** DiScOnTinUeD ** BC/Lowell V Kelike28 ** WON **

[Amethyst]

Re: BC/Lowell V Kelike28

Bloody hell, this thread started in May .................. utter to$$er$ aren't they !

[Amethyst]

Re: BC/Lowell V Kelike28

lol, they'll probably leave it until the day before to tell you they have discontinued.... let them think they have got one over on you for a bit...no need to contact them, just give the court another call the day before the hearing if you've still had no paperwork just to be certain nothings changed, but yes I'd be breathing a little sigh of relief for now.... do the big sighs once you get the paperwork though

All sounding very good though, so a tentative congratulations to you xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[kelike28]

Re: BC/Lowell V Kelike28

Ok give the court a buzz and ask if they have received anything from the claimant, and explain the WS's were due in 14 days before the hearing and check they received your okay, and ask what happens if the claimants fail to file anything. They probably won't be much help - it will probably be a case of 'see what the judge says' but hopefully it will get some action BEFORE you get to the hearing.

If they don't get the WS and documents they intend to rely on in to court as ordered then they shouldn't be able to produce any documents at the hearing either. But as we've seen a lot before the Judge could just adjourn and give them more time.

Have just spoke to the court and a very nice lady told me the hearing is now vacated. There were notes of a discontinuance that she read out but said i should perhaps contact BC if I needed to but as it stands and she read from her screen there is no hearing for me to attend? Am I Ok to breath a sigh of relief or not? ?????

[kelike28]

Re: BC/Lowell V Kelike28

Ok give the court a buzz and ask if they have received anything from the claimant, and explain the WS's were due in 14 days before the hearing and check they received your okay, and ask what happens if the claimants fail to file anything. They probably won't be much help - it will probably be a case of 'see what the judge says' but hopefully it will get some action BEFORE you get to the hearing.

If they don't get the WS and documents they intend to rely on in to court as ordered then they shouldn't be able to produce any documents at the hearing either. But as we've seen a lot before the Judge could just adjourn and give them more time.

Ok great will give court a buzz this afternoon. Thanks for that xx

[Amethyst]

Re: BC/Lowell V Kelike28

Ok give the court a buzz and ask if they have received anything from the claimant, and explain the WS's were due in 14 days before the hearing and check they received your okay, and ask what happens if the claimants fail to file anything. They probably won't be much help - it will probably be a case of 'see what the judge says' but hopefully it will get some action BEFORE you get to the hearing.

If they don't get the WS and documents they intend to rely on in to court as ordered then they shouldn't be able to produce any documents at the hearing either. But as we've seen a lot before the Judge could just adjourn and give them more time.

[Amethyst]

Re: BC/Lowell V Kelike28

No need Just having a read back xx

[kelike28]

Re: BC/Lowell V Kelike28

read other threads lowell Brian carter you will get the picture of the letters/non compliance they send i/e/ we want to agree a consent order or the OC would of given you the term etc at inception (not producing themselves) , the next move is up to them, you have sent you say your WS, so it is up to them now, not sure PM Ame if you like>

Post man been and gone again. Still nothing. Shall PM Amethyst. See what she thinks. Thanks

[MIKE770]

Re: BC/Lowell V Kelike28

read other threads lowell Brian carter you will get the picture of the letters/non compliance they send i/e/ we want to agree a consent order or the OC would of given you the term etc at inception (not producing themselves) , the next move is up to them, you have sent you say your WS, so it is up to them now, not sure PM Ame if you like>

[kelike28]

Re: BC/Lowell V Kelike28

they are at default as usual, seems to be their game of chance, Ame seems to be helping you here so wait until she advises any movement, look back in here, without going all through your thread I guess that They have not complied with CCA request etc etc?????

No. Not complied with anything. Bit unfair really if they can be allowed to go to hearing without abiding by rules. They had my WS Thursday last week so I at least thought they may send me theirs a few days later.

[MIKE770]

Re: BC/Lowell V Kelike28

they are at default as usual, seems to be their game of chance, Ame seems to be helping you here so wait until she advises any movement, look back in here, without going all through your thread I guess that They have not complied with CCA request etc etc?????

[kelike28]

Re: BC/Lowell V Kelike28

Post man came yesterday and nothing from BC also been this morning and nothing from BC. Surely I should have their WS by now? Does anything change if the courts don't get BCs WS in time?

11 days and still nothing from BC. Should I not call the court and explain I've not had anything from BC? Or not?

[kelike28]

Re: BC/Lowell V Kelike28

Don't panic, and really don't worry. Yes they could get a CCJ at the hearing, you do have the option of paying within 28 days if they do and you want to keep it off your credit file, otherwise you'll ask for an instalment order to pay an affordable amount each month - but that's really not going to happen unless they turn up on the day with compliant documents.

If they get compliant documents to you beforehand then you can negotiate with them for an installment Tomlin order to keep you out of having a CCJ and pay an affordable amount each month.

Post man came yesterday and nothing from BC also been this morning and nothing from BC. Surely I should have their WS by now? Does anything change if the courts don't get BCs WS in time?

[kelike28]

Re: BC/Lowell V Kelike28

Don't panic, and really don't worry. Yes they could get a CCJ at the hearing, you do have the option of paying within 28 days if they do and you want to keep it off your credit file, otherwise you'll ask for an instalment order to pay an affordable amount each month - but that's really not going to happen unless they turn up on the day with compliant documents.

If they get compliant documents to you beforehand then you can negotiate with them for an installment Tomlin order to keep you out of having a CCJ and pay an affordable amount each month.

Oooh ek! So if their WS which I should get any day has all the said docs I can try and save going to court. If they don't send me anything are they allowed to produce them on the day in court? If so can I deem it as unfair as they haven't given me fair chance to defend or accept it etc

[Amethyst]

Re: BC/Lowell V Kelike28

Don't panic, and really don't worry. Yes they could get a CCJ at the hearing, you do have the option of paying within 28 days if they do and you want to keep it off your credit file, otherwise you'll ask for an instalment order to pay an affordable amount each month - but that's really not going to happen unless they turn up on the day with compliant documents.

If they get compliant documents to you beforehand then you can negotiate with them for an installment Tomlin order to keep you out of having a CCJ and pay an affordable amount each month.

[kelike28]

Re: BC/Lowell V Kelike28

Yes - the order for hearing/disclosure came from your local court didn't it?

Just having a little panic. After all this.... is it possible the judge can just give be me a CCJ there and then? I'm kind of feeling sick! :tinysmile_cry_t: