Help with Lowell/Carter Claim form - i want to contest it!

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

HI there guys!!!!.

Well i filled them away and still haven't heard anymore yet? do they have a date they need to come back to me by? or can this just carry on and on? i'm looking forward to the end of this!!!!!

Hope your all well

Hi

They have 28 days from receipt of your defence to respond saying whether they wish to proceed with the claim, if they don't respond the case will be stayed but you won't be informed. Carter does seem to respond in most cases, usually with a letter asking you to settle.

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Good afternoon everyone!

Well the saga continues!! i was quietly confident the closer to the date it got! well on sunday afternoon a letter was posted through my door! no mark to say its been through postal system, i had inside it a letter from the court saying its been allocated to a small claims track (and they refused me the evidence due to it already being allocated??) but they have crossed out in pencil "the defendant has filed a defense, a copy of which is enclosed"??? (see photos)
that came with a questionare for small claims track, and a leaflet about mediation, i couldnt log on start of the week to post this so hence its taken a few days to ask you guys, today iv also had aletter from lowell saying they need 8 weeks to deal with my complaint?

so im really confused now guys was pretty confident before this now im a bit worried! so what is the next steps? is this normal? the pencil thing is really worrying me? also the fact it hasnt been through the postal system??

[Amethyst]

Re: Help with Lowell/Carter Claim form - i want to contest it!

It is ( weirdly) normal for them to cross out that line in pen/pencil. It is basically because they print the same letter to send to claimant and to defendant, but only send the defence to the claimant, so cross through that line on the letter for the defendant.

[Amethyst]

Re: Help with Lowell/Carter Claim form - i want to contest it!

The form you have received is the Directions Questionnaire to move the case to your local court. There's some help filling that in http://www.legalbeagles.info/forums/...l-Claims-Track

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Good afternoon everyone!

Well the saga continues!! i was quietly confident the closer to the date it got! well on sunday afternoon a letter was posted through my door! no mark to say its been through postal system, i had inside it a letter from the court saying its been allocated to a small claims track (and they refused me the evidence due to it already being allocated??) but they have crossed out in pencil "the defendant has filed a defense, a copy of which is enclosed"??? (see photos)

Hi
I've looked at the attachments and they are just the usual part of the court process, however, what's unusual is to have them hand-delivered on a Sunday afternoon! :noidea: :confused2:

that came with a questionare for small claims track, and a leaflet about mediation, i couldnt log on start of the week to post this so hence its taken a few days to ask you guys, today iv also had aletter from lowell saying they need 8 weeks to deal with my complaint?

It is customary to quote 8 weeks because that's the time they have to respond to a complaint before you can take it up to the FOS; I don't think that would apply here but there was someone else who also got a letter like that about about a complaint, looks like it may have to do with sending a CCA request. :confused2:

so im really confused now guys was pretty confident before this now im a bit worried! so what is the next steps? is this normal? the pencil thing is really worrying me? also the fact it hasnt been through the postal system??

The pencil thing is because the same form is used for various purposes so it's nothing to worry about, if they hadn't got your defence they wouldn't be proceeding with allocation.

The questionnaire is fairly straightforward: usually good to tick yes to mediation, give details of your local court as that's where you'd have to go if it went as far as a hearing, as well as any dates you won't be available as requested. No need to object to small claims allocation, no need for experts, key witnesses or interpreters and under witnesses, only one (yourself). Any more questions just shout. :director:

[Kati]

Re: Help with Lowell/Carter Claim form - i want to contest it!

also the fact it hasnt been through the postal system??

could it have been delivered next door by mistake (I've had a few letters that have arrived without a RM stamp/mark of any kind on them) and your neighbour's have just put it through your letterbox :noidea:??

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

could it have been delivered next door by mistake (I've had a few letters that have arrived without a RM stamp/mark of any kind on them) and your neighbour's have just put it through your letterbox :noidea:??

Would they have opened the envelope and put the documents in a new one? :confused2:

I often get post for other people who have the same house number but live in a new development behind this street and the postie often makes a mistake and drops the items here, however, I never open the envelopes, and they would obviously have a postmark showing they've been through the postal system.