Lowell Claim Form

[lillman]

Re: Lowell Claim Form

Okay, so a quick update...

I submitted my defence online on 28th November and I called the Court the following day and they confirmed that it had been received. They told me to sit tight and that my defence would be sent to the other side so that they can respond - the woman told me that they have 33 days to reply.

So would that be 29th November, when Court received my defence, plus 33 days? If so, then the other side have until 1st January 2017? Happy New Year?? :tinysmile_hmm_t2:

The woman at the Court told me to give them a call just after the 33 days were up to check on an update, however I should hear directly from the other side before this date if they are going to respond, otherwise the case is 'stayed'.

Does this all sound correct to you guys? Thanks!

p.s I still haven't received any correspondence from Lowell or BW Legal since they received my CCA and CPR requests on 3rd November - I have proof of postage and can see that it was signed for on 3rd by both Lowell and BW Legal.

[charitynjw]

Re: Lowell Claim Form

Okay, so a quick update...

I submitted my defence online on 28th November and I called the Court the following day and they confirmed that it had been received. They told me to sit tight and that my defence would be sent to the other side so that they can respond - the woman told me that they have 33 days to reply.

So would that be 29th November, when Court received my defence, plus 33 days? If so, then the other side have until 1st January 2017? Happy New Year?? :tinysmile_hmm_t2:

The woman at the Court told me to give them a call just after the 33 days were up to check on an update, however I should hear directly from the other side before this date if they are going to respond, otherwise the case is 'stayed'.

Does this all sound correct to you guys? Thanks!
Sounds about par for the course.

p.s I still haven't received any correspondence from Lowell or BW Legal since they received my CCA and CPR requests on 3rd November - I have proof of postage and can see that it was signed for on 3rd by both Lowell and BW Legal.
Again, a fairly common scenario.
There are several possibilities, but the best thing to do at this stage is sit on your hands & see which way they jump.
You could turn it into an Xmas party game.......the best (or most absurd, even) answer wins a turkey sarnie!
Btw, it is also fairly common at this stage for them to offer you a discount. If you did decide to negotiate, it's probably best to do so on a 'Without Prejudice' basis, not admitting liability but giving them a token payment if they will formally discontinue this irritating claim & stop bothering you, that sort of thing.

####

[lillman]

Re: Lowell Claim Form

Hi all,

I woke up this morning, on Christmas Eve, to a letter from BW Legal...

They did not acknowledge my letter from 3rd
November with my CPR or CCA request, the letter simply says:

-----------

Dear Sir,

We write with reference to the above matter.

Our client intends to continue with the claim.

We have filed notice of our client's intention to proceed with the court.

-------------

So they haven't provided me with the information I have requested or even acknowledged my letter?

Can anyone please give advice on what this means and what I should do next?

Many thanks, and Merry Christmas to all!

[nemesis45]

Re: Lowell Claim Form

- - - Updated - - -

Merry Christmas:tree:

BW and its client will keep pushing this even without the documents to backup the claim in the hope you will give up and pay.

nem:santa_wink:

[lillman]

Re: Lowell Claim Form

Thanks Nem.

What do I need to do next? BW had until 1st January to respond, which technically they have?

Also, does the letter I received this morning mean they have no documents? Would they have told me or sent me the documents I requested if they had them?

I'm not backing down, intimidation isn't going to work with me! :-)

Merry Christmas to you and your family!

[nemesis45]

Re: Lowell Claim Form

Thanks Nem.

What do I need to do next? BW had until 1st January to respond, which technically they have?

Also, does the letter I received this morning mean they have no documents? Would they have told me or sent me the documents I requested if they had them?

I'm not backing down, intimidation isn't going to work with me! :-)

Merry Christmas to you and your family!

Thank you!!

As long as the CCA request is not complied with they cannot enforce the debt via the courts.

It is as you say intimidation and many people will give up at this point so well done you for sticking with it.

nem:santa_wink:

[lillman]

Re: Lowell Claim Form

Thanks Nem, these people think they are above the law!

Based on what you said, shall I just contact the Court in the first week of January (after the 1st Jan deadline) and ask them for an update on the case and let them know the CCA request hasn't been complied with?

Assuming BW don't provide me with the documents before then, will the case become "stayed"?

Sorry for all of the questions, I just want to know I'm doing everything right! :-)

[nemesis45]

Re: Lowell Claim Form

Thanks Nem, these people think they are above the law!

Based on what you said, shall I just contact the Court in the first week of January (after the 1st Jan deadline) and ask them for an update on the case and let them know the CCA request hasn't been complied with?

Assuming BW don't provide me with the documents before then, will the case become "stayed"?

Sorry for all of the questions, I just want to know I'm doing everything right! :-)

No problem with questions ask as many as you like!

I suspect you now get the next set of papers from the court early January. BW says it has informed the court that Lowell intends to go forward with the claim so it will not be stayed but remains unenforceable without the agreement.

nem

[lillman]

Re: Lowell Claim Form

Great, thanks for your help Nem, I'll sit and wait for the next chapter!

Have a great Christmas and New Year!

[nemesis45]

Re: Lowell Claim Form

Great, thanks for your help Nem, I'll sit and wait for the next chapter!

Have a great Christmas and New Year!

Thank you!! Best Wishes nem:tree:

[lillman]

Re: Lowell Claim Form

Hi all,

Happy New Year to you!

I contacted the Court earlier today and asked about the status of the claim and, despite having still not received a response from my CCA/CPR request, the claimant has told the Court that they wish to continue with the claim - as per the letter they sent me dated 23rd December, which I mentioned in an earlier post on this thread.

The Court have just emailed me a N180 Direction's Questionnaire - please could someone give me some advice on how best to complete this? I have until 16th January to return it.

Many thanks!

[nemesis45]

Re: Lowell Claim Form

Hi all,

Happy New Year to you!

I contacted the Court earlier today and asked about the status of the claim and, despite having still not received a response from my CCA/CPR request, the claimant has told the Court that they wish to continue with the claim - as per the letter they sent me dated 23rd December, which I mentioned in an earlier post on this thread.

The Court have just emailed me a N180 Direction's Questionnaire - please could someone give me some advice on how best to complete this? I have until 16th January to return it.

Many thanks!

Post your question (s) that you are not sure of and we will go through the DQ with you.

nem

[lillman]

Re: Lowell Claim Form

Hi Nem,

I understand that this questionnaire is to check on whether mediation is an option, however as I'm disputing this claim fully then surely mediation isn't a viable option?

On that basis, the first question on the form is "Do you agree to this case being referred to the Small Claims Mediation Service?" - I assume I would answer this with no, as I'm disputing the claim fully?

Do I agree that the small claims track is the appropriate track for this case? As the claim is under £10,000 then I assume the answer would be yes?

Under the part about the hearing, it asks which County Court hearing centre that I would prefer the hearing to take place - does it have to be at the Court where I received the claim form from or can I request a local Court to me?

Thanks!

[MIKE770]

Re: Lowell Claim Form

answer YES always mediation shows willingness to save court time

Yes

your local court

[nemesis45]

Re: Lowell Claim Form

Hi Nem,

I understand that this questionnaire is to check on whether mediation is an option, however as I'm disputing this claim fully then surely mediation isn't a viable option?

On that basis, the first question on the form is "Do you agree to this case being referred to the Small Claims Mediation Service?" - I assume I would answer this with no, as I'm disputing the claim fully?

Do I agree that the small claims track is the appropriate track for this case? As the claim is under £10,000 then I assume the answer would be yes?

Under the part about the hearing, it asks which County Court hearing centre that I would prefer the hearing to take place - does it have to be at the Court where I received the claim form from or can I request a local Court to me?

Thanks!

Yes to SCT .
Mediation: The courts expect the parties to a claim to try to reach a remedy without recourse to a hearing, but if your sure of your defence decline.

Your nearest County Court to your home if you state that the court will allocate the claim to the appropriate court.

nem