***WON !!!! *** Court claim - Lowell/Lloyds - 27/09/16

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Ok, I've just had a search on the forum and found that I can request the case gets struck out using an N244 form.

I'll cross that bridge when I come to it, but I just wanted to know what my options are in case it comes to that situation.

Thanks.

[nemesis45]

Re: Court claim - Lowell/Lloyds - 27/09/16

I see, so they are only likely to proceed if they have the evidence to push through the claim.

What concerns me is that if the case is stayed, then there isn't a definitive conclusion to the case if there is always an option for it to continue. I would really like to have a definite resolution over this in order to not have it hanging over our heads.

Is there anything I might be able to do to achieve this in the event that the case is stayed?

Hi a stay is open ended and can go on for a very long time, if this happens you can make an application to the court for the claim to be struck out
(fee payable) another prospect is to invite the claimant to discontinue the claim as it seems they have no reasonable prospect of taking the claim further.

nem

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Great, thanks. That's exactly the information I wanted to know at this stage.

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Hi all,

The case is continuing! Today we have received a 'Notice of Proposed Allocation to the Small Claims Track'.

The front page of the letter states the following:

TAKE NOTICE THAT

1. This is now a defended claim.

The defendant has filed a defence.

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 13 February complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office...and service copies on all other parties.

We have still not received any evidence from Lowell's that this debt is not statute barred (as was the defence claim).

On the advice pages included, it asks us to consider the following statement:

I can confirm that I have enough information about the claim, to allow me to enter negotiations.

Because we can't answer 'yes' to this statement, then mediation is not suitable for this case.

We have decided that we are going to continue to defend this claim on the basis that we haven't received proof disputing our statute barred defence.

Therefore, can anyone offer any advice on filling out the N180 form? I am presuming that we need to state 'No' where it asks 'Do you agree to this case being referred to the Small Claims Mediation Service?', however, there doesn't appear to be anywhere to state why.

Also, I presume that I would say 'yes' to the question about 'small claims' being the correct track, and continue to fill my details in for the hearing?

Any advice here would be much appreciated, as ever.
[MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: Court claim - Lowell/Lloyds - 27/09/16

Personally I would say 'yes' to mediation.
When the Mediation Service contacts you, if you still have not received disclosure documents, just tell them so.
They will normally then refer the case back to court for allocation.
It is expected (though not mandatory) that both sides try to settle the dispute out of court; by appearing to comply, you at least won't lose brownie points.

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

[MENTION=5553]charitynjw[/MENTION]

Thanks for the advice. Ok, that makes a lot of sense - it gives a chance for us to appear that we WANT to mediate, but can actually state why that isn't possible. I presume that I will be able to do that when they call?

[charitynjw]

Re: Court claim - Lowell/Lloyds - 27/09/16

Yes, you can.

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Hi all,

So I emailed the mediation service stating that we don't have copies of the requested evidence. We received an email this morning which, from what I understand from other threads, is a fairly standard 'next step':

If you do not have enough information from the other party, mediation cannot be arranged and the case will instead be transferred to a local court to proceed. Once the case has been transferred you will be notified in writing and that court will contact you with further directions

In the interim you can try to contact the other party directly to request the information that you require. If the Judge at the local court maintains that the case is suitable for mediation, and you receive the information you require, please contact us again and we will try to arrange an appointment.

I suspect that the next step is simply to wait for the next stage from the local county court. I don't believe we should be further chasing Lowells for the paperwork, as it is up to them to raise it. Please tell me if I am wrong.

From what I understand, a court date is likely to be set, but it will be up to Lowells to provide the paperwork to both us and the courts 14 days before the assigned court date. If they DO provide something, then we will have an opportunity to mediate.

If they DON'T provide evidence, then what?

Thanks again for all your help.
[MENTION=49370]Kati[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[charitynjw]

Re: Court claim - Lowell/Lloyds - 27/09/16

Lowells often leave disclosure until last minute.com.
You should, in due course, receive notification from the court of the allocation to track, hearing venue & date, & instructions on disclosing evidence. (Usually 14 days before the hearing).
The Claimant should also be advised of the deadline for paying the hearing fee.

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

But that disclosure must still be 14 days before the hearing, am I right? There must still be an opportunity to initiate mediation before the court case? [MENTION=5553]charitynjw[/MENTION]

[charitynjw]

Re: Court claim - Lowell/Lloyds - 27/09/16

I was reading a post this morning where the Claimant didn't disclose until the day before the hearing.
Because of that, plus a few other issues, the judge threw the case out!

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Let's hope that is the way this case is going!

[whitevinyl]

Re: Court claim - Lowell/Lloyds - 27/09/16

Hi all,

I just wanted to post an update, as there has been quite a bit of activity.

A court date was set for this case in early June, and a couple of weeks later, we received the usual nice-but-not-nice letter from Lowell stating that they believe that the Statute Barred defence was not applicable because a default notice was issued in 2013, They then stated that they were confident of winning in court, and invited us to make an offer.

However, there was STILL no evidence provided as requested in the 31.14 request, so I decided to leave it, as I knew we would need to start building our defence by mid-May.

I was due to post this update on here this week, then this morning my wife sent me a photo with another letter from Lowell's Solicitors, this time stating that they had been instructed to discontinue the claim, and enclosed a 'Notice of Discontinuance'!!!

Does that mean that this is finished?

Do I need to check this with the court?

And is the notice proof against any further claims in future?

@Kati @Diana M @charitynjw @nemesis45

[Amethyst]

Re: Court claim - Lowell/Lloyds - 27/09/16

Whoop !!! That should be it, over and done with. They have discontinued You have won !!!! WELL DONE

Check with the court for your own peace of mind. They'd be in a pickle if they did start sending out NOD to defendants and not actually discontinuing so I don't think you have any worries there, but always nice to hear it from the Court

Yes keep hold of the documents just in case. As you had already defended they would have to show court a bloody good reason for having a 'second bite of the cherry' - so you should be able to put that folder with the claim and NOD away in a draw and forget about it now xxxxx

[Diana M]

Re: Court claim - Lowell/Lloyds - 27/09/16

A court date was set for this case in early June, and a couple of weeks later, we received the usual nice-but-not-nice letter from Lowell stating that they believe that the Statute Barred defence was not applicable because a default notice was issued in 2013, They then stated that they were confident of winning in court, and invited us to make an offer.

. . . . another letter from Lowell's Solicitors, this time stating that they had been instructed to discontinue the claim, and enclosed a 'Notice of Discontinuance'!!!

This is excellent news!

If they were so confident of winning in court why did they surrender before that was put to the test

Well Done You for holding your nerve.

Di