Wife just received CCJ court claim from Lowell

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Hi everyone,

Just received a reply from Lowell Solicitors, I think I may have messed up by sending the defence early, the defence I put was Statute Barred, No default notice issued, and no recollection of my wife signing a CCA, will it make any difference sending it early?

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Hi
Just because they have asked for the documents does not mean they will be produced. Just make sure if you get documents from the courts, such as the DQ you follow the time scale

Try not to worry about it too much

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

What's a DQ Warwick?

[MIKE770]

Re: Wife just received CCJ court claim from Lowell

Direction Questionaire from thre courts

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Thanks Mike

Sorry Seasider , easy to drop into jargon

[pt2537]

Re: Wife just received CCJ court claim from Lowell

Hi everyone,

Just received a reply from Lowell Solicitors, I think I may have messed up by sending the defence early, the defence I put was Statute Barred, No default notice issued, and no recollection of my wife signing a CCA, will it make any difference sending it early?

Nope it shouldnt make any difference at all in my view.

IF they do find any documents and provide them to you, then you can look at whether the Defence needs amending etc at that point.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Hi all

Have just received this DQ. from Lowell Solicitors, when I get mine do I also have to agree to the small claims mediation service as they have, or do I say no? Seeing as they have not sent me the CCA or Default notice or Assignment notice, as these have not been sent should I also amend my defense stating this?

When I receive a DQ should I send Lowell Solicitors a copy.

Again thanks all for the help and assistance with all this.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Sorry about this had to put attachments here as well, not used to tablets

Bob.

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Say yes to mediation , it leaves the door open in case they produce documents or in case they don't but you want to make a silly offer just to get rid. It also shows you are playing the game

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Will amend the defence stating they have not supplied documents from the CCA and CPR request then, requested them on the 22/5/17 and they signed for them on the 24th as I sent recorded delivery, not much chance of receiving the default notice as none was ever sent, no CCA was ever signed in 2006 either.

Will also send a copy of amended defence and DQ to Lowell Solicitors and Lowell Portfolio.

Will keep you informed.

Regards. Bob.

[warwick65]

Re: Wife just received CCJ court claim from Lowell

Hi Bob

have you sought leave to amend your defence?

I am sorry but I do not know how this is done
[MENTION=5553]charitynjw[/MENTION]

[charitynjw]

Re: Wife just received CCJ court claim from Lowell

If you need to amend a defence, it is best to first write to the other party (or if represented, their legal rep) to seek their consent.
Give a reasonable timeframe for a reply. (A simple yes or no answer should not need a lengthy consideration).
If consent is given, the process is straightforward
If they ignore the request, or say no, an application without consent would have to be made to the court, & will be more expensive.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Did not know that, will leave as it is then.

Regards Bob.

[Seasider1956]

Re: Wife just received CCJ court claim from Lowell

Sorry about this had to put attachments here as well, not used to tablets

Bob.

Hi everyone,

After receiving a copy of the DQ that Lowell said they were submitting to the Court on 9th June 2017, letter dated 6th June 2017, I have not received one I thought the court would send them to Claimant and Defendant at the same time but we have had nothing.

Is this normal?

They have just sent a letter today saying the debt is not Statute Barred, and that we were sent a default notice 3 days before the debt was assigned to them, which is garbage as we never received a default at all from Shop direct. And that we can still arrange a payment plan.

Hope someone can help.

Cheers Bob.

- - - Updated - - -

The above should state it's the DQ we have not received, not just a letter, sorry.

[warwick65]

Re: Wife just received CCJ court claim from Lowell

have you looked on MCOL at the status and does it say DQ sent to defendant ?
It should also say if the DQ has been received from the claimant