Court Claim - Lowell / Shop Direct - 13-1-2016

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hello DreamX

Still no CCA request compliance? or CPR?

As this is being handled by Lowell solicitors who have shown total incompetence in a growing number of claims you would be wise to check with the court just before the end of the court "day" 1600hrs. LS has been seen to take matters right to the wire or actually fail to appear then seeking relief from sanctions put in place because or their non compliance with the court process.

nem

Hi,

Thanks for the reply...we hadn't received anything before we moved out just over a month ago....? But could they have sent something to the old address since? How do I find out? Should I ring lowell/carter informing them of a change address and ask them if they have sent anything through?

Regards

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi,

Thanks for the reply...we hadn't received anything before we moved out just over a month ago....? But could they have sent something to the old address since? How do I find out? Should I ring lowell/carter informing them of a change address and ask them if they have sent anything through?

Regards

Hi, have you not had a notification that Carter is no longer dealing with the claim. Lowell dropped Carter sometime ago in favour of an in house sols, Lowell Solicitors which has proved to be as bad if not worse than Carter.

Try ringing Carter to see what they have to say and let us know what they say.

Lowell /Carter/Lowell solicitors should have sent a " witness statement " at least 14 days prior to the hearing date, have you completed and served a WS on them.

nem

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi, have you not had a notification that Carter is no longer dealing with the claim. Lowell dropped Carter sometime ago in favour of an in house sols, Lowell Solicitors which has proved to be as bad if not worse than Carter.

Try ringing Carter to see what they have to say and let us know what they say.

Lowell /Carter/Lowell solicitors should have sent a " witness statement " at least 14 days prior to the hearing date, have you completed and served a WS on them.

nem

Hi again,

Like I said, I've not lived in my prior address for over a month now so I have no idea if they have sent anything what so ever...only from ringing the court and they stated they have not received anything since may?

I apologise...I have no idea what a "WS" is?

Thanks

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Check with the court to see if Lowell have paid the hearing fee for Friday.

Di

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Check with the court to see if Lowell have paid the hearing fee for Friday.

Di

Thanks...I have checked and they HAVE paid the hearing fee for Friday...

Regards

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

So the court date is set for this Friday (22/07/16) the issue is we moved house just over a month ago...we have just recently managed to change the address over for the courts but I'm not sure if lowell would have sent anything over to the old address.

After speaking to the courts they say they haven't heard anything from lowell since may?

Do you know what Lowell did or told the court in May?

Double check the hearing on Friday is the Trial and not something else like an application by the Claimant for a Summary Judgment (which I doubt but it's worth checking).

You should have been sent a Notice of Hearing with Directions from the court after it had been allocated. The Directions basically set the timetable of events with a list of anything they require both parties to do and when to do it by. Typically that will include filing a Witness Statement.

Do you have the option to go round to your old address to see if anything has been sent there? Or did you set up Royal Mail re-direct when you moved out?

I don't know what you said in your Defence but when did you open this account? Was it before or after April 2007?

Di

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Do you know what Lowell did or told the court in May?

Double check the hearing on Friday is the Trial and not something else like an application by the Claimant for a Summary Judgment (which I doubt but it's worth checking).

You should have been sent a Notice of Hearing with Directions from the court after it had been allocated. The Directions basically set the timetable of events with a list of anything they require both parties to do and when to do it by. Typically that will include filing a Witness Statement.

Do you have the option to go round to your old address to see if anything has been sent there? Or did you set up Royal Mail re-direct when you moved out?

I don't know what you said in your Defence but when did you open this account? Was it before or after April 2007?

Di

The last thing that was recieved by us was the "Notice of allocation to the small claims courts (hearing) " Dated 19th May

I have spoken to the court and they stated they have not sent us anything else since the above letter...

I have just spoken with Lowell and they have also said we haven't missed anything from them at all...I asked them about the cpr and cca which they didn't comply and she stated the only document they had was the "agreement"

I used the standard template defence used on the majority of claims on here....the account was opened after 2007

Thanks

[Amethyst]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Any chance you can post up the letter you had giving the hearing date? Have you double checked through it to make sure the court hasn't asked for Witness Statements ?

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Any chance you can post up the letter you had giving the hearing date? Have you double checked through it to make sure the court hasn't asked for Witness Statements ?

Hi again,

Yes in point 2 on the letter it says : Parties shall file with the court and serve on the other party copies of all documents upon which they intend to rely on no later than 14 days before the hearing. 3. Included in the copy documents shall be written statements of the witnesses (including the statements of parties themselves)

Is that the part you mean?

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Any chance you can post up the letter you had giving the hearing date? Have you double checked through it to make sure the court hasn't asked for Witness Statements ?

Any advice...what should I do next? Time is running out and I need to know if I should get anything to the court or not???

Thanks

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

I have just spoken with Lowell and they have also said we haven't missed anything from them at all...I asked them about the cpr and cca which they didn't comply and she stated the only document they had was the "agreement"

Did you get the name of the person at Lowell who you spoke to?

From what you say that telephone call may have been an admission that:

(a) they don't have the DN

(b) they don't have the NOA

(c) they've not filed a Witness Statement with the court nor served it on you as per the Directions (I'm guessing this because you've not posted up the letter which Amethyst asked to see).

A WS with associated Exhibits (paperwork/documentation) is evidence. Without evidence how do they expect a DJ to grant their wish of a CCJ against you?

You say that the Lowell's representative told you on the phone that the only document that they have is the "agreement". If that's true then why have they not sent it to you in response to your CCA request to them (or have they sent it to your old address?).

At times like these it's best to do everything in writing not on the phone. Due to the tight timescale you may find email is best.

The hearing isn't until Friday - you have time to hopefully box them into a corner. You need to be prepared to go to the hearing though.

Di

[Amethyst]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

And you didn't file a Witness Statement either? ( just double checking ?)

If not then I would be inclined to put one together and get it to the court and the claimants. It is late but as they haven't submitted anything you should be okay, and it will help you at the hearing if the judge has already got your WS and thus arguments in writing first.

The Witness Statement will be basically similar to your defence - have a look at a couple of examples here -> http://legalbeagles.info/forums/show...ness-Statement

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Hi again,

Like I said, I've not lived in my prior address for over a month now so I have no idea if they have sent anything what so ever...only from ringing the court and they stated they have not received anything since may?

I apologise...I have no idea what a "WS" is?

Thanks

WS = Witness Statement both the claimant and defendant must complete one and copy it to the court and the other party in a claim.
As said try ringing Carter, but I suspect that they may say the are " no longer instructed" and the claim is now with Lowell solicitors which is what we need to confirm.

nem

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

And you didn't file a Witness Statement either? ( just double checking ?)

If not then I would be inclined to put one together and get it to the court and the claimants. It is late but as they haven't submitted anything you should be okay, and it will help you at the hearing if the judge has already got your WS and thus arguments in writing first.

The Witness Statement will be basically similar to your defence - have a look at a couple of examples here -> http://legalbeagles.info/forums/show...ness-Statement

Thanks for the info...

No I didn't file a witness statement but I will get one dropped off today...I can do that in person. Should I put a note on it explaining the reason for it being late and who do I give it to at the court?

Regards

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

I have just spoken with Lowell and they have also said we haven't missed anything from them at all...I asked them about the cpr and cca which they didn't comply and she stated the only document they had was the "agreement"

Did that conversation take place with Lowell Solicitors and not Lowell Portfolio or Lowell Financial (the Claimant)? If so then that indicates they (not Bryan Carter) are instructed and you should have received a Notice of Acting from the court to confirm the change/substitution.

Why not include some (not all) of that Lowell's telephone conversation in your Witness Statement (WS). State that on the 18th July 2016 you spoke to Miss X who confirmed that they don't have all the documents which you requested in your CPR 31.14 letter. Inform the court (and exhibit your CPR Request letter) that you have no recollection of receiving a Default Notice or Notice of Assignment (only if that's true) which is why you've asked the Claimant to provide them.

Obviously you'll refer to their non compliance with your s.78 request but I see no need for you to refer to the account being opened after April 2007. It's the Claimant's job to provide the court with evidence. If they've got a copy of the "agreement" (as they have said) then they should disclose that to the court and to you with their WS.

Post up your WS before you file it.

Also ring the court and check again whether they have received anything from Lowell. The lady on the phone may say Lowell has not sent you anything but that doesn't necessarily mean they haven't filed a WS at court with a copy served to your old address. The court told Lowell to file a WS 14 days before the hearing. If they haven't done that they may face sanctions if they file it late which could mean their evidence may not be allowed.

Sometimes it pays to have a cynical attitude towards debt purchasers.

Di