Lowell - Notice of Proposed Allocation to Small Claims

[Twizzle111]

Hello everyone,
Thought I was reasonably clued up but Lowell have succeeded in wearing me down to self doubt and would just like to run this by you cleaver people to make sure I’m not making a big mistake before I go for this low level debt collecting scum.

I have received a Notice of Proposed Allocation to small claims (form N149A) after having defended their initial claim via Northampton County Court as my dispute regarding non payment to an 02 phone contract was in a complaint situation with The Ombudsman. Their application was Stayed. This track to small claims has come through after having requested for further information via access rights and I have received nothing back from initial papers 26/11/18. Lowell have succeeded to have the Stay lifted, and quoted on their application notice that “due to a system error that was no fault of the claimant, the Directions Questionnaire was not submitted as the error was only identified on 1 July 2019. So few questions for you lovely people.

1. ‘System error’ my arse! is there not a legal time requirement to have applied for the stay to be lifted before the 6 months that have passed between original 26/11/18 and them noticing an error of 1 July 2019?

2. Time line has been cut to minim and feels very much like a underhanded attempt to obtain a CCJ by default of not allowing me sufficient time to get my head around anything or indeed getting paperwork together or seeking advise. How wrong they are as I have 2 days so appreciate some quick responses please.

Paperwork arrived to me Friday 26 July. Lowell Application to lift stay dated 2 July. General Form of Judgement lifting the Stay is dated 10th July. Notice of Proposed Allocation to the Small Claims Track dated 16th July. Small Claims Directions Questionnaire must be returned by 2 August 2019.

3. Direction Questionnaire. I have heard mixed reports on whether to answer A1 (mediation) as allowing it to go to mediation if you are defending the claim. Any advise as do not want to fill this in incorrectly?

Hoping some of you could just give me reassurance that this is worth the fight as I’m sure Lowell work on a theory of ‘wear them down, wear them out, be as unprofessional as possible’.

Many

[Amethyst]

Send back the Directions Questionnaire - tick yes to mediation and send a copy to the claimants as well as the court - then procedurally you're okay xxx If the claimant still doesn't provide any documents before your mediation date the mediation will just be cancelled… It's just useful to have it there as a backup.

so to your questions ....

1) A claim is automatically stayed if they don't respond to the defence....They can apply to lift the stay at pretty much any time after that ( we see it happen 4 years later quite often )

2) You received a copy of their application to lift the stay But didn't file anything with the court in defence of their application?

3) answered above


Do you want to tell us a bit about the claim…It's on O2 mobile phone contract that you had a dispute on and went to the ombudsman… What happened with the complaint at the ombudsman? And how long ago did the account default or when was your last payment?

If you can post a copy of their claim particulars and your defence… And their stay lift application .... We might have a better idea whether it's worth you proceeding in defending the claim.