Help please with lowell

[rehtaeh57]

Re: Help please with lowell

I don't have any paperwork (eg contract or agreement, it was a catalogue) and plus which the goods were faulty, which was never resolved, so I don't really see how mediation could help/apply. So if I receive a phone call what should I say?

[nemesis45]

Re: Help please with lowell

I don't have any paperwork (eg contract or agreement, it was a catalogue) and plus which the goods were faulty, which was never resolved, so I don't really see how mediation could help/apply. So if I receive a phone call what should I say?

Hi, when asked the questions by the mediator you have to be able to answer yes to all points.
No agreement, or other documents mentioned in the claim is all you need to say.

nem

[rehtaeh57]

Re: Help please with lowell

So now I received a Notice of Proposed Allocation to the Small Claims Track from county court business centre, with the directions questionnaire (N180) attached. Do I fill in and agree to case being referred to small claims mediation service? Also it asks "do I agree that the small claims track is the appropriate track for this case ", do I tick yes or no (if no I have today why not). Thanks in advance

[nemesis45]

Re: Help please with lowell

So now I received a Notice of Proposed Allocation to the Small Claims Track from county court business centre, with the directions questionnaire (N180) attached. Do I fill in and agree to case being referred to small claims mediation service? Also it asks "do I agree that the small claims track is the appropriate track for this case ", do I tick yes or no (if no I have today why not). Thanks in advance

Good morning,

Yes the form(s) must be completed and served on the court and the claimants solicitors.
1. Yes to mediation, it is expected that the parties to a claim at attempt to resolve the claim without recourse to a hearing.
2 Yes to small claims track.

nem

[rehtaeh57]

Re: Help please with lowell

After the Court decided the case wasn't suitable for mediation, I received a General Form of Judgement or Order from the Court yesterday:

"It is ordered that

1. The defence be struck out under CPR.3.4 as disclosing no reasonable grounds for defending the claim.

2. This order being made without notice, permission to the Defendant to apply within 7 days of its service to have it valued or set aside, such application to be accompanied by a fully particularised defence."

What do I need to do next please?

It should be noted that I received no acknowledgement or answer from Lowells re. my CCCA request (enclosing £1) or ti the CPR request to their solicitors (both sent at the beginning of June).

Many thanks in advance.

[nemesis45]

Re: Help please with lowell

After the Court decided the case wasn't suitable for mediation, I received a General Form of Judgement or Order from the Court yesterday:

"It is ordered that

1. The defence be struck out under CPR.3.4 as disclosing no reasonable grounds for defending the claim.

2. This order being made without notice, permission to the Defendant to apply within 7 days of its service to have it valued or set aside, such application to be accompanied by a fully particularised defence."

What do I need to do next please?

It should be noted that I received no acknowledgement or answer from Lowells re. my CCCA request (enclosing £1) or ti the CPR request to their solicitors (both sent at the beginning of June).

Many thanks in advance.

Good morning,

What exactly was your defence? Please post a copy here.

When did that order come through?

nem

[rehtaeh57]

Re: Help please with lowell

The order was dated 1 August and arrived 2 August. As far as I know I didn't send a defence (no place on the form)?

[nemesis45]

Re: Help please with lowell

The order was dated 1 August and arrived 2 August. As far as I know I didn't send a defence (no place on the form)?

OK so now the claimant will get a judgement by default.

There is space on the forms for submitting a defence.
Did you acknowledge service of the claim online ? You could have submitted a defence that way as well.

nem

[rehtaeh57]

Re: Help please with lowell

Yes I acknowledged on line, am I not able to submit a defence now?

[nemesis45]

Re: Help please with lowell

Yes I acknowledged on line, am I not able to submit a defence now?

The order says Your Defence Has Been Struck Out as it has No Reasonable Chance of Success, indicating that the judge had something by way of a defence before him/her that was found to be null bono (no good). ??

nem