Won case against Next but Lowell are taking me to court

[Amethyst]

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

I have to do school run but I'll get it all drafted up together for you tonight - when you come to actually do the application it will take a couple of weeks to go through to the Judge, and he might want a hearing for it.... but don't worry as putting in the application does put a barr on the claim so you won't be at risk of getting a default judgment or anything xxxx

[ni-11]

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

ok thank you

[ni-11]

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

when you come to actually do the application it will take a couple of weeks to go through to the Judge, and he might want a hearing for it.... but don't worry as putting in the application does put a barr on the claim so you won't be at risk of getting a default judgment or anything xxxx

I want to send the letter today, shall I tell them about the application in the letter or not?

[ni-11]

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

So, I have written the letter and I am completing the N244 to send a copy of with my letter to Lowell. Shall I write that the order I am asking the court to make is for the claim to be struck out? and why? shall I say because it has already been to court and struck out. Also in Q10, do I tick evidence set out in box below and explain again, or do I attach the documents that I am sending in the letter to the draft application? i apologise I keep asking again and again, but it is very confusing to me. Thank you

[ni-11]

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

Y


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

Hello again, I have sent the letter to Lowell and now i am waiting for their reply. However I am worried that even if everything goes my way and they discontinue their claim, they may re-issue it as you mentioned in an earlier post. I am thinking that maybe I should file my defence now, not in a weeks time as I was planning. What do you think

[Diana M]

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

I have sent the letter to Lowell and now i am waiting for their reply. However I am worried that even if everything goes my way and they discontinue their claim, they may re-issue it as you mentioned in an earlier post. I am thinking that maybe I should file my defence now, not in a weeks time as I was planning

If you sent the letter which Amethyst drafted for you in post # 67 then you will have told Lowells that they have until 4 pm on the 17th October to Discontinue after which you will make an application to strike out the claim.

Di

[ni-11]

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

Yes that is what I have done, but that is for the draft order, or do I file my defence on that same date. I apologise if I keep asking the same questions over and over

[ni-11]

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

Hello, just to let you know, Lowell discontinued their claim AFTER I filed my defence and after I sent in the application notice. But it was all over!!!! Until today when I received another later from Lowell with the same claim number and a Directions Questionnaire (Small Claims Track), already completed by them (aren't they kind!!) asking me to sign it so that there can be mediation between us so that it's not taken to court later on. I don't understand this. What do I do? Do I ignore it? I thought once they discontinued , especially after my defence was filed, that they wouldn't take it to court again.

[Kati]

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

Did you receive a notice of discontinuation from Lowell?

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[ni-11]

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

Yes I have a letter of discontinuance from Lowell, that they discontinue all of the claim and I also have a letter from the court saying they will not continue with my application as the claim has been discontinued

[Amethyst]

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

Have you had to pay for the application?

I wouldn't worry about the directions questionnaire from Lowell , it's most likely just them not knowing their ass from their elbow.

You could check it with Lowell, combine with request for your app costs tho if you had to pay them.

[ni-11]

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

No, because I think it was going through just as they discontinued their claim. So it didn't go ahead

[Amethyst]

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

Ahh that's good .... should all be over then xxx

[ni-11]

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

Should I reply to them or just ignore it. Do you think they are just trying anything they can think of now?

- - - Updated - - -

I mean, it is not a legal paper is it? Is it their own questionnaire?

Apologies, I just read all your previous reply. Ok, I will ignore it then. Sooooo....... I just would like to THANK you so very much, for all your help, every single one of you, all who replied to my questions and helped me with the letter and the defence. It is so wonderful knowing there are people who will help for nothing. So THANK YOU VERY VERY MUCH for all your help. YOU ARE ALL THE BEST!!!!!!!!