**DISMISSED** CCJ Help Needed

[egbert]

Re: CCJ Help Needed

I now have the N181 from Lowells -Their proposed directions are as follows:

1. The matter is allocated to the small claims track.
2. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing.
3. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

Do I just use the same for my proposed directions?

Regards
Egbert

[egbert]

Re: CCJ Help Needed

Also why would they revert to the small claims track?

[egbert]

Re: CCJ Help Needed

OK, I've produced my proposed directions - any comments welcomed.

1. The claim is assigned to the small claims track.

2. At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reasons within 21 days of that proposal.

3. Disclosure of documents will be dealt with as follows:

a. Request must be made to inspect the original of, or to provide a copy of, a disclosable document.

b. Any such request unless objected to must be complied with within 14 days of the request.

4. Evidence of fact will be dealt with as follows:

a. All parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence.

b. Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the Court.

5. No expert evidence is necessary.

[egbert]

Re: CCJ Help Needed

I have to have my witness statement into court this week- but what do I put in it? Any help much appreciated.

[egbert]

Re: CCJ Help Needed

Well it's been a while but I thought I would just say thanks to the templates and assistance from people on this forum - the court has dismissed the claim against me. On my day in court Lowells failed to provide any of the documentation requested. They also claimed that I had previously agreed to pay by direct debit but could produce no paperwork to this effect. They claimed I had paid an initial payment of £45 but could not show which account the funds had been paid to. On top of this nowhere in there evidence did any two amounts actually match. The final nail in the coffin of their case is that they produced their own documentary evidence that was in the incorrect dated order. To be fair the solicitor representing them apologised after the hearing. It's been a long and worrying 18 odd months but time and effort getting things correct and into court in time has had the desired effect - all I can say is that Lowell is clearly just a bunch of chancers...

[Amethyst]

Re: CCJ Help Needed

Ahh well come egbert, that is good news. Sounds like you did really well in court and Lowell really didn't help themselves at all. Well done

[egbert]

Re: **DISMISSED** CCJ Help Needed

It all went pretty smooth in court the claimants solicitor seemed a bit embarrassed by it all. From their evidence I had prepared and went through every inconsistancy and contradiction page by page. I still couldn't believe it when at the end the judge simply dismissed it and said no case to answer. It was almost as if Lowell's couldn't be bothered.

[nemesis45]

Re: CCJ Help Needed

Well it's been a while but I thought I would just say thanks to the templates and assistance from people on this forum - the court has dismissed the claim against me. On my day in court Lowells failed to provide any of the documentation requested. They also claimed that I had previously agreed to pay by direct debit but could produce no paperwork to this effect. They claimed I had paid an initial payment of £45 but could not show which account the funds had been paid to. On top of this nowhere in there evidence did any two amounts actually match. The final nail in the coffin of their case is that they produced their own documentary evidence that was in the incorrect dated order. To be fair the solicitor representing them apologised after the hearing. It's been a long and worrying 18 odd months but time and effort getting things correct and into court in time has had the desired effect - all I can say is that Lowell is clearly just a bunch of chancers...

Well Done!!

Lowell's Incompetence and your efforts paid off.

nem

- - - Updated - - -

Well it's been a while but I thought I would just say thanks to the templates and assistance from people on this forum - the court has dismissed the claim against me. On my day in court Lowells failed to provide any of the documentation requested. They also claimed that I had previously agreed to pay by direct debit but could produce no paperwork to this effect. They claimed I had paid an initial payment of £45 but could not show which account the funds had been paid to. On top of this nowhere in there evidence did any two amounts actually match. The final nail in the coffin of their case is that they produced their own documentary evidence that was in the incorrect dated order. To be fair the solicitor representing them apologised after the hearing. It's been a long and worrying 18 odd months but time and effort getting things correct and into court in time has had the desired effect - all I can say is that Lowell is clearly just a bunch of chancers...

Well Done!!

Lowell's Incompetence and your efforts paid off.

nem