Help with a Lowell court claim please

[nemesis45]

Re: Help with a Lowell court claim please

Hi all

A quick update - I submitted my defence on 27/03/2016
It was received on 29/03/2016

I received a letter the next day saying that the claimant had 28 days after receiving their copy of my defence to respond.

I have heard nothing since - Any ideas on when I will hear anything. Online it just says that the last document received was my defence - It has been well over 28 days x

Good morning it is most probable that the claim has been stayed (suspended) because the claimant has failed to respond to your defence. You are Not informed if this happens and you need to phone the court office to check.

nem

[jojojo]

Re: Help with a Lowell court claim please

Hi nem

Thank you - I have just rang them and confirmed that this was stayed on 3rd May as they did not respond.

I am so pleased, Thank you for all your help on this - I can't tell you how much I appreciate it x

[nemesis45]

Re: Help with a Lowell court claim please

Hi nem

Thank you - I have just rang them and confirmed that this was stayed on 3rd May as they did not respond.

I am so pleased, Thank you for all your help on this - I can't tell you how much I appreciate it x

Happy to help Jo!!

Choices: You can now apply for the claim to be struck out (fee payable) and attempt to claim the cost of the application from Lowell>

Or write to the solicitors suggesting that they refer to their client suggesting that they withdraw/discontinue the claim.

I would leave this for a while just in case they pay the required fee to lift the stay.

nem

[Carlosdecorator]

Re: Help with a Lowell court claim please

How did you get on? Did it go to court?

[nemesis45]

Re: Help with a Lowell court claim please

How did you get on? Did it go to court?

The claimant did not respond to JoJo's defence and the court stayed the claim.

nem

[Carlosdecorator]

Re: Help with a Lowell court claim please

What does that mean?

[nemesis45]

Re: Help with a Lowell court claim please

What does that mean?

If claimant fails to respond to a defence within the 28 days allowed the court will stay (suspend) the claim, the claimant will then have to pay a court fee to lift the stay so they can carry on with the claim.

nem

[Carlosdecorator]

Re: Help with a Lowell court claim please

Ah I see. If in the defence it says you don't admit to any of the debt and then it gets stayed. What would be the next step if lowel don't challenge your defence, to get the default or debt wiped?

[nemesis45]

Re: Help with a Lowell court claim please

Ah I see. If in the defence it says you don't admit to any of the debt and then it gets stayed. What would be the next step if lowel don't challenge your defence, to get the default or debt wiped?

Doesn't matter what's in the defence if the claimant does not respond the claim will be stayed.

If a debt proves to be unenforceable in court and the claim is discontinued/dismissed/struck out, it means only that it cannot be enforced by court action, the original debt and the default entry will remain on credit files for the balance of the 6 year life of the default and can still be chased for payment.

At the end of the 28 day period if you have not heard anything you will have to check with the court to find out if the claim has been stayed.

Please be aware that the above does not mean that the claim is wiped out, the claimant can at any time pay the fee to lift the stay and continue the claim.
nem