Won case against Next but Lowell are taking me to court

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Also should I write in the letter that if they don't discontinue the claim then I will proceed with the Summary Judgment ( as suggested by Diana M previously)? Should I also ask them to remove the default from my credit records or should I wait until it's over? Thank you

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

Also should I write in the letter that if they don't discontinue the claim then I will proceed with the Summary Judgment ( as suggested by Diana M previously)? Should I also ask them to remove the default from my credit records or should I wait until it's over? Thank you

Personally I would not go down that route now.

I'd stick with something along the lines of .

If it is decided to continue this claim I will apply to the court for the claim to be struck out.

As to the default ( which did in fact occur) it's likely it would remain on file until 6 years have elapsed from the default date.

Keep it simple.

nem

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I don't want to rush it, I want to do it right. I think as you all have suggested I will do both the defence and the letter at the same time

Your earlier decision makes sense.

When you have the appropriate letter and Defence ready you will be sending it to Lowells Solicitors who currently have conduct of your case and not the Chief Operating Officer of the Lowell Group.

You need to get this right if you want them to take you seriously and Discontinue by a deadline which you will dictate.

Act like a lawyer without sounding like a lawyer. Ranting letters don't work and can prolong things even if they make you feel better at the time

Amethyst has drafted something for another member (Marr) which is along the lines of what you need to do and say next. Your letter will be putting them on notice that if they don't Discontinue you'll be going for a strike out or summary judgment.

It's free to file a Defence. If the Claimant discontinues after a Defence has been filed they can never re-issue. If the Claimant discontinues before a Defence has been filed then they can re-issue. If the Claimant doesn't discontinue then file your Defence possibly including the fact that they refused to your reasoned request (if they do).

Always remember that any letter or email you send can be put before the DJ.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Discontinue by a deadline which you will dictate.



Amethyst has drafted something for another member (Marr) which is along the lines of what you need to do and say next. Your letter will be putting them on notice that if they don't Discontinue you'll be going for a strike out or summary judgment.

It's free to file a Defence. If the Claimant discontinues after a Defence has been filed they can never re-issue. If the Claimant discontinues before a Defence has been filed then they can re-issue. If the Claimant doesn't discontinue then file your Defence possibly including the fact that they refused to your reasoned request (if they do).



Di

How long should I give them in the letter to reply? Although as you said they can re-issue a claim if they discontinue before a defence, so if I send the letter first and they discontinue, then that means that they can always re-issue on a later date. Could you also send me a link to that letter by Amethyst. I have already been given a letter y another member to send but I'd like to have a look at another in case there is something else I could add. Thank you

[Diana M]

Re: Won case against Next but Lowell are taking me to court

What is the issue date of the claim because I can't see where you've posted that on your thread which began last Wednesday on receipt of the summons?

You have 33 days from the issue date to file your Defence (so probably the last week of October).

There is no rush to respond until you're certain you're responding in the correct way.

Each case is different so you cannot copy a letter drafted for another member. I referred to Marra's thread so you could see how 'more haste less speed' pays off. It's a great example of how the Beagles tackle things.

Template letters are for routine situations but sometimes you need something a little more bespoke

If you would like Amethyst's input then send her a PM or tag her.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

The claim was issued on the 26th of September and it says I have 28 days to file my defence. So do I have to actually give Lowell a date by which they have to reply? So they'd have to reply by the 17th and that gives me a week to file my defence???

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Sounds about right.

An idea for letter... need to do a draft application too ( have a mooch here http://legalbeagles.info/forums/show...970#post680970 different circumstances, similar app though if you want to give it a shot ?) . ( Personally I don't think we should go in to WHY it was struck out as that just sends them scurrying about to find a bit of paper and make things awkward by saying they are different facts or some such twaddle - leave it general then they'd have to contact Howard Cohen )

Dear Lowell Sols ?

Ref: County Court Claim Number XXXXXX
Northampton County Court Business Centre - Lowell Portfolio v xxxxxxxxxxx.


I am in receipt of the above referenced County Court claim dated 26th September 2016 in relation to an alleged debt from an agreement between myself and Next Retail Limited.

I am somewhat confused by your client's claim. As I am sure you are aware the alleged debt was taken to the small claims court by Next Retail Ltd back in 2012. The claim was dismissed at a hearing (following my defence of the claim) on 12th July 2012 by District Judge Godwin sitting at Aberystwyth County Court. I enclose a copy of the order, and associated documents, for your reference. The Claimant did not appeal the judgment nor apply for any relief from sanctions.

I am sure you are aware that a new claim cannot be brought on the same cause of action and before doing so you must establish, on the balance of probabilities, that the new claim is not an abuse of the court’s process and thereby liable for strike out under CPR 3.4. There has been no documentation provided to me since the original claim was struck out and it appears you are relying on substantially the same facts.

I therefore give notice of my intention to file a formal application with the Northampton County Court Business Centre to strike out your claim pursuant to Civil Procedure Rule 3.4 ( see copy attached ). This will be filed on 17th October 2016 and I will be asking the court to award the costs of this application against your client.

Your client therefore may find it appropriate to discontinue their claim in order to avoid the further time and costs of amendment and the hearing, and I would invite them to do so and ensure I am in receipt of their notice of discontinuance before 4pm on the 17th October 2016.

I look forward to hearing from you.

Kind regards


xxxxxxxxxxxx
Defendant

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Relevant CPR - https://www.justice.gov.uk/courts/pr...les/part03#3.4

I won't get into Mitchell / Jackson etc and I don't think there is any need to in the apps but have a google and a read of a few 'second bite of the cherry' articles - particularly those by Gordon Exall (if you can't find any shout and I'll dig up some links)

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Thank you soooo much !!!!!!

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

That's okay I have given you a little bit of homework though Have a look and just ask anything you need.

( Sometimes it is worth doing some legwork yourself as then you know more what you are talking about and have a bit more confidence in what you're doing, as opposed to taking a random person off the internet's word for it ( ie me ))

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Why do I need to do a draft application? I'm sorry but I am completely clueless. I'll do the defence online, and I have to do an application to have their claim struck out. I hope the letter works and it's all over before the 17th!!!!!
Also , the document that shows my Next account number also shows that my defence was based on the lack of cca. Should I include this letter or should I hide that part maybe?

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Basically to sh*t up Lowells a bit. lol.

Actually it shows you are not just talking out of your bum without serious intention. So with your letter include a copy of the draft application and they know if they do not discontinue by 17th Oct you will file that application and it will cost them £255 plus.

[ni-11]

Re: Won case against Next but Lowell are taking me to court

In the xxxxxxxxxx County Court Business
Claim No. XXXXX
Lowell Portfolio
Claimant (Respondent)


and
xxxxxxxxxxxxxx
Defendant (Applicant)



-------------------------------------
DRAFT ORDER
------------------------------------

Before District Judge Sitting at the xxxx County Court, ADDRESS OF COURT on the ............. day of .............. 2016
Upon reading the application of the Defendant;

IT IS ORDERED THAT:
The Defendant has permission to amend their defence.
The Defendant shall by 4pm on ……….. 2016 file and serve their amended defence.
The Claimant may file and serve a reply to the amended defence by 4pm on ……………. 2016.
The Claimant pay the Defendant's costs of the application of £255.00.


If this is what I have to send , along with the letter, wouldn't I have to have a date with my local county court first before sending this? Won't I have to pay for this first?

[Amethyst]

Re: Won case against Next but Lowell are taking me to court

Okay.

A draft order is something you give to the court and ask them to consider ordering.... in reality they just write their own anyway.

The draft order would be asking the court to strike out the claim so it would be something like this;

IT IS ORDERED THAT:
The claim is struck out.
The Claimant pay the Defendant's costs of the application of £255.00 within 14 days.

So you put that, then the judge looks at it and agrees ( hopefully) and issues an order in similar terms.

You'd pay for it when you file it at court, the point of this exercise is to avoid you having to do that.

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Ok, do you think will that be issued on the same day when I go in, so that I can send it along with the letter? Or does it take a few days for the judge to see it etc