County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

Not an awful lot really. All i have is the letters that i typed (saved to pc) where i had asked for the CCA, then a follow up letter stating that they hadnt sent me what i requested. Unfortunately i dont have the letter they sent me which basically said they would send them in due course etc etc. i sent the CCA request twice, once i 08' then last yr.

[Scigal]

Re: County court papers received out of blue from lowell

The order does also state that original documents must be provided. Im not able to provide those, only print outs. They could argue i had knocked them up that very morning.

[Amethyst]

Re: County court papers received out of blue from lowell

Okeydokey, when do you think your last payment was made ? They will probably argue it isn't stat barred as the default was in July 2008.

[Scigal]

Re: County court papers received out of blue from lowell

I would hazard a guess at around 2004-6. In 2008 they might have used the £1 or £10 payments for CCA requests. There was something that was £10 but i dont remember what.

[Scigal]

Re: County court papers received out of blue from lowell

I just found is in the email defence

sent the appropriately worded letters for a true copy of any credit card agreement in 2008, then again in 2010. I then sent a follow up letter 6 months later to say that I had not received the CCA. I have copies and dates of both letters. I did receive a letter in 2010 acknowledging my letter but nothing further.

[Scigal]

Re: County court papers received out of blue from lowell

Okeydokey, when do you think your last payment was made ? They will probably argue it isn't stat barred as the default was in July 2008.

Ive sent my evidence off to the court and to the solicitors acting on behalf of lowells. All i have is the 2 letters i sent them in 08 and 10, and the follow up letter, and what i wrote in my initial defence. I should all arrive by tomorrow which is the cut off date. Likewise they should have sent everything they intend to use to me which should arrive no later than tomorrow. If it doesnt then im going to call the court and tell them. Fingers crossed then that all stuff arrives in good time

[Scigal]

Re: County court papers received out of blue from lowell

I phoned the court, they hearing fees were paid and they havent yet received the evidence from lowells. Deadline is tomorrow. Nightmare

[FlamingParrot]

Re: County court papers received out of blue from lowell

I would hazard a guess at around 2004-6. In 2008 they might have used the £1 or £10 payments for CCA requests. There was something that was £10 but i dont remember what.

Sounds like it could have been a Subject Access Request (SAR), the fee is £10.

[Scigal]

Re: County court papers received out of blue from lowell

Sounds like it could have been a Subject Access Request (SAR), the fee is £10.

Hiya, yes that certainly rings a bell for me but i have no idea to what. I do remember feeling annoyed at that amount knowing i could ill afford it.

im nervous as to what may arrive in the post today or tomorrow. I dont trust them but i do hope i havent made some sort of mistake years ago they must believe they have a good chance

[Scigal]

Re: County court papers received out of blue from lowell

Well today is last day that the claimant can issued their defence evidence to me and the court. Im dreading going home inCase theres something frightening there.

I hope theres no post! If so, then im going to send a letter template to them and the CC the court for them having failed to carry out order directions. But then why pay a high hearing fee if you have no evidence? Sigh

[Amethyst]

Re: County court papers received out of blue from lowell

Well if there is anything there don't panic just get it posted up on here asap and we'll help.

[Scigal]

Re: County court papers received out of blue from lowell

No post for me!

[Amethyst]

Re: County court papers received out of blue from lowell

Phew lol, still don't count your chickens, they'd be bananas to pay the hearing fee and still have no defence to your statute barred claim, but they are arrogant enough to think all LIPS are terrified of court (shhhhh)

[Scigal]

Re: County court papers received out of blue from lowell

Well im due in court on friday, and to date i have had no evidence from Lowells.

Not sure what to do. I havent had any letters to say this is nOt ahead. I bet the bastewrads wont turn up. I take a days leave, spend money parking in the city and have me frightened standing around the court room!! They have cost me a stack on overnight delivery and time as it is.


edit: sorry, i dont mean to sound so stressy and abrupt xx !

[mystery1]

Re: County court papers received out of blue from lowell

Well, i assume a judge made an order for disclosure ? Usually 14 days prior to the hearing. http://www.justice.gov.uk/courts/pro...es/part27#27.4

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing

So no documents, no evidence. Read http://www.bailii.org/ew/cases/EWCA/Civ/2013/1537.html from about 38 or so.

If they don't turn up have your costs ready.

http://www.justice.gov.uk/courts/pro...s/part27#27.14

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably

It's unreasonable to go through the court process with no intention to follow through with it.

M1