** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

You know what I meant the CCA request under s77/78 don't apply.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Hi, Any more info?

thanks

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Well you can't admit a debt you don't know exists.

Have you checked your credit file to see of there is anything from Lloyds on there?

And I think PT is asking if you had received termination / default notices on the debt.

Haven't spoken to Kate yet xx

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

Good evening everyone,

I have a further update that i dont understand what it means please help!!!

This comes from Northampton county court

Before deputy district judge Murray Smith sitting at Northampton (CCBC) County Court, 4th floor st katharine's HOUSE, 21-27 ST Katharines street, northampton NN1 2LH on the 18th March 2014

It is ordered that:

1. No power to order specific disclosure in SCT cases.

2. Defendant to file defence by 4pm on 3rd april.

Note: this order has been made without a hearing under the courts case management powers contained in the Civil Procedure rules part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under Part 23 Rule 10. you must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon filing of the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

what does this all mean????

thanks
J

Being an awkward git myself i'd contest that. It's not a road many would advise or indeed take but there you go. If the claim has not been allocated and even this order does not appear to allocate anything then cpr 27 does not apply.

http://www.justice.gov.uk/courts/pro...es/part27#27.1

Scope of this Part

27.1
(1) This Part –
(a) sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26




Now, if you don't want to contest it, contact the court and whinge about it and they may look in to refunding your application fee as you never got your hearing.


You will have a 2nd chance on documentation issues when the case is listed and the judge orders disclosure 14 days before the hearing of the case. If they fail then they can't produce them later and hence the case would be in deep trouble.

M1

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Hi Mystery, Thank you so much for your response. Because I'm obviously totally inexperienced at this it does drive you to insanity which is probably what they hope to do to you so you cave in!!

I really do want to fight this (that's my nature also)but the further we get down the line the more worried I get, obviously I've taken all the fantastic advice given on this site which I must say has blown me away and I cannot fault it, what worries me is I took the advice to get the order raised for them to foreclose the documentation and a judge has thrown this out!!! what's to stop me now incurring more cost if I continue to challenge and the end get no where??

I understand nothing is guaranteed when your dealing with the law and how a judge perceives this and make a human decision, I'm just starting to feel the law is biased to these money grabbing companies that prey on people who have fallen into financial difficulty because the government couldn't control the banking system properly!!

If I ask for a realistic view based on other peoples experiances with the same sort of case, are these winnable? if so whats the best course of action? If not when is the best time to settle? what would you settle for? if paying monthly what figure is a reasonable amount based on the current total debt £1304?

my continued thanks
J

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

I really do want to fight this (that's my nature also)but the further we get down the line the more worried I get, obviously I've taken all the fantastic advice given on this site which I must say has blown me away and I cannot fault it, what worries me is I took the advice to get the order raised for them to foreclose the documentation and a judge has thrown this out!!! what's to stop me now incurring more cost if I continue to challenge and the end get no where??

You can still fight it without doing as i suggested. It may be that a simple phone call will get that £85 you spent back. Technically your application was sound enough but as always it's up to a judge. Most people will accept the decision including the likes of PT2537 who is a consumer litigation specialist. If i think i'm correct i always try as far as i can go to get things corrected, but it's not for everyone and does incur an additional application charge. I wouldn't blame you if you didn't but if the case has not been allocated then the Judge was wrong in law.

It may be more prudent to enter a defence and hope they can't meet the 14 day deadline and if they do you can always settle then. The costs to them of pursuit mean the profits are relatively small so they will save money by settling as a lawyers full cost is probably not recoverable.

M1

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Thank you, would I enter the same defence again i.e that they have not provided me with any documentation etc. etc.?

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Sorry, also how can a court state that:

1. No power to order specific disclosure in SCT cases.

I was informed that this case has not been allocated to this track and in a B/C letter they even stated 'this will probably be allocated to SCT' which surely means it hasn't yet!!


I'm confused lol

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

You would enter a defence on what you know and deny what you didn't. Then see what happens and settle within 14 days of trial if you wanted or needed to.

Sorry, also how can a court state that:

1. No power to order specific disclosure in SCT cases.


I was informed that this case has not been allocated to this track and in a B/C letter they even stated 'this will probably be allocated to SCT' which surely means it hasn't yet!!




I'm confused lol

The judge is wrong plain and simple. Had the judge allocated it he'd have more of a point but it appears from the order they haven't so they are wrong. That is one of the reasons to ask for a hearing with an application so you can argue the point in front of them. The fact they proceeded without a hearing at least gives a chance to ask for a refund so you are only frustrated rather than out of pocket.

I might be the only person on the planet who would chase the judges error. :tinysmile_aha_t:

M1

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

Just for information, not to take the p!ss.

http://www.legalbeagles.info/forums/...251#post421251

http://www.legalbeagles.info/forums/...288#post421288

M1

[mystery1]

Re: Please Help!!!! Lowell / Lloyds court claim

Did you actually enter a defence ?

Also reading back i see you went for without a hearing. Sadly this is asking for trouble, you can't change a judges mind if he's a pillock and you're not there to make them see sense.

M1

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Did you actually enter a defence ?

Also reading back i see you went for without a hearing. Sadly this is asking for trouble, you can't change a judges mind if he's a pillock and you're not there to make them see sense.

M1

Hi, Yes I did enter a defence using all the advice with regards to them not supplying information about the alleged debt so I cant defend something I know little about.

Is this the same tact I use for the next defence on the 4th April?

Thanks J

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Yes I'd say so, you can't defend as you don't know what it is. Probably should do a more detailed defence (saying you can't defend oddly) though;

Could you just type up the original particulars of claim from the claim form please in full. (or if you already have can you point me to it as I had a quick read through and couldn't see it)

Also have you had ANY other information from the claimants at all ?

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Hi Amethyst

I will have to copy it on Monday as it's at work, I will then post it on here for you to read through.

thanks J

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Only other info I've had from B/C is a copy of a direct debit agreement/out of court settlement. The offer to call them and discuss a settlement