CCJ claim from lowell

[8iscuit]

OK just to update everyone I have had another letter from the courts saying that the claim has been stayed and that the 25th September the claimants must file with courts and defendant copy of all documents it will rely on,including but not limited to loan agreements any assignments in default of this order the claim will be struck out.

I hope they don't find this info im praying im on my way to a little win but wont hold my breath

[MIKE770]

ball in their court now

[Celestine]

OK just to update everyone I have had another letter from the courts saying that the claim has been stayed and that the 25th September the claimants must file with courts and defendant copy of all documents it will rely on,including but not limited to loan agreements any assignments in default of this order the claim will be struck out.

I hope they don't find this info im praying im on my way to a little win but wont hold my breath

Good to see the court being pro-active on striking out claims without merit (without documents basically). 21 days to see what they do next. Good luck.

[jaguarsuk]

I’d write to them stating that should they be unable to abide by the order you intend to ask the court for your costs and invite them to discontinue the claim with both parties bearing their own costs in about 10 days from the date of the order to turn the screws.

[8iscuit]

So should I write to the courts or lowell asking about costs? What would this achieve for me will I have to pay money yo the courts for my costs? Thsnks in advance

[jaguarsuk]

You should write to the court to ask them to strike out the claim stating they have not complied with the order and ask that the court order them to pay you costs. Enclose a schedule of costs you have incurred and you can claim for your time at £19 per hour.

Don’t claim for loads of hours, just 3 or four.

[8iscuit]

So should I write to the courts or lowell asking about costs? What would this achieve for me will I have to pay money yo the courts for my costs? Thsnks in advance

ok so i think i need to follow your advice and send a letter to courts as this case is going nowhere,i have recieved another offer of a tomlin order from lowell in the past month just ignored it

so i have checked my online account with courts that has not been updated with any information since june last year even though i rang courts and they say lowell sent new paperwork in but they are to short staffed to deal with it.

[MIKE770]

Might be last attempt before discontinue. See what next? Was allocation mvol stops recording as local court??

[8iscuit]

Sorry Mike I don't understand what a mvol is? I'm going to gotta take courts again

[MIKE770]

as stated see their next move do not write to courts

MCOL should of read once case passed to courts MCOL stops recording by Northampton as being dealt with locally!

[8iscuit]

my case is now sitting with a district judge at court waiting tobe heard i spoke with courts today and they said should be heard this week,i am very nervous and hope my defence was enough but should have a decision soon but its taken ages due to covid i have almost forgot about it a few times.

i would like to thank everybody for your advice and support i wouldnt have got this far without you.

[8iscuit]

okay so the courts have wrote to me saying i have a hearing date in january

parties to serve all documents by middle of december

witness statements must be included in the document filed and served including statements from the parties themselves if giving evidence

court must be informed if case is settled

this order made in absence of parties

unless the claimant does by 4pm on 14th december pay the courts the trial fee of £195 or file a properly completed application (i.e one which provides all the required information in the manner requested) then the claim will be struck out with effect from 14th december without further order and unless the court orders otherwise you will also be liable the costs that the defendant has incurred.

okay so thats pretty much the important part of the letter am i right in thinking the judge is sticking to the guidelines and asking for all the documents that you guys suggested i demand to prove the dedts valid?

do i need to prepare a fresh witness statement or provide anymore evidence for the courts or are they basically asking lowell to prove the dedt?

i also intend togo to court to defend myself and if i was to win this case would lowell be liable for my time spent defending myself?

[MIKE770]

@JAGUARSUK please advise.

[Celestine]

Can you upload a copy of the Order please - hide name and claim number please.

[jaguarsuk]

If I were you I'd file a witness statement with everything that has happened since you served and filed the last one. Title it supplementary witness statement. Add any communications they have sent you and you have sent back sine you filed a witness statement as exhibits.

This will demonstrate to the court that you have consistently asked them to evidence their claim and they simply keep refusing.

Yes you can ask for costs, these are limited usually to expenses, but you could argue pursuant to CPR 27.14 that their conduct on the claim has been poor in refusing to evidence after multiple requests and that they have wasted the courts time. If the judge agrees you can ask for your time at £19/hour, but don't take the mick when stating how many hours you have spent on the claim.

If you wish to go down that route you need to file and serve on the other party a schedule of costs 24 hours prior to the hearing.