received a court claim for lowell from simply be catalogue I have a lot of letter pro

[Kati]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

does it matter they sent this: I can confirm documentation has been requested from our client and our file has been placed on hold. Correspondence has bee sent to you in the post confirming this. Is there still a time limit to how this can be on hold

you STILL need to get your defence in ASAP!! "On hold" with them doesn't mean on hold with the courts

[nemesis45]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

you STILL need to get your defence in ASAP!! "On hold" with them doesn't mean on hold with the courts

Yes I agree don't rely on " On Hold" the court process moves forward.
nem

[halsaps]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

sending in a mo just filled it all out sending in a minute thanks for your help. done .what will happen next
can it be thrown out if they have not sent it within a certain time frame?

[FlamingParrot]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

no to to busy will sort out thursday morning busy last night on phone to pro bono solicitor about employment

I've been following your employment thread as you know so I'm aware that you have a lot on your plate, however, I can't emphasize enough how important this is, your defence is around six weeks overdue, that means that they could have requested default judgment against you any time, any day, over the past six weeks. :scared:

mess and been busy all day checking a possible work site

This should really only take a few minutes and will save hours or days of potential hassle trying to deal with a judgment which you won't be able to apply to have set aside because you did receive the claim and acknowledged service, only neglected to defend. :mmph:

The court would only accept things like being in hospital, having suffered a serious accident, etc. as *possible* arguments for not having submitted a defence in time, I'm sorry to say that being busy looking for work or getting legal advice about your employment case won't constitute valid arguments in the eyes of the court, for not having submitted a defence. :incourt:

does it matter they sent this: I can confirm documentation has been requested from our client and our file has been placed on hold. Correspondence has bee sent to you in the post confirming this. Is there still a time limit to how this can be on hold

Unfortunately that's a generic template letter they send to anyone who sends a CCA request, :ohwell: regardless of whether proceedings have been issued or not. We've had a couple of people on here who also believed their accounts were 'on hold' after receiving such letters, then one day the postman brought an envelope containing a general order of judgment! :scared:

[halsaps]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

Sent wedneday night awaiting reply got the automatic response back so they have it on there systeSent wedneday night awaiting reply got the automatic response back so they have it on there system i will let you know the reply what should they normally respond with thanks again for telling me what i need to do

[FlamingParrot]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

Sent wedneday night awaiting reply got the automatic response back so they have it on there system

That's very good news! :clap2:

The defence was nearly two months overdue so they could have requested judgment at any time, my guess is they missed their chance simply because they are as useless at case management as they are at everything else. :grin: :grin: :grin:

If I issued a claim I'd be standing by, ready to request default judgment as soon as the deadline expired but those guys issue thousands of claims.

i will let you know the reply what should they normally respond with thanks again for telling me what i need to do

They have 28 days from the day they receive your defence (probably not till next week) to respond and say whether they wish to proceed with the claim. If they don't respond, the claim gets stayed, however, Lowell don't usually leave claims stayed so expect to get a letter saying they wish to proceed but would consider offers of settlement or something to that effect.

[halsaps]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

yes got letter from court acknowledging receipt of my defence so they haven't done anything while i have been sorting out my other problem so I wait to see what lowell does like you've said I have to wait 28 days to see what they are going to do is there anything else I need to do. thanks for your advice

[halsaps]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

received another 2 letters saying bw legal says claimant wishes to continue with claim . We confirm we have sent a lcopy of this letter to the defendant. on the next page again it mentions continuing with the claim accordingly please find attached a copy of correspondence sent to court. but no letter was attached but today got court letter headed:
Notice of proposed Allocation to the small Claims Track..
If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.
Then: Take Notice That
1. this is now a defended claim.
crossed out it says the defendant has filed a defence a copy of which is enclosed.
2. it appears that this suitable for allocation to the small claims track
if you believe not the appropriate track for the claim complete box c1 on the small claims questionnaire form N180 and file it with the court office and serve copies on all other parties.
there is another sheet about settlement mediation form N180.
Know on the other sheet it says £464 have they just added on legal charges what do i do next please I also haven't had anything back from my cPR request for the credit agreement is that ok

[halsaps]

Re: received a court claim for lowell from simply be catalogue I have a lot of letter

gone back to bw legal to try to sort out but because my wages are bad or been messed up again I can't afford to pay them back so they have told me to have a word with step change and they have put the court claim on hold for another 30 days don't know what they will do he said something about a Tomlins order I think thats what he mentioned