Lowell/Overdales Court Claim Form received 13/11/23

[debbie97531]

Finally received 'Notice of proposed allocation to the small claims track'

Good

Take note that
1. This is now a defended claim. The defendant has filed a defence.

That's standard.

2. It appears that this case is suitable for allocation to the small claims track. If not appropriate complete box C1 on the DQ.

Ignore C1.

3. You must by 20 Feb 24 complete the small claims directions questionnaire (form N180) and file it with the court (Civil National Business Centre) and serve copies on all other parties.

So after you filled it in, email a copy to the Court. In the Subject Line write - Case No - Directions Questionnaire - XXXXXXXX v XXXXXXXX.,
then post a copy to the Creditors solicitors.

4. There is no further correspondence from Overdales with any of the information requested. When serving the DQ on Overdales, should I reissue the request for further information with the DQ to the court and Overdales? or should I wait and use it later?

Just write on the DQ, that you have requested information from Overdales, but to date you have not received it.

5. The Small Claims Paper Determination Pilot is throwing me a bit.

I think that is referring to a Hearing without you present. You don't want that. You want a Hearing in person.

6. Is D1 where I list all witnesses so as to have a hearing? I am tempted to list Lowel Solicitors who are Lowell Portfolio 1's legal representative for their previous claim in which I have a letter of discontinuance. Or is this just evidence and there is no benefit to bringing them in as a witness?

No, you don't want to call Witnesses, reason being, say you lost the case, you would have to pay costs, travel, hotel etc.
You've got the evidence, letter of discontinuance etc. no need to go the Witness route.

Hi, just an update and query about what to expect next.
The DQ led us to mediation and the mediator was helpful in not wasting anyone's time. The Lowell representative wasn't effectively briefed and therefore couldn't respond to any of the outstanding queries.

It was therefore referred back to court and transferred to the local county court. A letter has been received requesting the email previously issued to the former court and a judge will give further directions once received.

I guess we are close to court. Nothing further has been received from Lowell or Overdales. Therefore we await the next correspondence from the local court.

[echat11]

Hi, just an update and query about what to expect next.
The DQ led us to mediation and the mediator was helpful in not wasting anyone's time. The Lowell representative wasn't effectively briefed and therefore couldn't respond to any of the outstanding queries.

It was therefore referred back to court and transferred to the local county court. A letter has been received requesting the email previously issued to the former court and a judge will give further directions once received.

I guess we are close to court. Nothing further has been received from Lowell or Overdales. Therefore we await the next correspondence from the local court.

Although it might seem close, it's actually still a bit of a wait. The Judge / Court will send you and the other party an Order / Instructions which need to be followed. So remember you can make 'Without Prejudice' offers to settle the matter, start with low offers i.e. 5%, just write 'Without Prejudice' on the letter, if you want to settle the matter. Witness Statement 14 days before Hearing would be next.

Take a look at the following.

https://legalbeagles.info/forums/for...ess-statement/

[debbie97531]

Although it might seem close, it's actually still a bit of a wait. The Judge / Court will send you and the other party an Order / Instructions which need to be followed. So remember you can make 'Without Prejudice' offers to settle the matter, start with low offers i.e. 5%, just write 'Without Prejudice' on the letter, if you want to settle the matter. Witness Statement 14 days before Hearing would be next.

Take a look at the following.

https://legalbeagles.info/forums/for...ess-statement/

Just to update and consolidate:

The court have requested via general form of judgement or order better particulars of claim:
1, a 'copy of the contract'.
2, Details of the debt with a statement or breakdown.
3, Any letters sent by the claimant.
4, Details & notice of assignment.
5, The claim will be struck out unless the claimant complies with the above.
6, If better particulars are provided I have an opportunity to amend the defence.

The claimant has responded with:
1, 'The claimant does not have access to the original agreement and a copy was provided to the defendant at the outset.'
Q: As no agreement has been provided to the court, would this mean automatic strike out? Should I respond to the amended particulars to the effect that no agreement has ever been supplied or just point the court in the direction that this is not compliant with their order document? or do nothing as the court will note this?
2, The claimant has provided a final bill rather than a statement or breakdown of the account. The bill is to an address I don't recognise.
Q: Should I point out that this is not my address within the amended defence?
3, The only letter provided is that of the assignment (not to my address).
Q: Should I point out that this is not my address within the amended defence?
4, as noted in 3 above.

Q: as exhibits have been provided, should I provide evidence of my address at the time of their documents within the defence or should I stick to the point that no agreement has been provided and therefore I still have insufficient evidence on which to base my defence?

Q: I can also say with certainty that I don't recognise the phone number on the EE bill but I wouldn't know how to go about proving this.

I have an opportunity to amend the defence. I feel the court would expect a response even if there is no material change to the defence. i.e. no original agreement or terms have been provided.

[echat11]

I would respond with an Amended Defence to their Amended Particulars of Claim. The Court need to know that they haven't complied with the Court Order. They've responded so it's 'hit / miss' if it's Struck Out.

a) The claimant has responded with:
1, 'The claimant does not have access to the original agreement and a copy was provided to the defendant at the outset.'
Q: As no agreement has been provided to the court, would this mean automatic strike out? Should I respond to the amended particulars to the effect that no agreement has ever been supplied or just point the court in the direction that this is not compliant with their order document? or do nothing as the court will note this?

You could respond with the following 'The Claimant has failed to provide a 'copy of the contract' as ordered by the Court on XX/XX/XX. The Claimant states 'that a copy was provided at the outset', the Defendant denies receiving a copy as stated.

b) 2, The claimant has provided a final bill rather than a statement or breakdown of the account. The bill is to an address I don't recognise.
Q: Should I point out that this is not my address within the amended defence?

Again same format 'The Claimant has failed to provide a 'Statement of Account', they have provided a final bill with an address that the Defendant does not recognize'.

c) 3, The only letter provided is that of the assignment (not to my address).
Q: Should I point out that this is not my address within the amended defence?

Again same format 'The Claimant has provided a Letter of Assignment with an address that the Defendant does not recognize'.

d) 4, as noted in 3 above.

Q: as exhibits have been provided, should I provide evidence of my address at the time of their documents within the defence or should I stick to the point that no agreement has been provided and therefore I still have insufficient evidence on which to base my defence?

This is up to you, I personally would provide the evidence of your address at the time, make sure it highlights the inaccuracies in their claim.

e) Q: I can also say with certainty that I don't recognise the phone number on the EE bill but I wouldn't know how to go about proving this.

Again same format 'The Claimant has provided an EE bill with a phone number the Defendant does not recognize'.

f) I have an opportunity to amend the defence. I feel the court would expect a response even if there is no material change to the defence. i.e. no original agreement or terms have been provided.

Agree.

[UGCAIAGG]

Did it get struck out?