** DISCONTINUED ** Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

[nemesis45]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

No Allocations is for Claim " Track".

Directions is for what you want the court to do.
e.g. The claimant to disclose certain documents.

nem

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

So - [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION] how do I respond to the offer of negotiation letter from Bryan Carter LLP? Ignore it? Or politely decline as liability has not been established to our satisfaction?

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Well, you should respond, even if just to say'' thanks but no thanks, remember I asked you for the agreement, how about you do that then we can consider negotiating if appropriate.''

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Here we go - how's this? [MENTION=6]Amethyst[/MENTION]

Dear Sir,

RE:CLAIM NUMBER XXXXX – LOWELL PORTFOLIO I LTD

I note the contents of your letter in which you offer to negotiate.
As no documentation or other evidence has been provided as to my liability for this debt despite my numerous requests, I do not feel there is anything for us to negotiate at this time. Once my liability has been formally established and documented to my satisfaction I will be happy to reconsider this response.

Yours faithfully,

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

I think that's grand xx

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

I can't see them allowing this to court... they wrote back once again and said "We note the contents of your letter and it's our client's policy to send this stuff out at the beginning of the agreement and therefore we refer you to your own records..."

Despite the Law quite clearly saying they have to provide it on request! I'm guessing they will either disclose at the last minute in an attempt to throw us off, or they'll discontinue without prejudice.

Oh! One little gem at the end - "We recommend you seek independent legal advice" - LOL!!!

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Received a notice of transfer to our local county court a couple of weeks ago - nothing since...

[FlamingParrot]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Received a notice of transfer to our local county court a couple of weeks ago - nothing since...

Any directions from the court regarding disclosure of documents?

[nemesis45]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Check with the court in the morning to see if they have actually got the
claim as there is a backlog all over the court system, also there is a possibility
the claim is stayed.

nem

[FlamingParrot]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

I can't see them allowing this to court... they wrote back once again and said "We note the contents of your letter and it's our client's policy to send this stuff out at the beginning of the agreement and therefore we refer you to your own records..."

Despite the Law quite clearly saying they have to provide it on request! I'm guessing they will either disclose at the last minute in an attempt to throw us off, or they'll discontinue without prejudice.

Oh! One little gem at the end - "We recommend you seek independent legal advice" - LOL!!!

That was Mr Carter's standard template letter he uses to respond to every request!

Received a notice of transfer to our local county court a couple of weeks ago - nothing since...

The legal system works very slowly, I'm still waiting for judgment having had a hearing back in May (a totally different matter though).

If the case was transferred to your local court it's not likely to be stayed. The court should give you at least 21 days notice before a hearing and directions to disclose the documents at least 14 days before the hearing date. If they can't whip them up by then, we may be looking at a discontinuance. ray:

[StoneLaughter]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

I'm dancing on clouds here! Stack of mail received while we were decorating the living room which dutifully got put to one side... just opened a letter and they've discontinued!!!! W00000000ttttt!!!!

- - - Updated - - -

BTW I did check with Mansfield Court at some point and they'd got it and were dealing with it - we had a date in October - now we don't ever need to worry about it again!

[Amethyst]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

Well that was nice and simple for you Well done. aw:

[FlamingParrot]

Re: Court Claim - LOWELL / J D WILLIAMS - 25-3-2015

I'm dancing on clouds here! Stack of mail received while we were decorating the living room which dutifully got put to one side... just opened a letter and they've discontinued!!!! W00000000ttttt!!!!

BRILLIANT NEWS!!! :cheer2::cheer2::cheer2:

Looks like my crystal ball was in perfect working order when I posted this a month ago.

If the case was transferred to your local court it's not likely to be stayed. The court should give you at least 21 days notice before a hearing and directions to disclose the documents at least 14 days before the hearing date. If they can't whip them up by then, we may be looking at a discontinuance. ray:

Let's hope it has the same effect on all the other threads where I've said something similar. :bounce::bounce::bounce: