** DISCONTINUED **Court claim - Orange / Lowell 06-01-2016

[flammableeye]

Re: Court claim - Orange / Lowell 06-01-2016

Thanks for the quick response Nemesis45. I'll reply to that effect and see what happens next.

[flammableeye]

Re: Court claim - Orange / Lowell 06-01-2016

Well I thought I would give you the courtesy of an update on this. I was giving it some time to see if anything would eventually show up but so far nothing has. The case was transferred to the Nottingham Court after I couldn't agree to mediation which was disagreed with on 21st March 2016. We're now into September and I still haven't heard anything. I'm going to give it until 21st September - being exactly 6 months - until I consider this case closed. Thanks for your help with this Amethyst and Nemesis45 - it was and is greatly appreciated!

[nemesis45]

Re: Court claim - Orange / Lowell 06-01-2016

Well I thought I would give you the courtesy of an update on this. I was giving it some time to see if anything would eventually show up but so far nothing has. The case was transferred to the Nottingham Court after I couldn't agree to mediation which was disagreed with on 21st March 2016. We're now into September and I still haven't heard anything. I'm going to give it until 21st September - being exactly 6 months - until I consider this case closed. Thanks for your help with this Amethyst and Nemesis45 - it was and is greatly appreciated!

Hello welcome back!

Have you checked with the court on the status of the claim i.e. the claim may have been stayed by the court if the claimant has not responded.
You are not advised when this happen.

If the claim is stayed then you could consider applying to have the claim struck out, either by writing to Lowell suggesting that it seems they have no reasonable chance of going forward they should discontinue the claim at their cost.

Or application to the court Form N244 ( fee payable).

nem

[flammableeye]

Re: Court claim - Orange / Lowell 06-01-2016

Hi Nemesis, is there any reason to get the claim struck out if it has been stayed?

[Diana M]

Re: Court claim - Orange / Lowell 06-01-2016

is there any reason to get the claim struck out if it has been stayed?

Unless I've misread your first post this claim is for £296.66 + interest.

The cost of making an application to strike out the claim is £255.

That may help to answer your question.

Di

[Diana M]

Re: Court claim - Orange / Lowell 06-01-2016

The case was transferred to the Nottingham Court after I couldn't agree to mediation which was disagreed with on 21st March 2016. We're now into September and I still haven't heard anything. I'm going to give it until 21st September - being exactly 6 months - until I consider this case closed.

If this claim was transferred to Nottingham County Court (your nearest?) because Mediation didn't take place in March, were you not sent a Notice of Hearing and Directions by the court which would have told you (and the Claimant) to file Witness Statements and given the Claimant a deadline for paying the hearing fee etc?

I'm not sure why it would be stayed if it's already been allocated to the county court.

A case never gets "closed". It can be adjourned, dismissed, discontinued or struck out but all of these require somebody doing something which you should get to hear about officially.

Why not call Nottingham County Court to see what's happening in case their Order to you went astray in the post (if they sent one that is).

Di

[Raincheck]

Re: Court claim - Orange / Lowell 06-01-2016

With regards to court fees, it's worth checking if you qualify for fee remission. It's easy to qualify if you are receiving income-based benefits like JSA/ESA/HB, etc.

[flammableeye]

Re: Court claim - Orange / Lowell 06-01-2016

Good afternoon,

Right, I now have a brief conclusion to all of the above.

Since approx April 2016 until February 2017 nothing had occurred with this. Apparently the Court had lost some information which they wrote to me about in February 2017, requesting a copy of my defense.

Having replied to them with this, a court date was then set for 23rd August.

Roughly a week ago I received a letter from the claimants stating they had decided to discontinue legal proceedings (with an enclosed Notice of Discontinuance).

Thank you for everyone who took the time to assist with this, it is much appreciated.

Sam

[Amethyst]

Re: Court claim - Orange / Lowell 06-01-2016

That's great flammableeye, just a shame you had it lurking in the background for so long due to the courts cock up.... but still, done with now, Congratulations