**DISCONTINUED** Lowell Mediation

[Sue49740]

Hi could someone please point me in the right direction
I received a claim as below
A claim was issued against you on 16/05/2016


Your acknowledgment of service was submitted on 23/05/2016 at 15:46:42


Your acknowledgment of service was received on 24/05/2016 at 08:01:41


Your defence was submitted on 10/06/2016 at 10:42:59


Your defence was received on 10/06/2016 at 12:01:46


DQ sent to you on 18/07/2016


DQ filed by claimant on 18/07/2016


You filed a DQ on 04/08/2016

Since the 4th August I have heard nothing what should I do

Many thanks

[MIKE770]

Re: Lowell Mediation

claimed is stayed no doubt ring the court for update, claimant would have to pay a fee to resurrect it? if stayed.

[Sue49740]

Re: Lowell Mediation

Thank you I will call the court tomorrow

[nemesis45]

Re: Lowell Mediation

Good morning Sue, welcome back!

I have responded to your PM.
Stayed:

The claim has been suspended by the court because the claimant has not responded to your defence. A Stay is open ended and the claimant can at any time pay a fee to continue the claim.

If a stay becomes very prolonged you can give the claim notice that you are going to apply for the claim to be struck out with the claimant paying the court fee.

nem

[Diana M]

Re: Lowell Mediation

Hi could someone please point me in the right direction
I received a claim as below

A claim was issued against you on 16/05/2016

DQ sent to you on 18/07/2016

DQ filed by claimant on 18/07/2016

You filed a DQ on 04/08/2016

Since the 4th August I have heard nothing what should I do

Since both parties have filed their Directions Questionnaire this claim will not be stayed.

The DQs are sent when the Claimant informs the court that they intend to continue with the proceedings following receipt of your Defence.

After the DQs are filed NCCBC will transfer the file to your local county court (assuming you put your local one on your DQ).

However I notice from your thread title that Mediation may be involved. Did this go ahead because that phase can take time to administer?

If there wasn't Mediation following the DQ stage then the next thing you should hear from your local county court is a Notice of Allocation/Hearing with court Directions informing both parties what they have to do and when they have to do it by, with the date the hearing has been listed.

At least that's what should happen.

It appears the DQs were filed in August 2016 so you need to find out why the delay in these proceedings.

So call NCCBC to ask if they have transferred the case. If they have (things sometimes get lost en route) then call your local county court to ask them to clarify the status of the claim.

How much is this claim because the steps following a DQ will be different if the case is destined to be allocated to the Fast Track? However if Mediation was involved this must be a Small Claims Court case because free court Mediation is not available to Fast Track cases.

Di

[Sue49740]

Re: Lowell Mediation

Hi Diana
I completed the DQ in august agreeing to mediation that is the last I heard the claim wAs for £174 I have requested all the normal paper work from Lowells but have nothing many thanks sue

[Diana M]

Re: Lowell Mediation

Hi Diana
I completed the DQ in august agreeing to mediation that is the last I heard the claim wAs for £174 I have requested all the normal paper work from Lowells but have nothing many thanks sue

By requesting all the normal paperwork, do you mean you sent a CCA Request and a CPR 31.14 Request to Lowells?

The claim is for a small amount in Lowells terms (£174) . Do you think there's a slim possibility that they have Discontinued it and not told you?

I don't dare plant that happy thought in your mind so ring NCCBC to see what's going on in case it's just a case of the file getting lost.

Di

[Sue49740]

Re: Lowell Mediation

Yes the CCA & CPR I have just spoken to the court and they don't know why it was not put forward to mediation they are now going to put it to a local court where they say I will be offered mediation this debt was at a old property that I had not lived at for 2 years and I had never had a debt or account with Next who where the originally creditors so looks like I will have to wait and see what happens

[Diana M]

Re: Lowell Mediation

I have just spoken to the court and they don't know why it was not put forward to mediation they are now going to put it to a local court where they say I will be offered mediation this debt was at a old property that I had not lived at for 2 years

Okay, so now you have a status update. You'll hear from your local county court next. Post up when that happens.

Do you mean the claim was served on an address where you weren't living at the time?

Di

[Sue49740]

Re: Lowell Mediation

No it was served on my current address but when I checked my noodle report the debt was
for my old rented property I presume they had done a credit check on me and found my new address does that make sense

[Diana M]

Re: Lowell Mediation

No it was served on my current address but when I checked my noodle report the debt was
for my old rented property I presume they had done a credit check on me and found my new address does that make sense

Yes that makes sense

You can see who has searched your CRA file on Noddle.

If the old and new address were linked when you moved (DVLA etc spread the word) then they will have found your new address.

Di

[Sue49740]

Re: Lowell Mediation

Just a update I phoned Northampton court and the lady could not understand why I had heard nothing since the 4th August it has now been transferred to my local court and I have received a letter from this court confirming this my question now is what will happen now thanks sue

[nemesis45]

Re: Lowell Mediation

Just a update I phoned Northampton court and the lady could not understand why I had heard nothing since the 4th August it has now been transferred to my local court and I have received a letter from this court confirming this my question now is what will happen now thanks sue

You will have to make a witness statement which must be filed at least 14 days prior to a hearing.
Have you got a hearing date?

nem

[Sue49740]

Re: Lowell Mediation

Hi Nem
No hearing date as yet

[Diana M]

Re: Lowell Mediation

I phoned Northampton court and the lady could not understand why I had heard nothing since the 4th August it has now been transferred to my local court and I have received a letter from this court confirming this

What does the letter from your local county court say?

Is it a random letter or is it a Notice of Allocation?

Di