County court papers received out of blue from lowell

[Amethyst]

Re: County court papers received out of blue from lowell

Excellent Ta. Don't worry you have time to sort any issues out, something's confused the court and it could be that odd 'claimants defendant' bit at the start of the defence...you can call the court tomorrow and check if theres any other paperwork been filed tmw which might help too.

[Scigal]

Re: County court papers received out of blue from lowell

Hi thanks, im going to fire up the laptop and post the exact wording,because i am totally muddled up now

[Amethyst]

Re: County court papers received out of blue from lowell

So defence entered based on statute barred and you have a cca request in since January that hasn't been complied with ... tho need to check that as I think you got your postal order sent back?. You did do a CPR request but that's out the window soon as you put in a defence, so the claimants have indicated they want to go ahead (they get 28 days from when you enter your defence to say so) hence the allocation to small claims and a hearing date.

Was this the defence you entered?

The claimant’s claim was issued on xx-xxx-2013.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £xxx.xx or any other sum, or relief of any kind is denied.

Bit of odd wording on that, which might explain confusion with defence/counterclaim bitty earlier but should be easy enough to sort out, you shouldn't be paying a hearing fee, the claimants should....They probably have some random possibly invented payments on a sheet of paper they want to use as evidence of acknowledgment of the debt ... so what would be a good plan is to get hold of bank statements that show you haven't made any payments. They should have submitted a response to your defence which you should get a copy of, may be worth checking with the court exactly what the situation is as it does sound like things have gotten confused somewhere along the line.

[Scigal]

Re: County court papers received out of blue from lowell

Hi, thanks. Its 30th may.

What is the date of disclosure? The hearing fee is due by 25 th march. Is that the same thing?

They also spelt my name wrong in the actual order. Dont suppose this automatically gets it struck put? ( clutching at straws) ( which is a fine album btw).

[mystery1]

Re: County court papers received out of blue from lowell

Whn is the hearing and when is the date for disclosure ?

M1

[Scigal]

Re: County court papers received out of blue from lowell

Sorry i didnt realise i was supposed to do that. I didnt hear back from celestine

[Nibbler]

Re: County court papers received out of blue from lowell

Probably because you should have applied to the court for the proceeding to be halted until they comply with your CPR requests, and you never did so? Not that I can see from a quick skim through the thread anyway?

What did Celestine/Amethyst reply with when you contacted them as I suggested earlier in the thread?

[Scigal]

Re: County court papers received out of blue from lowell

I dint know why this is still going on but a court date has been set by the judge. What the heck kind of evidence could they possible have???

any ideas on what i should do please?

[FlamingParrot]

Re: County court papers received out of blue from lowell

I am 99% sure this is SB, though I am nervous I may be rememebring wrongly. Exactly whatthey want I suppose. So show me the evidence or go away.

Surely, if they had evidence to demonstrate this was not SB, then they have to provde it with the CCA request?? It feels like a scare tactic...but its working.

If you submit a defence of SBd, the onus is on the claimant to prove otherwise. Response to a CCA request wouldn't prove one way or another, a CCA request is a request for a copy of your agreement, which wouldn't prove whether any payments were made into the account in the past six years or not.

[littlebert8]

Re: County court papers received out of blue from lowell

hang on a sec. Im the defendant arent I? I have defended the claim. I have filed a defence.Why do I have this letter? I am very confused to how this all works.

Looks like you might have been sent a letter intended for the claimant. Probably an admin error at the court. Call them to straighten it out.

Your CCA request only covers terms and conditions and a current statement of account. It isn't a way of getting disclosure of anything else that the claimant may rely on.

By filing a defence, you are responding to the claim as it is pleaded. A CPR 31.14 request is no longer relevant. Standard disclosure rules do not apply in small claims track. You would only get to see the other side's documents at the hearing. The court is highly unlikely to strike out the claim before the hearing unless the claimant fails to comply with a court order.

I quickly scanned the thread and I think you mentioned that they may have used some CCA request £1 payments as repayments on the account. You need copies of your letters to prove that these were the statutory CCA fee only

[Scigal]

Re: County court papers received out of blue from lowell

hang on a sec. Im the defendant arent I? I have defended the claim. I have filed a defence.Why do I have this letter? I am very confused to how this all works.

[Scigal]

Re: County court papers received out of blue from lowell

HI Littlebert, thank you. Happy new yearto you.

No I didnt file a counterclaim. Its says that this is now a defended claim. The defendant has filed a defence. It appears this case is suitable for allocatioon to the small claims court.

And nope they are still in breach of my CCA request.

What do you mean by lost the right to disclosure? AM I not allowed to see what they have? IF they have anything, shouldnt they have sent that to me when requested, they've had plenty of time.

I did enter my defence as statute barred yes.

I dont have any papers, other than I can print out the letters I have sent to them?


So with this new letter, I am going to for Q A1 tick NO for the case to go to mediation service.
Do I need to write my address on Q B? As I have said no to mediation.
Then Q C tick NO, it should not be allocated to small claims track - becuase it is SB, I have requested their evidence and CCA and this has not been forthcoming. And should be 'thrown out' or whatever the correct terminology is.
D - hearing. hmm, should I put no hearing should take place, or add my county?

E fee - Pay an allocation fee?

And write my name , rather than my usual signature, I dont trust how it could be used.

I am 99% sure this is SB, though I am nervous I may be rememebring wrongly. Exactly whatthey want I suppose. So show me the evidence or go away.



Surely, if they had evidence to demonstrate this was not SB, then they have to provde it with the CCA request?? It feels like a scare tactic...but its working.

[littlebert8]

Re: County court papers received out of blue from lowell

Also, I presume they are still in breach of your CCA request?

[littlebert8]

Re: County court papers received out of blue from lowell

hello all, today I have received a letter inthe post from Northampton.

Lowells claim they have filed adefence. the defence has not been sent to me. And Northampton are allowing a claim under the small claims track, and I have till 20th Jan to fill in the questionnaire.

they've taken their sweet time, Christmas post or otherwise.

what shall I do folks? thanks x

Why would Lowell file a defence? Did you make a counterclaim ?

I would have expected the court to serve a copy if YOUR defence on Lowell. It seems more likely that they have acknowledged this and told the court they want to proceed - hence you've got an allocation questionnaire.

You must complete and file this by the date specified.

As you have submitted a defence and its been allocated to small claims track you have effectively lost any right to disclosure. However if you defended as Statute batted then its up to the claimant to prove this wrong. If you are confident that its SB then you are in a very strong position. They are probably hoping to frighten you into admission or settlement and may well discontinue before trial. Just make sure you follow court procedure and get all your papers in order in case it does go to trial

[Scigal]

Re: County court papers received out of blue from lowell

hello all, today I have received a letter inthe post from Northampton.

Lowells claim they have filed adefence. the defence has not been sent to me. And Northampton are allowing a claim under the small claims track, and I have till 20th Jan to fill in the questionnaire.

they've taken their sweet time, Christmas post or otherwise.

what shall I do folks? thanks x