WON !! Discontinued !!! - Lowell No CCA County Court

[bluebottle]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Sounds like you might have entered something that's been filed as a defence on your acknowledgement form... don't worry its happened a fair bit so it's not just you . Give the court a call and ask them what date your defence was entered and if they could possibly send you a copy of it as you don't have a record and don't think you entered a defence, only an acknowledgement.

We had a case a couple weeks ago where the court had filed an acknowledgement as a defence wrongly and had to wind the case back to allow the defendant to enter their defence.

(the file will be with your local court now, but if they don't have it might be worth giving Northampton business centre a call too)

Sounds like someone at the court needs to go to Specsavers. :grin:

[AjayM]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

OK, even more worried now after speaking to the CC Offices.
It seems the case is still going ahead, court fees are paid. I had a look at my defence (which I had sent in with the acknowledgement form) it went something like this: The defendant denies that he is liable to the claimant as the alleged particulars of their claim or at all. The defendant has not entered any agreement and has sent the claimant a request for documents. CA copy of alleged Credit Agreement as allowed under the CCA. To date he has received nothing, The defendant puts the claimant to strict proof of their claim.
The office allowed me to also hand in the full defence above (which I did, not sure if that was right or not) as long as I send a copy of it to BW Legal. However, my biggest concern is that they said that a copy of the defence form will have been sent to the claimant. This has my signature on it, so what's stopping them from fabricating whatever documents they like? I'm half expecting a signed CCA to turn up on my doorstep within the next day or so...

[AjayM]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Just finished the "mediation", the outcome was that mediation couldn't go ahead as no documents have been supplied to me. However, BW Legal reckon they have the documents and they will be with me "by the end of the week". Will this be a forged CCA I wonder? Bearing in mind that they have had 7 months to produce these, and they are only now, 15 days from the hearing (and after receiving my signature from the court office) saying that they have them, where do I stand with this?

[FlamingParrot]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

It takes more than a signature to come up with a compliant CCA. :grin: Remember Lowell are not the original lender and it would be very hard for them to find the right terms from the time your account was set up, etc. if they haven't been able to obtain them so far. :thumb:

Let's see what (if anything) they come up with and post up anything you receive. :typing:

[AjayM]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Still no documents from BW Legal, even though we are 13 days until the court date. Bearing in mind that the court order stated that all documents that the parties are relying on in court should be delivered to all other parties no later than 14 days from trial date, does that mean that anything that arrives now will be inadmissible, or does that depend upon what it is?

[AjayM]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Court date tomorrow, and still naff all off BW Legal. Any tips or advice for tomorrow?

[AjayM]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Arrived at court to a notice of discontinuance. So took a day off work for nothing!

[Amethyst]

Re: URGENT HELP NEEDED PLEASE - Lowell No CCA County Court

Hi Ajay, So sorry we didn't see your last couple of posts, it sounds like you did absolutely fine.... you can ask for wasted costs off the claimant if you want to, or you might just be happy its over. Well done for sticking with it xx

[PAWS]

Re: WON !! Discontinued !!! - Lowell No CCA County Court

Fantastic News! :cheer2:Just an absolute shame you had to go through all that worry. I would be inclined to agree with Amethyst about getting somesort of recompense but then again if it were me I would be so busy doing a highland fling with joy that it would not be my first thought.:lol: