Lowell vs Reiss

[nemesis45]

Re: Lowell vs Reiss

You'll be able to choose your local court before the case was heard @Reiss

[MENTION=26457]kai[/MENTION]t is correct the hearing if it gets that far will be at your nearest county court.

Yes complete the questionnaire and don't forget to send a copy to the claimants solicitor and the court. (get free proof of posting)

nem

[Diana M]

Re: Lowell vs Reiss

After given the lady my details and claimant number she stated that it was "STAYED" i told her i had received a questionnaire from Lowell and there letter said i should be receiving one from yourselfs (northampton court) shortly. She said nothing had be processed and she even seemed confused herself, she then said she will send me by email and i should fill it out and return back.

If the claim is stayed the court shouldn't send you a DQ unless Lowells have made an application to lift it out of stay.

Are you sure she gave you the correct information?

Do you mean that the court has now emailed you a DQ because they failed to send one in the post when they should have done in January? What is the deadline for filing the DQ?

What date did she say the Claimant filed their DQ with the court (if they did)?

Ring the court back to established the situation and ask to speak to a Manager if it's not crystal clear.

Di

[nemesis45]

Re: Lowell vs Reiss

If the claim is stayed the court shouldn't send you a DQ unless Lowells have made an application to lift it out of stay.

Are you sure she gave you the correct information?

Do you mean that the court has now emailed you a DQ because they failed to send one in the post when they should have done in January? What is the deadline for filing the DQ?

What date did she say the Claimant filed their DQ with the court (if they did)?

Ring the court back to established the situation and ask to speak to a Manager if it's not crystal clear.

Di

Lowell Solicitors are sending DQ's out themselves and the allowing claims to become stayed just another attempt to scare alleged debtors.

[Diana M]

Re: Lowell vs Reiss

Lowell Solicitors are sending DQ's out themselves and the allowing claims to become stayed just another attempt to scare alleged debtors.

Possibly.

But that doesn't alter my advice to the OP who should check with the court to establish the true status of the claim.

I also wanted to clarify whether the court had made an error over the DQ situation or not (i.e was the claim correctly stayed in procedural terms).

I agree that solicitors like to scare debtors. I can also confirm that solicitors like to scare Claimants and/or their solicitors

Diana M

[warwick65]

Re: Lowell vs Reiss

If you acknowledged and filed your case online, you can log back in and see what the state of play is, well up to a certain point.

My case says
DQ filed by claimant with a dare
DQ sent to me with a date

Hope that is of use.

[Reiss]

Re: Lowell vs Reiss

Hi All [MENTION=98117]warwick65[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION]

Thank you all for the advice, i will be contacting the court first thing in the morning to see what the status of the claim and take Diana M's advice.

Diana the lady on the phone did say to me it is "STAYED" but then said i should have received the questionnaire and that an error was made he exact words from what i can remember where "Oh ok i see whats happened here" then she asked for my email address also no date was provided in the email in order to return the questionnaire by??

Something fishy going down here i sense that when i was on the phone to her that something was not right.

Will post back later on today and give everybody the update as to the current status.

If there are any questions you recommend i ask please fire away otherwise will continue on the excellent advice Diana M has mentioned.

Once again thank you all for your input always appreciated!!

[Reiss]

Re: Lowell vs Reiss

P.S @warwick65 i have logged in and my claim history states only the following:

Claim History

Your acknowledgment of service was received on 05/10/2016 at 14 1:39

Your defence was submitted on 23/10/2016 at 22:27:39
Your defence was received on 24/10/2016 at 08 1:43

[warwick65]

Re: Lowell vs Reiss

So no mention of the claimants DQ?

[nemesis45]

Re: Lowell vs Reiss

Good morning,

You are correct that something " Fishy " is going on Lowell and it's incompetent in house "legal" department Lowell " solicitors " are using court documents that have not it seems been submitted to or issued by the court.

Check the court again when you can and ask for full details on the status of the claim.

nem

[Reiss]

Re: Lowell vs Reiss

[MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION]

I have spoke to the court and have got more clarity as to what has happened.

Lowell did not file the questionnaire in the time frame provided by the court, they filed it after and the court rejected the questionnaire. The case is currently Stayed and they lady said they will have to pay for the stay to be lifted.

So the woman who had sent me the questionnaire by email shouldn't of have.

Whats your views on this and also what do you advise.

Thank you all.

[nemesis45]

Re: Lowell vs Reiss

@Diana M @nemesis45

I have spoke to the court and have got more clarity as to what has happened.

Lowell did not file the questionnaire in the time frame provided by the court, they filed it after and the court rejected the questionnaire. The case is currently Stayed and they lady said they will have to pay for the stay to be lifted.

So the woman who had sent me the questionnaire by email shouldn't of have.

Whats your views on this and also what do you advise.

Thank you all.

Hello [MENTION=92191]Reiss[/MENTION],

Lowell's dirty tricks department i.e. Lowell Solicitors trying to deceive you so that you believed that the claim was going forward.

Keep this in mind for when/if they pay the fee to lift the stay, no point in starting a " letter tennis " bout.

Just regularly check with the court.

nem

nem

[warwick65]

Re: Lowell vs Reiss

Maybe it was just a mistake as the DQ should be served on you and the court however the court rejected it as being out of time.

There is little point in telling Lowell what has happened - in fact that would be a bad thing but if they think they have a case then at some point they will apply for the stay to be lifted and you will get sent a new DQ

Semi regular checks on MCOL will help you know if anything has been sent to you

[Diana M]

Re: Lowell vs Reiss

i will be contacting the court first thing in the morning to see what the status of the claim and take Diana M's advice.

Diana the lady on the phone did say to me it is "STAYED" but then . . . . any questions you recommend i ask please fire away otherwise will continue on the excellent advice Diana M has mentioned.

Thanks for the update (and the flattering comments )

My advice was don't complete and send the DQ to the court and Lowells. You were given the opposite advice in post # 121 which I'm glad you didn't follow or it could have triggered an application to lift the stay by the Claimant.

You say the court has confirmed that the claim was stayed some months ago. So in my view you shouldn't do anything until you hear different. And definitely don't contact Lowells in any shape or form.

You also say that Lowells filed their DQ out of time and the court rejected it.

It appears that they (Lowells) did not make an Application for relief from sanctions even though they would have been made aware by the court that their DQ had been rejected.

Enjoy the peace and quiet.

Di

[Diana M]

Re: Lowell vs Reiss

So the woman who had sent me the questionnaire by email shouldn't of have.
.

No she shouldn't !

The lesson learned is don't automatically believe what court admin staff tell you when it comes to case management issues.

Personally I see no reason to keep calling the court because there's always the risk it could breathe life into a sleeping claim which may not be a good thing.

Di

[nemesis45]

Re: Lowell vs Reiss

Lowell sent the questionnaire by e-mail.