** STAYED ** Lowells takes me to court

[Leedslady]

Re: Lowells takes me to court

Hi,

Did you make a formal request for a copy of the provident agreement (CCA request) with the £1 statutory fee? Important!
Is this alleged debt on your credit reference files? You can check Noddle and Clear Score free online.

nem

I can't see anything on my report I've just been clear score

[Diana M]

Re: Lowells takes me to court

I can't see anything on my report I've just been clear score

That could be for one of two reasons (maybe more).

Firstly, it could indicate that the account was defaulted more than six years ago so the whole file entry has been removed.

Or secondly, this claim may be for the account held by your ex-husband as you suggested, but I'm not overly optimistic of that possibility if they've got your whole name correct on the claim form (have they?).

When did you last pay anything towards this debt (assuming it is your old account) in case it could be SB? I see you were arguing with Provident in 2014 so when did you open the account?

Di

[Diana M]

Re: Lowells takes me to court

Also as I asked earlier what was the basis of your Defence in case you need to amend it?

Sorry to keep repeating myself but it's important to know what you said in your Defence now that matters have reached the DQ stage.

The court will be closed for the Christmas holidays from Friday so deadlines for dealing with legal stuff become tight.

You obviously haven't pleaded non-compliance with your s.78 -79 CCA Request since you haven't sent one, and you wouldn't have referred to non-compliance with a CPR 31.14 Request because you haven't sent that either.

So what did you put in your Defence?

I'm asking because if the Claimant's solicitors feel you've filed a Defence with no hope of success they could decide to go for a Summary Judgment to get it struck out. I do hope not but you need to be aware of all possible manoeuvres available to the other side so you can hopefully head them off at the pass

Di

[Leedslady]

Re: Lowells takes me to court

Morning
I havnt paid anything for years as I didn't think I owed anything my defence is I don't think the debt is mine I have sent the courts the letter I have sent asking for proof etc,
I have got the letter template all ready to send just need a postal order from post office which I will get today and send via recorded mail I will also send a copy to the courts

[charitynjw]

Re: Lowells takes me to court

Hi

No need to send a CCA request (or copy) to the court.
Just send to Lowells.

[Leedslady]

Re: Lowells takes me to court

#

The CCA request to Lowell +£1 statutory fee use signed for post

nem

Everything has gone in the post today first class signed with proof of postage

Thank your for your help really appreciate it I'll just have to see what happens now still nothing from the courts into today's post

[Leedslady]

Re: Lowells takes me to court

Morning Nem
I still havnt heard anything from the courts is this normal practise ? Also i sent the letter asking lowells for the agreement with the £1 po as you told me on the 19th dec and had anything bk from them either im not surebhow all this works so do i just keep waiting thanks

[nemesis45]

Re: Lowells takes me to court

Everything has gone in the post today first class signed with proof of postage

Thank your for your help really appreciate it I'll just have to see what happens now still nothing from the courts into today's post

Hi, It would be a good idea to check with the court on Monday to see if anything has been done.

It is possible that the claim is stayed (suspended) because the claimant has not responded to your defence.

They have not complied with the CCA request so the debt remains unenforceable until the produce the agreement or an compliant reconstituted one.

nem

[Leedslady]

Re: Lowells takes me to court

Hi, It would be a good idea to check with the court on Monday to see if anything has been done.

It is possible that the claim is stayed (suspended) because the claimant has not responded to your defence.

They have not complied with the CCA request so the debt remains unenforceable until the produce the agreement or an compliant reconstituted one.

nem

I will ring court monday so if uts stayed what doesvthat mean its is it all finished with?

[nemesis45]

Re: Lowells takes me to court

I will ring court monday so if uts stayed what doesvthat mean its is it all finished with?

Unfortunately not, a stay is just a suspension of the claim and claimant can at anytime pay a fee to restart the claim.

nem

[Leedslady]

Re: Lowells takes me to court

[QUOTE=nemesis45;708706]Unfortunately not, a stay is just a suspension of the claim and claimant can at anytime pay a fee to restart the claim.

Oooooo thought it might all be finished with thank you for all your help nem I will ring court tomorrow

[nemesis45]

Re: Lowells takes me to court

[QUOTE=Leedslady;708733]

Unfortunately not, a stay is just a suspension of the claim and claimant can at anytime pay a fee to restart the claim.

Oooooo thought it might all be finished with thank you for all your help nem I will ring court tomorrow

Please let us know what you find out!

nem

[Leedslady]

Re: Lowells takes me to court

[QUOTE=nemesis45;708748]

Please let us know what you find out!

nem

Will do thank you

[Leedslady]

Re: Lowells takes me to court

Unfortunately not, a stay is just a suspension of the claim and claimant can at anytime pay a fee to restart the claim.

nem

Morning Nem
I have rung the court and lowells have not replied to the defence they had till the 18th dec so the case is now "stayed" and they have to apply to the judge if the wish to continue so hopefully this is the end of the stress

[nemesis45]

Re: Lowells takes me to court

Morning Nem
I have rung the court and lowells have not replied to the defence they had till the 18th dec so the case is now "stayed" and they have to apply to the judge if the wish to continue so hopefully this is the end of the stress

That's some good news!!

Unfortunately whilst the stay stops the current pursuit the claimant can at any time pay a fee to restart the process just as we have seen in another thread currently where the claimant has retrieved some document after 2 years and restarted the claim.

If the stay becomes prolonged then write to the solicitors " inviting " them to discontinue the claim as they have no reasonable prospect of success,
otherwise you will make an application to have the claim struck out at their cost.

nem