*** DISCONTINUED*** Help.. Received a Claim form!

[nemesis45]

Re: Help.. Received a Claim form!

Thanks @nemesis45, i will be counting the days
Matt

Please keep us up to speed on developments.

nem

[mattty]

Re: Help.. Received a Claim form!

Hi again [MENTION=55034]nemesis45[/MENTION]
Hope your well..
Just a quick message to let you know that still nothing received apart from the one letter i mentioned before from Lowell solicitors to state
(We note the contents and write to advise that we have requested the required documents from our client and will forward to you upon receipt.
We also confirm we are in receipt of your defence.
Lowell solicitors)

My defence was served onto lowell on 11/01/16, so approaching the 28days, do i need to do anything else or just keep waiting until after the 28days? if it passes 28days and still nothing heard or received,what do i have to do next?
Many thanks
Matt

[mattty]

Re: Help.. Received a Claim form!

Hi [MENTION=55034]nemesis45[/MENTION] or anyone that can help
Can anyone help as i do not want to miss any deadline i should be sticking to, as if i am working it out correctly then Lowells 28days are up tomorrow?
Many thanks
Matt

[Amethyst]

Re: Help.. Received a Claim form!

If the claim is stayed you could apply to have the claim struck out of the grounds that they have not replied to the defence and have not supplied any documents. This does carry a cost although you can apply without a hearing (£50) and you should write to the claimant before doing so inviting them to withdraw to save further costs and time etc. Give the court a call in a few days to check if it has been stayed first though.

[mattty]

Re: Help.. Received a Claim form!

Thankyou [MENTION=6]Amethyst[/MENTION].
I will leave till the end of the week and then give the court a call to see if it has been stayed.
If it is stayed,what does that mean to me if i then did nothing??
Or should i then be writing to then claimant or the claimant solicitors to ask for it to be withdrawn on the grounds that you have said,time costs ect?
Thanks again everyone for getting me this far

[Amethyst]

Re: Help.. Received a Claim form!

If you did nothing at the point the claim would just sit on hold for an indeterminable period... then IF the solicitors/claimant find the documents, they apply to lift stay, strike out your defence and claim judgment... so it best to try and get it sorted out than just ride along.

[mattty]

Re: Help.. Received a Claim form!

Thankyou, i will call the court and see if it is now stayed and then take it from there
Matt

[mattty]

Re: Help.. Received a Claim form!

Hi @nemesis45 or @Amethyst

The 28days from serving defence on my case was up on 8/9th feb and still have heard nothing from Lowell or Lowell solicitors so took advice and wrote to Lowell to ask them to withdraw the claim. Just received this from court titled NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAMS TRACK!! ..not sure what this now means?? have supplied pic,hope you can see it
Any advice? Thankyou

[nemesis45]

Re: Help.. Received a Claim form!

Hi @nemesis45 or @Amethyst

The 28days from serving defence on my case was up on 8/9th feb and still have heard nothing from Lowell or Lowell solicitors so took advice and wrote to Lowell to ask them to withdraw the claim. Just received this from court titled NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAMS TRACK!! ..not sure what this now means?? have supplied pic,hope you can see it
Any advice? Thankyou

The court process move on Matty, you need to complete the form (s) as directed.

No letter from Lowell Sols stating " their client is continuing the claim?

I'd give the court a ring to see if Lowell sols has responded to the claim.

nem

[mattty]

Re: Help.. Received a Claim form!

Hi [MENTION=55034]nemesis45[/MENTION]
No i have not heard anything from the claimant Lowell or Lowell solicitors through any of this which is why it is becoming more annoying. I thought when they didnt reply to my defence during those 28days that it was a sign they would hopefully withdraw the claim but does this letter from court now mean this is not going to happen?Regarding this directions questionnaire they have asked me to complete,do i need to just tock to say i agree to mediation? it also asked on form do i agree that he small track is appropriate track for this case?

I will give the court a call asap, do i just need to ask if Lowell have repsonded?
Thanks as always,
Matt

[nemesis45]

Re: Help.. Received a Claim form!

Hi @nemesis45
No i have not heard anything from the claimant Lowell or Lowell solicitors through any of this which is why it is becoming more annoying. I thought when they didnt reply to my defence during those 28days that it was a sign they would hopefully withdraw the claim but does this letter from court now mean this is not going to happen?Regarding this directions questionnaire they have asked me to complete,do i need to just tock to say i agree to mediation? it also asked on form do i agree that he small track is appropriate track for this case?

I will give the court a call asap, do i just need to ask if Lowell have repsonded?
Thanks as always,
Matt

With lousy post and a backlog in the courts all sorts of " cross overs" with mail are cropping up.
nem

[mattty]

Re: Help.. Received a Claim form!

So should i just focus on returning this new form?
Regarding this directions questionnaire they have asked me to complete,do i need to just tock to say i agree to mediation? it also asked on form do i agree that he small track is appropriate track for this case?

As said though i call the court to find out if Lowell have responded as soon as i am home.
Matt

[nemesis45]

Re: Help.. Received a Claim form!

So should i just focus on returning this new form?
Regarding this directions questionnaire they have asked me to complete,do i need to just tock to say i agree to mediation? it also asked on form do i agree that he small track is appropriate track for this case?

As said though i call the court to find out if Lowell have responded as soon as i am home.
Matt

Hello Matty,

Tick Yes to Mediation.
Yes to SCT.
No to Contest Jurisdiction

If you don' know your local court, leave is blank.

Nem

[mattty]

Re: Help.. Received a Claim form!

Thanks [MENTION=55034]nemesis45[/MENTION]
Just spoke to lady at court who said that Lowell wish to proceed with mediation or go to court basically so should fill out form as you have already said.
Getting confused here...do i need to put any information with this questionnaire to say that i have not received anything from Lowell at all. No replies to anything i have sent them whatsoever even the cpr requests ect. I thought this then made the debt unforceable?
Thanks again
matt

[nemesis45]

Re: Help.. Received a Claim form!

Thanks @nemesis45
Just spoke to lady at court who said that Lowell wish to proceed with mediation or go to court basically so should fill out form as you have already said.
Getting confused here...do i need to put any information with this questionnaire to say that i have not received anything from Lowell at all. No replies to anything i have sent them whatsoever even the cpr requests ect. I thought this then made the debt unforceable?
Thanks again
matt

No Matty the DQ is only for the questions asked.

nem