Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi again,

Thanks for all your help in this thread, it is very much appreciated!

I have received an email from the mediation service team asking me to choose a date for a mediation phone call. However on the email in order to agree to it I must agree that the claimant has sent all the documents I require, which they haven't.

I'm unsure how to proceed with this as my defence is that they haven't provided me with any of the documents I requested. Should I refuse mediation now after agreeing to it on the n180?

Thanks again

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi again,

Thanks for all your help in this thread, it is very much appreciated!

I have received an email from the mediation service team asking me to choose a date for a mediation phone call. However on the email in order to agree to it I must agree that the claimant has sent all the documents I require, which they haven't.

I'm unsure how to proceed with this as my defence is that they haven't provided me with any of the documents I requested. Should I refuse mediation now after agreeing to it on the n180?

Thanks again

Good morning Ministe.

You need to inform the mediation service that the claimant has failed to comply with a CCA request and CPR31.14. The service will then return the claim to your local CC Hearing Centre which will then take over management of the claim.

Mediation appointments are scarce so if inform the service promptly they may be able to reallocate the space.

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi again,

I have now received my hearing date (4/7/2016) and I'm struggling with what I have to send to the court before the hearing takes place.

Do I have to provide a statement? I'm guessing I send copies of receipts from the post office and the letter from Lowell's Solicitor saying they will send me the documents (which they never did).

I'm also unable to attend court due to work, how would I word a letter informing them of this?

Sorry for all the questions. Its crunch time and I'm starting to get very nervous about things!

Thanks in advance for all your help, it is very much appreciated.

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Hi again,

I have now received my hearing date (4/7/2016) and I'm struggling with what I have to send to the court before the hearing takes place.

Do I have to provide a statement? I'm guessing I send copies of receipts from the post office and the letter from Lowell's Solicitor saying they will send me the documents (which they never did).

I'm also unable to attend court due to work, how would I word a letter informing them of this?

Sorry for all the questions. Its crunch time and I'm starting to get very nervous about things!

Thanks in advance for all your help, it is very much appreciated.

You have to make a witness statement just like making a statement about an accident really there's a specimen in the green box above, try making a draft and post it here then we can go through it with you.
You will need to provide all documents on which you intend to rely on in court At Least 14 Days Prior to the Hearing one lot for the court and one for the claimant, you are required to have the original data with you in court.

nem

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Example witness statement http://legalbeagles.info/forums/show...ness-Statement (it's not in the green box - maybe I'll add it ?)

You can inform the court you are unable to attend up to 7 days before the hearing. Lets get the WS sorted and sent in then do a letter asking court to hear in your absence.

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Example witness statement http://legalbeagles.info/forums/show...ness-Statement (it's not in the green box - maybe I'll add it ?)

You can inform the court you are unable to attend up to 7 days before the hearing. Lets get the WS sorted and sent in then do a letter asking court to hear in your absence.

My mistake apologies.
nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Please find attachment the first draft of my witness statement. Is everything ok with what I've edited? I need to remember to make sure its all black text for when I send it!

Do I simply send the exhibits along with the WS with the corresponding letter hand written on the top?

Thanks for all your help

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Anyone available to read my WS so I can get it sent to the court?

Thanks

[charitynjw]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Anyone available to read my WS so I can get it sent to the court?

Thanks

Reading Now!

nem

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Please find attachment the first draft of my witness statement. Is everything ok with what I've edited? I need to remember to make sure its all black text for when I send it!

Do I simply send the exhibits along with the WS with the corresponding letter hand written on the top?

Thanks for all your help

Ok, just a couple of additions.

The " intro" should have your name and address.
e.g.
Claim No....................................

Between
Their name as on the claim form.........................Claimant

and

I your name .................................................. ......Defendant
of Your Address

Will say as follows;

1. On date I received this claim via the Northampton County Court Business Centre.

Just format to fit that in and renumber para's as required.

I know most judges like to have the full details on a WS it make ease of reference.

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Thanks Nemesis, I've made those changes. Is it ready to send now?

Do I simply send the exhibits along with the WS with the corresponding letter hand written on the top?

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Thanks Nemesis, I've made those changes. Is it ready to send now?

Do I simply send the exhibits along with the WS with the corresponding letter hand written on the top?

Hi Ministe,

Yes label each document e.g Lowell Letter Exhibit 1, etc.

Good to go once that's done.

nem

[ministe]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

WS sent to the court and claimant, thanks for your help!

Any links to an example letter to ask the judge to procede with the court hearing in my absence?

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 LTD / LloydsTSB - 14-1-2016

Something like



By email: xxxxxxxxxxxx County Court (email address)
And by post: xxxxxxxxxxxxxxx address xxxxxxxxxxxxxxxxxxxxx

Dear District Judge xxxxxxxxxxxx
xxxxx v xxxxxxxxxx - Claim XXXXXXX
Hearing Date: xxxxxxxxxxxxxx 2016 – xxxxx pm
I am the Defendant in this case and unfortunately, due to xxxxxxxxxxxxxxxxxxxxxxxxxx, I will be unable to attend the hearing scheduled for the xxxxxxxxxxxxxxxxxxx 2016 at XXXXXX pm as I am unable to xxxxxxxxxxxxxxxxxxxxxx.
Please accept this letter as written notice of my non-attendance as required by Civil Procedure Rule 27.9. I am filing with this letter and the court a copy of my Skeleton Argument and Exhibits prepared for the hearing and confirm that I have served copies on the Claimant. I have also informed the Claimant that I will be unable to attend.
I enclose a copy of my receipt of posting for service of documents on the Claimant.
I respectfully request the court hears the case in my absence and take into account my skeleton argument, witness statement and other documents filed and served with the claimant and the court when making a decision.

Yours faithfully

xxxxxxxxxxxxxxxxx