Set Aside Telephone Hearing

[pt2537]

Re: Set Aside Telephone Hearing

Ok well i would suggest firstly contact Brian Carter Solicitors and ask them a simple question.

In light of the correspondence from Lowells telling you they have told Carters to close their file, are they still instructed to act in this matter?

If yes, then ask them to confirm why they have not replied to your correspondence and tell them if they do not reply youre going to apply

if they arent instructed then you need to ask Lowells why they are suing you, why they have not served notice of change of solicitor on you, and if they intend to discontinue the claim or fight on as you plan to make an application but if they abandon it then it will save you costs.

[pt2537]

Re: Set Aside Telephone Hearing

Just to add

I think you need to get to the bottom of who is controlling this litigation. It may be the solicitors have withdrawn but forgot to formally tell you. If that happened then it would be a headache and i would want to know urgently what the deal was.

Once you know who is running the claim, then you know who to attack with regards to the application too

[matmidgley]

Re: Set Aside Telephone Hearing

I wouldn't be surprised if they had not told me, but the court has been contacting them also.
Why would they of not told them?
Would Lowell of been notified automatically of the ccj being set aside or would this also be up to BC?
The paper work I have from the court with the order of the set aside was to have a defence in by the 11th July. And the claimant to pay £80 by august 24ish(paper work is at home) if not the hearing set for September will be removed.
So if BC is ignoring and Lowell are not interested then I assume it won't get paid and the hearing won't go ahead?

[matmidgley]

Re: Set Aside Telephone Hearing

today I finally get a letter from BC

a notice of Discontinuance

[charitynjw]

Re: Set Aside Telephone Hearing

CPR rule 27.14(2)(d) - costs for unreasonable behaviour.

Pursuing a claim which is speculative & unsupportable.
Afzal & Others v Ford Motor Company Ltd CA [1994] 4 All ER 720

[ncf355]

Re: Set Aside Telephone Hearing

today I finally get a letter from BC

a notice of Discontinuance

excellent news!


:-)