**STRUCK OUT!!** Lowell solicitors and ccj with Northampton County Court

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

@Nemesis
Hi nem, they have paid the court fee, late by all means though!!

I'm due in court tomorrow with this matter now but have not heard anything off them in the post regards their witness statement OR any replies back from me asking them for proof re, CPR OR CCA requests.

I will ring court soon and see what they say, hopefully Lowells will not have sent anything in to them either, but how does it work if they have sent it to court BUT not to me??

Ok as the court has said make it known to the judge that Lowell/Lowell Solicitors Ltd has failed to file a witness statement and supporting documents. Nor have they complied with CCA request and CPR31.14.

If they turn up with documents you have not had sight of make sure the judge know this if they send a " representative" litigation assistant, paralegal
and they want to " chat " to you prior to going into the hearing beware of what they say they are not there to do you any favours.

The judge has a number of " sanctions " he/she can apply if Lowell sols have been playing silly buggers with the WS and Documents to support their claim.

Just calmly state the facts as you see them and have your WS and ALL original correspondence on hand in court ( bet to take extra copies as well so
they are available if required.

Good luck Roddaz!! Please let us know the outcome.

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Just got the confidence to ring the courts, omg I'm shaking here....

A horrible lady answered and left me waiting for 5 minutes before I was asked for my case number.

Been told what I knew, that the hearing fee had been paid, but a witness statement had NOT been submitted.

I asked what happens now and she said nastily, you come to court and the judge will decide what to do.

Absolutely scared stiff now that I'm going to court tomorrow and they have not sent anything or followed any of the rules like I have

Anyone got any advice that I may need, as Lowells have NOT complied with any of my requests of documents so I can't actually defend something I don't know AND they seem to have failed to submit a witness statement to not just me but to the courts 😩😩😩

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Just got the confidence to ring the courts, omg I'm shaking here....

A horrible lady answered and left me waiting for 5 minutes before I was asked for my case number.

Been told what I knew, that the hearing fee had been paid, but a witness statement had NOT been submitted.

I asked what happens now and she said nastily, you come to court and the judge will decide what to do.

Absolutely scared stiff now that I'm going to court tomorrow and they have not sent anything or followed any of the rules like I have

Anyone got any advice that I may need, as Lowells have NOT complied with any of my requests of documents so I can't actually defend something I don't know AND they seem to have failed to submit a witness statement to not just me but to the courts 

The court scenario is not as awful as you may think Roddaz, small claims hearings are " in chambers not an open court so the judge, you and the claimants representative are the only people in the room.
While there's time write your self a bullet pointed list of all you want to say to the judge on the debt/claim and the conduct of Lowell and its solicitors. Have a couple of extra copies in case the judge ask what you are reading from.
I think there's the following scenarios
Lowell /Solicitors don't turn up but rely on a witness statement that you haven't seen judge may disallow it and dismiss the claim
Nothing and Nobody from Lowell turn up you can put your points to the judge and the case is disposed of on the claimants absence.
The judge adjourns the case and allows Lowell more time unlikely I think.

The answer to your fears and anxiety BE PREPARED!

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks nem,

So if I just go with the witness statement and the fact I've followed the process to the letter and have anxiously waited for post to come with what I requested and haven't had anything and submitted a witness statement saying what I have asked for which has not arrived so I'm unable to actually defend anything then see what happens.

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks nem,

So if I just go with the witness statement and the fact I've followed the process to the letter and have anxiously waited for post to come with what I requested and haven't had anything and submitted a witness statement saying what I have asked for which has not arrived so I'm unable to actually defend anything then see what happens.

Summed it up Roddaz that is the defence in nutshell.

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Brill that is ace thank you guys
12pm tomorrow I will be in court and hopefully what ever time it finishes I will have a smile on my face and a good outcome from this horrible last 7 months 😡

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Brill that is ace thank you guys
12pm tomorrow I will be in court and hopefully what ever time it finishes I will have a smile on my face and a good outcome from this horrible last 7 months 

Good Luck!!

nem

[Diana M]

Re: Lowell solicitors and ccj with Northampton County Court

12pm tomorrow I will be in court and hopefully what ever time it finishes I will have a smile on my face and a good outcome from this horrible last 7 months 

Good Luck with tomorrow!

The DJ cannot do your job for you. So if you want him to dismiss the claim based on law then take the relevant information with you.

I have not read your thread so can't comment. But if you're relying on the fact that the Claimant has not produced the credit agreement you may be referring to s.78 CCA which was repealed in April 2007 so I don't know whether it applies to your situation.

PT2537 explained it here in a blog post > https://paulatwatsonssolicitors.word...er-credit-act/

If it all goes horribly wrong (hopefully not) then ask the DJ for permission to appeal before he leaves the room. Let's hope that won't be needed.

One small point, the hearing will be held in open court and not in Chambers. Any member of the public can attend (but not speak) so you can take a friend with you if it helps. They can be large daunting rooms but stay focussed and you will be okay.

Call the DJ Sir or Madam and wear your best clothes

Di

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Just wrote this if im allowed to use this along with the other document im taking (My Defence and my Witness Statement)

What do you think?

County Court 19^th October 2016
12.00pm
Lowell’s / Lowell’s Solicitors v
Claim Number

Conduct by Lowells
· Received out of the blue a CCJ Claim form to myaddress at
· Sent off CCA and CPR 31.14 Paid the £1 statutoryfee
· Lowells have NOT sent me anything to allow me to defend this claim
· Unable to go to mediation as Lowell’s have notallowed me to
· Claim referred to Court
· Hearing fee to be paid by Lowells Missed in July
· Late with the 2^nd Hearing fee, Paidon around the 15^th Aug 2016
· I Submitted a Witness statement sending both tocourts and Lowell’s by Recorded Delivery
· Have not yet again received any letters ORWitness Statement from Lowell’s or solicitor
· Contacted the Bury County Court on the 18^thOctober 2016 and they told me that NO Witness statement had been received bythem from the claimant
· Advised to attend court and let the judge decidewhat action to take.
· So NO Witness statement had been sent to me 14days prior to the Court Date

Since receiving an important County Court Document back in March, Ihave felt nothing but anxiousness and distress, waiting on the post comingthrough the door, possible bailiff action and a CCJ recorded on my credit file.I have followed the required actions that were asked of me and have heardNOTHING from Lowell’s / Solicitors and am constantly worried, am having toattend court when I have never had to do this before has made my anxiety evenworse. I am not able to defend this case as the ONLY document I have received isthe Court Claim form off Lowell’s, / Solicitor and ALL correspondence I have sent to them has my return address on itso they are able to follow the correct procedures, but have failed to do this,and FAILED to supply me with any evidence of this claim they have issued me.

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Good Rodazz it will be very helpful and unless court process has change since last week small claims are being held in chambers at least where I am.

Small claim hearings advice 2016.

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks Nem, Well if its Chambers or Open Court then im sure ill be as terrified with either.
I will go, defend myself as much as I can and hopefuly get the DJ to take on my points when making the decision.

Hopefully they will know how bad Lowell is at doing this and will be a relativley easy decison for them and send Lowell packing.

Worst case is they tell me I owe £2,000 although I cant afford this, im not going to Jail or heaven Least thats something to smile about.

I will update you all as soon as I am out and hopefully a witn for team Leagal begals

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks Nem, Well if its Chambers or Open Court then im sure ill be as terrified with either.
I will go, defend myself as much as I can and hopefuly get the DJ to take on my points when making the decision.

Hopefully they will know how bad Lowell is at doing this and will be a relativley easy decison for them and send Lowell packing.

Worst case is they tell me I owe £2,000 although I cant afford this, im not going to Jail or heaven Least thats something to smile about.

I will update you all as soon as I am out and hopefully a witn for team Leagal begals

Nervous or not my friend you have gone through nearly a 150 posts hear and have yourself very well prepared.

nem
Best wishes.

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thank you for being here to help and assist through this thread, everyone of you Lets hope so Nem

[Stu]

Re: Lowell solicitors and ccj with Northampton County Court

Worst case is they tell me I owe £2,000 although I cant afford this, im not going to Jail or heaven Least thats something to smile about.

And this is what you must remember when you're in front of the judge Roddaz, hopefully it will ease any anxiety. Personally I'm shocked they have taken it this far and beggars belief how they're allowed to get away with disobeying court procedure..!! Good luck and I hope it goes right for you...

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Hi Stu

I know I cant believe they are taking this all the way either without following procedure either. I really hope I can win this.

I have now got with me for my court date tomorrow
My Defence
All Recipets from the post office
My Bullet points to say how awful and conduct by lowells not follwoing procedure
My Witness Statement
My Copy of the CCA

Fingers Crossed for me