County court papers received out of blue from lowell

[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????

[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.

[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.

[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:

[FlamingParrot]

Re: County court papers received out of blue from lowell

Do they then apply for extra time, or will they issue a second court case thingy? Proper shysters aren't they!?

thank you x

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:

[Scigal]

Re: County court papers received out of blue from lowell

Does that also exclude "hand relief"? msl:

well they are a wunch of bankers!

saw that in another thread and it made me lol hard!

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

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

Does that also exclude "hand relief"? msl:

[Scigal]

Re: County court papers received out of blue from lowell

Statute Barred is an absolute defence, so that's the most important part. It is now up to the claimant to *prove* it is not if they want to continue with this. :thumb:

Do they then apply for extra time, or will they issue a second court case thingy? Proper shysters aren't they!?

thank you x

[FlamingParrot]

Re: County court papers received out of blue from lowell

Luckily they've allowed me to add that section to the defence. Phew!

Statute Barred is an absolute defence, so that's the most important part. It is now up to the claimant to *prove* it is not if they want to continue with this. :thumb:

[Scigal]

Re: County court papers received out of blue from lowell

Oh crumbs, I've already sent it now

Luckily they've allowed me to add that section to the defence. Phew!

[Scigal]

Re: County court papers received out of blue from lowell

I think you probably also need to refer to the fact that that you have on multiple occasions requested details and proof of the debt that they allege, including under CPR 31, and that they have failed to provide any.

Might be worth giving Celestine/pt2537 a PM to see what they think?

Oh crumbs, I've already sent it now

[Nibbler]

Re: County court papers received out of blue from lowell

I think you probably also need to refer to the fact that that you have on multiple occasions requested details and proof of the debt that they allege, including under CPR 31, and that they have failed to provide any.

Might be worth giving Celestine/pt2537 a PM to see what they think?

[Scigal]

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

That's beautiful thanks y. So I'll take out all i said and just use that.

im guessing that will allow the other side time to prove it? If they can't then it should be all binned? Unless they can in which we start this all over again?

X

[FlamingParrot]

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

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.

[FlamingParrot]

Re: County court papers received out of blue from lowell

I can't remember the password or anything i used when i set the account up

Didn't you get a P/W on the claim form?

See below:

Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps