Shimewaza Lowel Portfolio 1 Ltd court claim

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Update,

I paid the £80 the application fee and emailed the court on 11/3. Today I called the CCBC and was advised the file and application has been transferred to my local court? presumably common practice? (On the Form N244 I ticked box, for a hearing with District judge)

[Amethyst]

Re: Shimewaza Lowel Portfolio 1 Ltd

Yes indeed, absolutely normal for that to happen at this stage. Will be a case of waiting to see if the judge makes an order without a hearing or invites you to the court now.

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Update,

Back in March received notice from Bulk processing office to say case has been transferred to my local court.

The court has not contacted me or provided me with any update as to dealing with the order?

Is this common practice?

I feel a little disappointed that the judge and court is taking forever to do anything and the claimant has a ridiculous amount of time to collate necessary info, despite not providing it. Also for taking fee for the order and sitting on the docs.

What would be the most appropriate course of action to get some progress with this?

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Phone Northampton and your local court. Paperworks either delayed or lost i'd say.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Phone Northampton and your local court. Paperworks either delayed or lost i'd say.

M1

Thanks M1 for your prompt reply,

The paperwork was duly emailed to them, if they have printed it and lost it that is shocking, I will give them a tinkle tomorrow to find out what has happened.

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

update,

Finally received notice of hearing,

And attended hearing.

The Judge did not even have the paperwork or draft order information to hand?

The judge said that usually people file a defence and then review the paperwork afterwards

The legal rep for Lowell requested a further couple of months to provide the docs to me and the judge granted their request. The judge did not grant an unless order. I Pointed out that requested cpr 31.14 info back in January 2014 and that they had sufficient time to comply and judge was disinterested.

Is there some sort of formal review process? rather stressed now

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

So what actually happened ?

What about costs ?

I'd hazard a guess that if it's taken this long and they want 2 months, that they think they'll struggle.

As both sides attended the hearing the only option to try and change what the judge has ordered is to appeal. That's not going to happen as it's too expensive.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Update:

Jude ordered that they provide POC to me, and that that provide copy agreement, terms and conditions etc default notices by mid Aug and for me to file defence in the next couple of days.

I have only just received POC together with copy of signed agreement, so have little time to file a defence, or accept debt or check whether it was actually paid (unlikely).

As the judge was rather Sym'pathetic' and granted them more time and was unwilling to grant the unless order, I am not sure what benefit there is to request more time or another hearing, i.e acknowledge the original creditor but had no notice of assignment of debt so how do I know they are legally entitled to recover the debt.

Is there any other alternatives ie make some form of offer, and if so can they still chase/recover the full amount due? could the debt be out of time?

[skilganon]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Update:

Jude ordered that they provide POC to me, and that that provide copy agreement, terms and conditions etc default notices by mid Aug and for me to file defence in the next couple of days.

I have only just received POC together with copy of signed agreement, so have little time to file a defence, or accept debt or check whether it was actually paid (unlikely).

As the judge was rather Sym'pathetic' and granted them more time and was unwilling to grant the unless order, I am not sure what benefit there is to request more time or another hearing, i.e acknowledge the original creditor but had no notice of assignment of debt so how do I know they are legally entitled to recover the debt.

Is there any other alternatives ie make some form of offer, and if so can they still chase/recover the full amount due? could the debt be out of time?

is there any way you could remove all personal detail and post a copy of what they have sent you ?
a) the 'agreement'
b) their POC

what about
the terms and conditions
the default notice
the notice of assignment

have they also sent these?

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

is there any way you could remove all personal detail and post a copy of what they have sent you ?

a) the 'agreement'
b) their POC
what about
the terms and conditions
the default notice
the notice of assignment

have they also sent these?

I do not have a scanner so cannot upload,

what about the terms and conditions - sent what looks the front and reverse of the CC credit agreement which look like terms and conditions

the default notice - sent copy CC statements but nothing that states default notice

the notice of assignment - not sent but judge did not specifically say notice of assignment

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

The court order provided a total of 12 weeks (8 weeks for them to get the info to me and four weeks for me to compile and file a defence)

Is it possible now to apply for an extension to the time to compile a defence on the basis that the claimant provided the documentation to me four weeks later than permitted by the court order? (they used up the full 12 weeks)

[Amethyst]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Did you get a copy of the court order in writing after the hearing?

Still no sanction penalty on it?

[Amethyst]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

I do not have a scanner so cannot upload,

what about the terms and conditions - sent what looks the front and reverse of the CC credit agreement which look like terms and conditions

the default notice - sent copy CC statements but nothing that states default notice

the notice of assignment - not sent but judge did not specifically say notice of assignment

Can you read the terms and conditions on the documents they sent you? (ie. are they legible)

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Hi, Yes I received a copy of the court order, there was no sanction penalty on it,

The T&C are small and not completely clear (photocopied) - although a friend says they can read it clearly.

I was perplexed as to the incompetence of the system, as despite the courts taking forever to organise the hearing, the judge did not have the documentation that was provided to the courts, (despite it being emailed to the court when the application was made). The Judge as I said was rather sym'pathetic' and refused to do any sanction. the judge was disinterested that they failed with to reply in time scale for initial cpr 31.14 request.

Feels like they can rough ride over their duties, take the biscuit so to speak (ignoring court timescale) leave me out of time and then and then proceed with judgement.

If I apply for hearing I anticipate the judge will be of the opinion, yes they failed to provide you with the documentation per the order in time, however you have it now and its too late anyway, default judgement...

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

thank you for your prompt replies