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

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

Also in my Notice of Alllocation to the Small Claims Track letter (posted above) it says i must serve all documents that i intend to rely on at the hearing to every other party and to the court office no later than 14 days before the hearing. Which documents does that refer to? and ALL parties being the court, Lowells solicitors and Lowell themselves? Sorry if these are stupid questions but i'm all new to this. Any help is appreciated. Thankyou

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

Any help would be appreciated greatly

[suffering]

Re: Lowell Claim Form Northampton Court *HELP*

Ive just read through this thread with great interest. As i see it they have not produced the original contract or default notice that you requested therefore you have good grounds to ask the court to strike this claim out as the Claimant has not provided the court or yourself with the requested documents therefore you are unable to defend yourself. I would contact the court and see if you can amend your defence on the grounds that the claimant has failed to comply with your request for documents. your defence should be, the sum claimed is in connection with an alleged agreement that you deny entering into and even if this was the case then none compliance of a default notice. If they cannot prove otherwise ask for the case to be struck out

i must add this is just my humble opinion

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

Ive just read through this thread with great interest. As i see it they have not produced the original contract or default notice that you requested therefore you have good grounds to ask the court to strike this claim out as the Claimant has not provided the court or yourself with the requested documents therefore you are unable to defend yourself. I would contact the court and see if you can amend your defence on the grounds that the claimant has failed to comply with your request for documents. your defence should be, the sum claimed is in connection with an alleged agreement that you deny entering into and even if this was the case then none compliance of a default notice. If they cannot prove otherwise ask for the case to be struck out

i must add this is just my humble opinion

Thankyou so much for your reply, any idea how I'd go about this? I'm guessing you are aware I have a court date set also?

[charitynjw]

Re: Lowell Claim Form Northampton Court *HELP*

. As i see it they have not produced the original contract......

1. (6) Moreover, a requirement that the original be used to make the copy could work real injustice where the creditor had lost it, in a fire for example. This was one of the reasons why HHJ Langan QC held in Mitchell (supra) at para. 17 that a photocopy was not necessary and a reconstruction would do. As he put it:
   "Suppose a situation in which a lender could not find an original agreement which had been misplaced in its archives, or in which a batch of such agreements was destroyed in a fire. Suppose also that the lender could reconstitute the agreement or agreements from other sources - a card index or computerised records of transactions, and a copy of the standard terms printed on application forms at the relevant date. In such a case, even though no doubt could be cast on the accuracy of the work of reconstruction, the lender would be subject to the section 78(6) bar on enforcement and, in the case of destruction by fire, the bar would necessarily be perpetual. This would, in my judgment, be a grave injustice to the lender, while to permit reconstruction would not work any countervailing injustice to the borrower. I do not accept that a fair apportionment of risk between the parties requires the court to adopt the interpretation for which Mr Berkley contends."

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

[Funnyman21]

Re: Lowell Claim Form Northampton Court *HELP*

Hi, I received a letter from Lowell today, including a notice of discontinuance that has been filed to the court by Lowell themselves. Does this mean there is no need for a witness statement and what's next? Finally I can start to see am end to this. Thank you to everyone who helped me with this I appreciate it so much!

[MIKE770]

Re: Lowell Claim Form Northampton Court *HELP*

they have given up as usual - end of

you can double check with the court in say 5 days to confirm well done

[Amethyst]

Re: Lowell Claim Form Northampton Court *HELP*

Hi, I received a letter from Lowell today, including a notice of discontinuance that has been filed to the court by Lowell themselves. Does this mean there is no need for a witness statement and what's next? Finally I can start to see am end to this. Thank you to everyone who helped me with this I appreciate it so much!

Brilliant WELL DONE !!

Nope no need for you to do your witness statement. Just give the court a buzz tmw/next week and double check they have the NoD as well ... then you're done.

CONGRATULATONS !!

[Kati]

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

well done xx

[Funnyman21]

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

Thank you so much to everyone for your help, this is great news! This place (legalbeagles) helped me so much and without it I couldn't of managed what I have achieved. Thanks so much!

[Carm0512]

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

Hey! I’m just catching up on your post and hope you don’t mind me bothering you. I’m currently in a similar position with Lowell - I’ve disputed ownership of the debt and defended my claim. I sent them a request for the particulars of claim and they didn’t respond or provide a single thing. I even contacted O2 who the debt was originally with and they say they keep nothing over two years so they can’t provide any documents either. I’ve just received a court date for the 18th jan but have to file my witness statement by next week. Have you any advice at all? I’m hoping that their refusal to provide any of the original documents means they don’t actually have any ! Thanks in advance

[PAWS]

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

Well done all concerned especially [MENTION=3599]MIKE770[/MENTION] . I did notice [MENTION=101273]Funnyman21[/MENTION] you said thank you on almost all your posts for every single bit of advice you received which makes me especially happy for you.

[bigty584]

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

Did you transfer to the courts immediately or did you wait the 16 days? Just trying to get a bit more information before I go through a similar process.

[beaconsman]

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

Personally i would still with the full allocated time.