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** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

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  • #91
    Re: Lowell Claim Form Northampton Court *HELP*

    I had a phone call from the courts asking if i woild consider mediation, in my response i stated I hadn't received all documents that I asked for in my CPR request and that I wouldn't be able to start mediation without them. They said I could transfer it to court immediately or wait the 16 remaining days to see if they provide the information and then the judge will decide. Do I need to send another letter to Lowell asking for the Agreement and the Default notice? Thanks

    Comment


    • #92
      Re: Lowell Claim Form Northampton Court *HELP*

      NO it is up to them no reminders

      Comment


      • #93
        Re: Lowell Claim Form Northampton Court *HELP*

        Originally posted by MIKE770 View Post
        NO it is up to them no reminders
        That's good to know, so now I will wait to hear what happens next. Thank you everyone for helping me through this.

        Comment


        • #94
          Re: Lowell Claim Form Northampton Court *HELP*

          Hi, finally I have heard back. I received a letter today woth the heading 'Notice of Allocation to the Small Claims Track (Hearing). The court date is on a date i will be working so what can be done about that? When it says I need to deliver copies of all documents on which that party intends to rely at the hearing, what does this mean? Do I need to write a witness statement? Also it says that I could apply to have the order set aside, varied or stayed? I'm all new to this as you can see so thank you for any help. I have recently got a new job so this is not needed right now. Thankyou again

          Comment


          • #95
            Re: Lowell Claim Form Northampton Court *HELP*

            The court date is on a date i will be working so what can be done about that? =

            Turn up at court they are not going to not deal with just because you are working, ! be serious here!

            Comment


            • #96
              Re: Lowell Claim Form Northampton Court *HELP*

              Originally posted by MIKE770 View Post
              The court date is on a date i will be working so what can be done about that? =

              Turn up at court they are not going to not deal with just because you are working, ! be serious here!
              Ok, I will tell work that I need to attend court on that day. Can anyone advise me on which documents need to be sent to who? I'm guessing copies go to Lowell and the Court? What is a witness statement and do I need to write one up? Any help would be great, I would hate to turn up in court and not know what I'm doing.. thanks again everyone

              Comment


              • #97
                Re: Lowell Claim Form Northampton Court *HELP*

                Guides |

                Comment


                • #98
                  Re: Lowell Claim Form Northampton Court *HELP*

                  witness statement is as per defence but with a far more detailed information regarding your case for defending and includes reference to letters / agreements / or lack of i.e. on such and such a date I requested CCA etc etc recorded delivery signed for (copy of signature) and so on , I am sure a request on here will assist you if you lay out a statement (minus person account details etc)

                  - - - Updated - - -

                  and follow court request to the letter within time limits

                  Comment


                  • #99
                    Re: Lowell Claim Form Northampton Court *HELP*

                    I will start my witness statement tonight then and post it up here. Thank you for your help. Which documents need to be sent to Lowell and the Court? Is it just my cpr 18 and cpr 31 letters? Thanks

                    Comment


                    • Re: Lowell Claim Form Northampton Court *HELP*

                      copy witness statement/document request letters ?

                      [MENTION=5553]charitynjw[/MENTION]

                      Comment


                      • Re: Lowell Claim Form Northampton Court *HELP*

                        Thankyou and here is a copy of the letter i received from the Court.
                        Attached Files

                        Comment


                        • Re: Lowell Claim Form Northampton Court *HELP*

                          http://legalbeagles.info/forums/show...ness-Statement
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • Re: Lowell Claim Form Northampton Court *HELP*

                            Thank you, I will try my best at getting one drafted up. I will post it up here to see what everyone thinks.

                            Comment


                            • Re: Lowell Claim Form Northampton Court *HELP*

                              Originally posted by MIKE770 View Post
                              all the mediator will ask you is = have you all the documents you need to proceed, you will state no = they then will state that mediation cannot commence and pass the case back to the court system to go to the next stage, do not panick lowells etc do this all the time hoping you cave in, they are like the mafia with a licence to cheat.
                              Most cases are resolved by default, sad, but true.

                              Comment


                              • Re: Lowell Claim Form Northampton Court *HELP*

                                Hi, so i've been struggling with my witness statement but have drafted one up finally. Here it is if someone could have a look through for me please? Thanks again.

                                In the [NORTHAMPTON OR MY LOCAL COURT?] County Court Claim Number:00000000
                                Between
                                Lowell Portfolio LTD Claimant
                                -and-
                                [MY NAME] Defendant

                                Witness statement of [MY NAME]

                                I [FULL NAME AND FULL ADDRESS?] being the Defendant in this case will state as follows;
                                1. I make this witness statement in support of my defence in the claim.
                                2. On the 26th of April 2017, I received a Claim Form from the Northampton County Court Business Centre for the amount of £775.42
                                3. There were no details shown about when the alleged default occurred or how the sums claimed have occurred.
                                4. This claim appears to be for an agreement between Orange and myself supposedly taken out under the Consumer Credit Act 1974 however I do not recall taking out or signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement.
                                5. On the 3rd of May 2017 I made a written request to the Claimant’s solicitors, Lowell Portfolio LTD of PO BOX 1419, Northampton, NN2 1BU requesting that the Claimant provides copies of all documents mentioned in my CPPR 18 [EXHIBIT A] I also requested a copy of the Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.
                                6. On the 4th of May I then sent out a further request to the Claimants solicitors, Lowell Portfolio LTD of PO BOX 1419, Northampton, NN21BU for further inspection of the documents mentioned in my CPR31.14 [EXHIBIT B]
                                7. On the 10th of May 2017, I received a letter back[EXHIBIT C] from the Claimant/Claimants solicitors to my written request without all of the requested documents.
                                8. I have received what appears to be the Notice of Assignment but not the Agreement, Letter of termination, the default notice or the termination notice as requested in my CPR18 & CPR31.14 requests. [EXHIBIT A & EBHIBIT B]
                                9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has failed to supply these documents despite my entitlement to inspect these documents.
                                10. The Claimants pleaded case is that the Defendant entered into an Agreement with Orange under account reference 000. I am unable to determine if this is a genuine debt as I do not have any information relating to this particular debt. It is therefor essential that I have sight of the Agreeement and all relevant documents listed within this statement that is relied upon by the Claimant to be able to accurately identify to what the claim refers.


                                Statement of Truth

                                I, [NAME], the Defendant, believe the facts stated within this Witness Statement to be true.
                                Signed
                                Dated

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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