**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Do I also need to send copies of the N180 to BW and Lowell?

Thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So had a lady call me about mediation and she said as I had not been provided with any documents I requested, they wouldn't be able to help so have sent it for allocation

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I have now received notice of an Allocation Hearing which I need to attend - what is this and what do I need for court

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

If you have not received a response to the CCA received the agreement the debt cannot be enforced anyway.

Await the directions from the court.
Check with the court to see if the claim is stayed because Lowell/BW
have not filed as required.

nem

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So had a lady call me about mediation and she said as I had not been provided with any documents I requested, they wouldn't be able to help so have sent it for allocation

- - - Updated - - -

I have now received notice of an Allocation Hearing which I need to attend - what is this and what do I need for court

Thanks

An allocation hearing? That's rather unusual, on the N180 you returned, did you say you did not agree with allocation to small claims track?

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I might be turning a bit dim, but do I just attend this hearing and ask the court then about it being stayed as I have not received a reply to my CCA

Thanks

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Flaming Parot - I said that I did agree to it going to small claims on the n180

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Is this something I should be worried about as it is unusual to have an Allocation meeting

[Don Quixote]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Allocation hearings used to be quite common. Sometimes a judge or a court officer will arrange one to narrow down the issues if the claim and defence appear to be at odds – it’s designed to iron things out. Bear in mind that the allocation of a track is not just related to the value of the claim – it also relates to the complexity.

An allocation hearing should not be a mini trial, but a judge may often issue directions at a hearing, ie. order the claimant to produce a CCA or other evidence.

When’s it scheduled for?

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Two weeks time

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Can we see the notification letter please.

nem

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Allocation hearings used to be quite common. Sometimes a judge or a court officer will arrange one to narrow down the issues if the claim and defence appear to be at odds – it’s designed to iron things out. Bear in mind that the allocation of a track is not just related to the value of the claim – it also relates to the complexity.

There's nothing out of the ordinary that I can see in this case reading back on the thread, no reason for it to be regarded by the court as more complex than the rest of claims brought by Lowell. In fact, the OP has, I believe, submitted a statute barred defence. There is no need for experts or anything that would mean allocation to fast track.

Out of interest, I'm just wondering where the mention of fast track came from on the post below:

Also nothing back with regards to my CCA request to lowell or anything back from the CPR request from BW legal........should this be put amywhere on the proposed allocation to fast track court form?

I'm wondering whether a notice of proposed allocation to fast track was received at some point. :noidea:

An allocation hearing should not be a mini trial, but a judge may often issue directions at a hearing, ie. order the claimant to produce a CCA or other evidence.

When’s it scheduled for?

Now that would be most useful. :thumb:

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I've seen few cases recently when the question " what level of judge do you want etc.?" has been erroneously ticked by a defendant .

It would be worth checking with the court manager on this.

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

1st - my mistake when I put Fast Track on the post but meant to put small claims track! No notice of proposed allocation to Fast Track has been received.

Letter from Court reads ;-

TAKE NOTICE that the Allocation Hearing will take place on

XXth June 2015 at XX:XX XX

at the County Court at XXXXXXXXXXXXXXXXXX

When you should attend

20 minutes has been allowed for the Hearing

Please Note: This case may be released to another Judge, possibly at a different Court

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Is this all ok, or should I be worried!

Thanks

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

One thing that occurs to me is that Lowell/BW Legal may have expressed their intention to apply for summary judgment when they filled in the directions questionnaire. That would be one reason for the court to schedule an allocation hearing.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Should I contact the court or should I just go along to the allocation hearing and see what it is all about then?

Thanks