County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

Extra time? If the debt is SBd, it means they've run out of time and can't do anything about it! :clock: :clock: :clock:

I mean in terms of this particular episode, or does the court decide too late, tough titty. And that's the end of it.

im wondering because everyone could just turn around and say SB whether it is or not. (It is btw).

I think im just nervous that they will still carry on at me, my phone is still ringing several times daily. Can they try to sell anything on again? I've known them to still do this, I have a debt that was settled and satisfied years ago, shown on my credit thing as settled (now fallen off 5 yrs since) and still they chase me for the money. I've even sent them a copy where it shows as being settled and they won't accept it. They're like fleas, they never go away.

I'm fed up of being hounded for what I don't owe. I know credit references are frown upon. But I've found it very helpful to correct mistakes and rebuild my credit after a particularly nasty divorce 11 years ago. I am full of green except for this case. :santa2:

[Scigal]

Re: County court papers received out of blue from lowell

Hi all, hope everyone isw ell.

i had an acknowledgment from the court. Saying lowells can call me to discuss my defence and they can apply for extra time if they wish


then today a letter came from the solicitors saying they acknowledge my request for disclosure of docs under cpr 31.14.

they have relayed the request to their client. Immediate response to the court is not required.

They will allow me 14 days to review docs, once provided

and my request was not made under ss77-78 of the consumer credit act 1974 and have sent back the postal order.


i dont really know what any of this means but i guess the court have given permission to lowell to phone the hell out of me.

[ODC]

Re: County court papers received out of blue from lowell

Lowells may phone. You do not have to answer them. It is up to them to prove a debt is not Statute Barred not up to you to prove it is.

[Gorang]

Re: County court papers received out of blue from lowell

Scigal

I have just read your whole thread here and I am wondering if;


Am I right in thinking that

you received the summons
acknowledged the claim
and then have defended the claim (on MCOL) with a statute barred defence when your defence was due to be submitted to court. ie within 28 days after the date of service


Also that
Drydens, still has not replied to your CPR 31.14 request (Have they signed for it yet??? I think I read that they had)
Lowell still has not replied to your CCA request (have they signed for it yet???)


and you haven't applied to the court for a 28 day extension to submit your defence (due to not receiving replies to your requests)
and
you haven't asked Drydens to consent to a 28 day extension for you to file your defence (due to them and Lowell not supplying you with replies to your requests)

Have I got all this right????

[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

[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

[littlebert8]

Re: County court papers received out of blue from lowell

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

[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.

[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.

[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

[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.

[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?

[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

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

[mystery1]

Re: County court papers received out of blue from lowell

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

M1