Judgment has been entered, it is a mandatory set aside under CPR 13.2 and i respectfully invite you to consent to the judgment being set aside. If you will not consent then i will apply to the Court and will cite any refusal to consent on the question of costs and conduct.

In view of the urgency of the situation i require your reply by 4pm on ......

Regards


............................


I would say though that you should double check the dates on the claim form just to be sure

[Furbinka]

Thank you very much. How much time should I give them please? A week?

Thank you

[pt2537]

Friday 24th if youre emailing them

[Furbinka]

Thank you.

[Furbinka]

Also is it right that they are not obliged to provide all the informations I requested or is that BS.

Thank you

[Furbinka]

Sorry me again....this now stressing me out a lot.

So today I recieved a judgment from court. Apparently I made an offer to Lowells for £3.03 a month to pay against the debt.

Only contact I had with Lowell's was when I recieved claim form. I called them and made them offer to pay by instalments if they stop the court action. They took all my details, income and expenses and so on and after declined to stop court action.

I called court today and they said they written to Claimant and Claimant has 2 weeks to reply to their letter.

The judgement is now showing on my credit report as well.

I cant enter defence against the claim as judgement was issued.

On judgement court says that if thats not amount I offered, I should write them a letter.
would it be good idea to write to court and explain all situation? That I didnt made and offer to Claimant to pay if they continue with claim?

Any help much appreciated. Thank you

[Furbinka]

Can anyone please advice me what to do next?

Thank you

[Furbinka]

Ok, so reply from Lowell's about consent to have judgement set aside

Whilst we note your comments, we must confirm that the CCJ was entered on the terms that were provided to us on your Admission response to the County Court Claim. As such, we are satisfied that the Judgment was entered correctly and we will not be looking to have this set aside.



Independent legal advice is available if you wish to dispute the matter.



A standing order arrangement is in place for £3.03 to be paid on the 6^th of each month. Your first instalment is due on 6 June 2019.



Please ensure that payments are maintained to avoid further action being taken, incurring costs.

any thoughts what should be my next step please?

Thank you

[Furbinka]

Hello everyone,

So I spoke with court and they requested Admission form from Lowells by 31st of May, they failed to provide that (I still have a empty form on me).

Case is now going infront of district Judge to have judgement removed. what gonna happen next after Judgement is removed.
will I need to submit my defence or will all the claim be discontinued please?
Any thoughts?

Thank you

[Furbinka]

Hello and thank you for great forum.

I need a help please.

Today I recieved court letter, General form of Judgment or Order stating:

Before deputy district Judge .......
Upon reading the Court papers

it's ordered that

1. The judgment set aside as entered in error.

Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days or service of this Order. If the application is one which requires a hearing, and
a) the party making application is the Defendant, and
b) the Defendant is an individindivithen upon filing of the application the claim will be transferred to the Defendant's home court.
In all other cases requiring a hearing the claim will be transferred to the preferred court.

My question, do I need to make an application to set aside and pay the fee or will that be entered automatically as the Judge ordered that it is set aside.

Please help. Thank you

[pt2537]

Hello and thank you for great forum.

I need a help please.

Today I recieved court letter, General form of Judgment or Order stating:

Before deputy district Judge .......
Upon reading the Court papers

it's ordered that

1. The judgment set aside as entered in error.

Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days or service of this Order. If the application is one which requires a hearing, and
a) the party making application is the Defendant, and
b) the Defendant is an individindivithen upon filing of the application the claim will be transferred to the Defendant's home court.
In all other cases requiring a hearing the claim will be transferred to the preferred court.

My question, do I need to make an application to set aside and pay the fee or will that be entered automatically as the Judge ordered that it is set aside.

Please help. Thank you

Are you the Claimant or Defendant, if you are the latter then no, the Court has set judgement aside, if you are the Claimant and want to keep your judgment then you may need to think about applying to set aside, however im not sure which side you are

[Furbinka]

Hi PT2537,

I'm Defendant.

Thank you

[Furbinka]

Ok. So do I need to do anything now please?

[Amethyst]

I think we probably need to know what happened for the case to get to this point. So did you ( knowingly) receive a judgment against you ? Or in your favour ? ( I mean, you did have judgment against you / in your favour but it has been set aside as it was an error, but do you know what / how / when etc ? Or is this just completely out of the blue ?)

[Amethyst]

Is it related to this ? https://legalbeagles.info/forums/for...ll-court-claim