Lowell/shop direct court paper ...what next

[Stu]

Re: Lowell/shop direct court paper ...what next

Firstly try not to worry, personally I think that is their usual response to most cases..

you will now get a directions questionnaire form through the post from the courts...

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK thanks Stu

I will keep updated - have to say again the help here is fantastic

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK guys the question papers came from the cords and I'm just wondering do I put yes or no to the mediation ?

And do I agree this is suitable for this claim track ?


Thanks

[nemesis45]

Re: Lowell/shop direct court paper ...what next

[QUOTE=màid_Màrián;666647]OK guys the question papers came from the cords and I'm just wondering do I put yes or no to the mediation ?

And do I agree this is suitable for this claim track ?

Good morning,

You should say yes to mediation, the court expects the parties to a claim to attempt resolution without recourse to a court hearing.

You will be contacted by HMCTS Small Claims Mediation Service in due course. If you don't have the documents to be able to properly address the claim the mediator may/will decline to continue.

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Thanks nemesis... do I agree this is the correct track ?

[Stu]

Re: Lowell/shop direct court paper ...what next

Yes to small claims track...

and No to jurisdiction as that is only if you live in Scotland

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Thanks - updates to follow

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Just had a call from a nice chap at mediation and told him I don't know what this debt is and explained I have requested info etc. He said the debt is unsuitable for mediation and he will inform the courts ... getting very nervous now

[charitynjw]

Re: Lowell/shop direct court paper ...what next

Am I being dim here?

The PoC states that the alleged debt was assigned to the Claimant 26/05/2009. (you've put in your defence as 26/05/2016)

Going by the PoC, this, according to my admittedly dodgy math, should be Statute Barred for approx 1 year, presuming there has been no acknowledgement since then.

I'll ask @nemesis45 to have a look, though.

[nemesis45]

Re: Lowell/shop direct court paper ...what next

Am I being dim here?

The PoC states that the alleged debt was assigned to the Claimant 26/05/2009. (you've put in your defence as 26/05/2016)

Going by the PoC, this, according to my admittedly dodgy math, should be Statute Barred for approx 1 year, presuming there has been no acknowledgement since then.

I'll ask @nemesis45 to have a look, though.

Yes [MENTION=5553]charitynjw[/MENTION] that's what it says what we don't know what has gone on between default date and the present.

Have any payments been made? Written acknowledgment, DMP?

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Hey guys I really don't remember anything

In September 2012 I left my abusive partner and have suffered PTSD and my memory about general stuff is awful .

I haven't recieved any paper work requested either to help me figure it out so let's see what the next step is ?

[nemesis45]

Re: Lowell/shop direct court paper ...what next

Hey guys I really don't remember anything

In September 2012 I left my abusive partner and have suffered PTSD and my memory about general stuff is awful .

I haven't recieved any paper work requested either to help me figure it out so let's see what the next step is ?

Hi,

They cannot enforce the debt without the agreement or a compliant reconstituted one.

Please confirm defence sent and acknowledged by the court?

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Yes I sent defence to the court . Iv so far followed all the steps and advice here so think it's just a wait and see what they do now. They never supplied me with any of the agreements etc I requested so this is why mediation couldn't continue either.

[nemesis45]

Re: Lowell/shop direct court paper ...what next

Yes I sent defence to the court . Iv so far followed all the steps and advice here so think it's just a wait and see what they do now. They never supplied me with any of the agreements etc I requested so this is why mediation couldn't continue either.

Has the defence been acknowledged by the court?

I think is would be a good idea to phone Northampton CCBC to see if anything has been done, do before the court office closes at 1600hs.

nem

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Defence was acknowledged and I was sent the questionnaire. I filled that out and was then sent a letter for a date for mediation. The call today was to arrange the mediation which he said wasn't suitable since I have no paperwork from lowell about the debt.