Set Aside Telephone Hearing

[pt2537]

Re: Set Aside Telephone Hearing

Do not send that application!!

Have you filed a Defence to this claim?

Was your Defence that the Claim is barred by limitation?

[ncf355]

Re: Set Aside Telephone Hearing

Mat

Listen to PT - he knows the way it works

PT - a Defence has been filed, see previous posts in thread

[ncf355]

Re: Set Aside Telephone Hearing

PT -are you going along the lines of better to proceed and get the SoL declared by the court then?

[matmidgley]

Re: Set Aside Telephone Hearing

lucky i refreshed and noticed there was a 4th page
Yeh i filed the defence from post #50

[matmidgley]

Re: Set Aside Telephone Hearing

although the 1st part was slightly altered to add in info about the account being closed

1) The Defendant states that as the Claimant has previously confirmed in writing (see attached copy at Annex A) that the alleged debt is statute barred, account closed and the balance £0 owed, he believes that the Claimant's claim should be struck out as having no chance of success and therefore a waste of court time.

[pt2537]

Re: Set Aside Telephone Hearing

ok so first limb of the Defence is that the debt is barred by limitation. Do you know when you last paid the debt or last acknowledge it?

The reason i ask is the Court ought to be invited to deal with this at the application first and foremost. The application you are lodging is premature and would not be my suggestion for sure.

"1) An order (a draft of which is attached) that the Claimants claim is struck out pursuant to CPR rule 3.4(2)(a) or (b) as the Claimants claim discloses no reasonable grounds for bringing the claim and is an abuse of the process as limitation had expired before the Claim was issued.

2) The Claimant shall pay the Defendants costs of this application to be assessed if not agreed.

3) Further directions as necessary"

The above is what i would put in the box 3 on the N244.

I would not run with the little evidence box on the N244 either, instead i would put a witness statement in support of the application too.

Furthermore, the Court is not going to strike out the claim without hearing you, you will have to attend, and if the Court did strike them out without a hearing then im pretty sure the Claimant would have a nailed on appeal point, the Claimant has the right to a fair trial too, they have the right to be heard as much as the Defendant so i would expect them to oppose vigorously any application without hearing.


It seems to me that would be the way forward. The Claim struck out under 3.4(2)(a) or (b) and then in your witness statement you would dealt with the limitation point etc, and then set out that you had asked for docs, if the Court doesnt strike them out, and that the Claimant has not provided the requested documentation, and therefore invite the Court to make an order for disclosure.

thats my thoughts

[matmidgley]

Re: Set Aside Telephone Hearing

I know I never made a payment and ignored it after using the card the day I got it. I know the account was opened in april 2004 other than that I have no info, I have never made a payment or acknowledged it.

Is it best to just let this run?
As I have said before they ignore everything I send them, they failed to arrange 2 telephone hearings for the set aside, they dont reply to letters and I cannot see them paying the fee for the hearing as Lowell have instructed them to cease action on my account.

[ncf355]

Re: Set Aside Telephone Hearing

Good stuff, thanks for the input on here PT

[pt2537]

Re: Set Aside Telephone Hearing

I know I never made a payment and ignored it after using the card the day I got it. I know the account was opened in april 2004 other than that I have no info, I have never made a payment or acknowledged it.

Is it best to just let this run?
As I have said before they ignore everything I send them, they failed to arrange 2 telephone hearings for the set aside, they dont reply to letters and I cannot see them paying the fee for the hearing as Lowell have instructed them to cease action on my account.

Hang on? Lowell instructed carters to cease? how do you know?

Lets not forget the liability for costs orders rests with the Claimant not his solicitor, if Lowells are telling you they are no longer instructing carters then its lowells who you should be speaking with surely?

[matmidgley]

Re: Set Aside Telephone Hearing

Hang on? Lowell instructed carters to cease? how do you know?

back when i first made my set aside application, I phoned them (22/02/2013)as I had to give them my phone number in this telephone call I was told by BC that Lowell had instructed them to cease chasing the debt in OCT 2011 (a month after I received the letter saying it was statute barred from lowell)
They also said they would call me back the next working day (tey did not), and this was the only time I have spoke with them.

Lets not forget the liability for costs orders rests with the Claimant not his solicitor, if Lowells are telling you they are no longer instructing carters then its lowells who you should be speaking with surely?

BC are on the court papers, and the court is also forwarding the copies to BC, and Lowells say I have no Account with them as its closed.

[pt2537]

Re: Set Aside Telephone Hearing

back when i first made my set aside application, I phoned them (22/02/2013)as I had to give them my phone number in this telephone call I was told by BC that Lowell had instructed them to cease chasing the debt in OCT 2011 (a month after I received the letter saying it was statute barred from lowell)
They also said they would call me back the next working day (tey did not), and this was the only time I have spoke with them.




BC are on the court papers, and the court is also forwarding the copies to BC, and Lowells say I have no Account with them as its closed.

who is the claimant on the Court papers?

It should be Lowells, and then in the box below it should have carters? being the address for service?

[matmidgley]

Re: Set Aside Telephone Hearing

yeah Claimant Lowells and Solicitor BC

[pt2537]

Re: Set Aside Telephone Hearing

ok then

If lowells have told carter not to act, then its unsurprising carters are not answering, did lowells put in writing to you that they were withdrawing their instructions from carters? did lowells write to you before the claim was issued or afterwards?

It may well be that a quick call to lowells may get the case closed off, especially if they are of the view that they have told carters to drop it

[matmidgley]

Re: Set Aside Telephone Hearing

No i dont have it in writing only from the conversation.
lowells wrote to me sep/2011 told BC to stop OCT/2011 the CCJ was granted in Aug/2010 with the claim started in July/2010

[matmidgley]

Re: Set Aside Telephone Hearing

confused yet?
Lowells dont know me and BC doesnt want me