Received CCJ from Lowell HELP !

[Marra2]

Re: Received CCJ from Lowell HELP !

Hi again
Received my date for court 14th October !
1 bit of the letter confuses me it says;
Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing .
As I have received no documents from Lowell or their solicitors should I just leave it and turn up at court with the nothing they have sent me ?
The way I see it its up to them to prove this case not me to prove otherwise ?
Thanks in advance [MENTION=55034]nemesis45[/MENTION] [MENTION=3599]MIKE770[/MENTION]

[Stu]

Re: Received CCJ from Lowell HELP !

They will require your witness statement at this point

This will give you a bit of insight into the W/S http://legalbeagles.info/forums/show...ness-Statement

[nemesis45]

Re: Received CCJ from Lowell HELP !

Hi again
Received my date for court 14th October !
1 bit of the letter confuses me it says;
Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing .
As I have received no documents from Lowell or their solicitors should I just leave it and turn up at court with the nothing they have sent me ?
The way I see it its up to them to prove this case not me to prove otherwise ?
Thanks in advance @nemesis45 @MIKE770

This is in regard to your witness statement so the documents are all the correspondence to an from Lowell and their solicitors.

You Must complete a Witness Statement and send copies of all the documents and the WS to the court and the claimants solicitors At Least 14 Days prior to the hearing date.

nem

[MIKE770]

Re: Received CCJ from Lowell HELP !

Sorry been out all day

[Marra2]

Re: Received CCJ from Lowell HELP !

Thanks guys sorry for late reply been busy with work ,but I filled in a witness statement and sent copies to the court and solicitors !
Nothing from claimant side yet , they have another 7 days to send me their witness statement and after that am I right in thinking that after that the claimant cannot take any evidence to the court on the day ?

[Diana M]

Re: Received CCJ from Lowell HELP !

I filled in a witness statement and sent copies to the court and solicitors !
Nothing from claimant side yet , they have another 7 days to send me their witness statement

If the hearing is listed for 14th October why have you filed and served your WS a week early?

By doing that you've given Lowells the opportunity to react to the issues raised in your WS so they can attempt to destroy your arguments or correct any mistakes they may have made which you've kindly pointed out to them, when they come to write their WS in a week's time (although I haven't seen the contents of yours).

Ideally WSs should be exchanged simultaneously (or at least on the same day) to prevent one party taking advantage over the other.

I've not read your thread so this may not matter in your particular case, but I thought it useful to mention this issue on the forum as general advice for others

Di

[Marra2]

Re: Received CCJ from Lowell HELP !

If the hearing is listed for 14th October why have you filed and served your WS a week early?

By doing that you've given Lowells the opportunity to react to the issues raised in your WS so they can attempt to destroy your arguments or correct any mistakes they may have made which you've kindly pointed out to them, when they come to write their WS in a week's time (although I haven't seen the contents of yours).

Ideally WSs should be exchanged simultaneously (or at least on the same day) to prevent one party taking advantage over the other.

I've not read your thread so this may not matter in your particular case, but I thought it useful to mention this issue on the forum as general advice for others

Di

Sorry I wasn't told to do that and it doesn't say about this on the court forms I received !
Totally agree though it should happen at the same time so neither side can gain the upper hand .
Just have to wait and see what they come up with (so far they have had nothing )

[Diana M]

Re: Received CCJ from Lowell HELP !

Sorry I wasn't told to do that and it doesn't say about this on the court forms I received !
Totally agree though it should happen at the same time so neither side can gain the upper hand .
Just have to wait and see what they come up with (so far they have had nothing )

It's about tactics really.

Lawyers tend to work backwards from a deadline (don't reveal your hand before absolutely necessary) while Litigants in Person tend to want to get it over and done with so they can relax - which is perfectly understandable.

I hope you don't think I was being critical because the good thing is you haven't missed your deadline

The next deadline should be for the Claimant to pay the hearing fee. If you know what date that is (it should be on the Notice of Hearing/Directions) then call the court on the day after that date to see if the Claimant has coughed up. That can sometimes be an indication of whether they plan to actually turn up to the hearing.

When their WS is filed/served on you post it up on your thread to see if any of the evidence they've offered can be torn to shreds.

Di

[Marra2]

Re: Received CCJ from Lowell HELP !

Hello
They should,ve paid the hearing fee back in August so I'll ring the court and find out !
They now have 1 day to send me their witness statement (nothing yet).
Any guidance as to what to do in court if they turn up or if they don,t would be much appreciated .
Thanks

[Marra2]

Re: Received CCJ from Lowell HELP !

Update
I have just received an emailed witness statement from the solicitors I'll upload it shortly but its long and contains previous mobile phone bills in my name all be it wrongly spelt, The funny thing is I have asked them for this information and they sent nothing but now they can find it !
I think I,m screwed and probably won,t waste my time attending court. [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Received CCJ from Lowell HELP !

Update
I have just received an emailed witness statement from the solicitors I'll upload it shortly but its long and contains previous mobile phone bills in my name all be it wrongly spelt, The funny thing is I have asked them for this information and they sent nothing but now they can find it !
I think I,m screwed and probably won,t waste my time attending court. @nemesis45

This matter has been tried and dismissed by a court!

Please let's see a copy of the WS from the solicitors ( Lowell Solicitors?? If so is may on previous experience be flawed)

nem

- - - Updated - - -

Marra DON'T GIVE UP!!

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Yes Nem I will I,m trying to find something to edit it to take my details off it ! [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Received CCJ from Lowell HELP !

Yes Nem I will I,m trying to find something to edit it to take my details off it ! @nemesis45

Copy it then blank out personal details Marra or I'm sure [MENTION=49370]Kati[/MENTION] will be able to assist you.

nem

[Kati]

Re: Received CCJ from Lowell HELP !

Yes Nem I will I,m trying to find something to edit it to take my details off it ! @nemesis45

Copy it then blank out personal details Marra or I'm sure @Kati will be able to assist you.

nem

Of course ... email any docs to me (see my signature) and I'll redact and post up for you if needed xx

[nemesis45]

Re: Received CCJ from Lowell HELP !

Of course ... email any docs to me (see my signature) and I'll redact and post up for you if needed xx

Thank You [MENTION=49370]Kati[/MENTION]

nemxx