URGENT Lowells/Claim Staid 2014 - Now received a letter sending in Bailiffs

[AmIpanickingfornothing]

Help. Have just returned home from 2 weeks away looking after sick father - Saturday. Returned home to a Lowell Solicitors letter dated 22/8/2017 giving 10 days to respond - I don't know when it arrived during last 2 weeks.

Having followed your advice in 2014 - re Lowell Portfolio I Ltd when they made a claim against me - I sent in my defence - the claim was "Staid" at 8/12/2014. I was informed by the court that the claimant had till 20/12/2014 to have claim lifted???

From that date December 2914 - untill I received this letter (sometime in last 2 weeks) - I have not heard a single thing from either the court or LOWELL! So this letter was totally out of the blue. The letter - from Lowell Solicitors - has the same court ref Claim Number as claim in 2014 - now refers to their judgement of 4/2/2016 for same claim. And that "they" have been instructed to issue an application for Warrant of Control and asking a bailiff to attend my home if I do not respond within 10 days.

Going by the date of the letter - my 10 days is up and haven't got a clue what direction to go in. Can anybody please advise or help as I am now in a total flap,

[Amethyst]

Re: URGENT Lowells/Claim Staid 2014 - Now received a letter sending in Bailiffs

Ring the court and check the status of the claim and ask how they got judgment without your knowledge ( you should have received a copy at least of their application to lift the stay or for summary judgment - and as you had defended the case if the stay had been lifted it should have gone to a hearing ) If there is a judgment you may need to apply to set it aside.

( btw is this the original thread from 2014? http://legalbeagles.info/forums/show...178#post498178 )

[Diana M]

Re: URGENT Lowells/Claim Staid 2014 - Now received a letter sending in Bailiffs

Have you moved house since December 2014?

Di

[Amethyst]

Re: URGENT Lowells/Claim Staid 2014 - Now received a letter sending in Bailiffs

Okay.

The court have said they sent a directions questionnaire in 2015 following an application by Lowell to lift the stay. This was never received, nor was any copy of the application, judgment, any documents... and so on until now.

So it is going to be an application to set aside.

As Di asked, was there any house move between receiving the claim and the judgment in Feb 2016 ?

[AmIpanickingfornothing]

Re: URGENT Lowells/Claim Staid 2014 - Now received a letter sending in Bailiffs

Hi Amethyst and Di

No house move - been here 30 years. But for years we have always had problems with letters being delivered to wrong houses by the many different postmen we have had along with mail going to totally different streets / roads or house numbers. And if mail goes to wrong address and people don't pass to right address -then we never know what we should/shouldn't have had. Only day before yesterday had to re deliver a letter to a neighbour over the road. Am going to do N244 but Bailiffs are already on my back - received bailiffs letter today to pay before 21 September or they are coming to remove goods. Am having a great 60th Birthday today thanks to Lowells - they are like a dog with a bone. Had a hospital emergency yesterday due to ill health but am unable do N244 today though as my family will be picking me up shortly and taking me out for the day with an overnight bag?? Have alraedy got reference no for help with fees which I need to attach to form N244. Lowells haven't even taken the August Bank Holiday in to account with their dates to set the Bailiffs alraedy on to me. If I do it tomorrow - what is quickest way to get completed form to Court and get Bailiffs off my back?

Yesterday - had a telephone call from the court Bailiff support team - now claiming over £179 fees as Lowells have instructed bailiffs on 8 September. This date is less than the 10 days from Lowells letter stating that I have 10 days to respond and also not taking in to account the Bank Holiday. Is this against CPR rules??

Bailiffs have said I must make arrangements to pay or Lowells will keep instructing piling up more costs and Bailiffs will keep knocking. Explained I am making application to set judgement aside - she said that - until it is - if it is - I must make arrangements to pay the whole amount (what Lowells are claiming and bailiff fees). This would be admitting liabilty surely??? They are sending me forms to complete an income / expenditure statement and to make an offer of payment. What is best way to proceed with Bailiffs? Am just about to fill in form N244. What is quickest way to send to Court - recorded delivery or on line - do you think? Should this info also be included as part of application to set aside ie Bailiffs being instructed before time?



PS am also already on PIP and ESA - would this have any bearing on my application to set aside?

Many thanks again.