Lowell/Lloyds TSB/BW Legal

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Not impressed by them being allowed more time - the time they already had was more than adequate and the court should be following post Mitchell CPR and striking out here and now

[Pinkcat]

Re: Lowell/Lloyds TSB/BW Legal

I agree ncf, I am in the same predicament - BW have had since February to produce my docs and then the DJ allows them a further 42, yes, 42 days to produce. This really needs looking in to :tinysmile_cry_t:

[Pinkcat]

Re: Lowell/Lloyds TSB/BW Legal

any news bigsis?

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi Pinkcat

Just returned from a week away, heard nothing so far, my son will ring court tomorrow for update and I will let you know, fingers crossed!

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Update:

Great news, Lowell have not sent in documents as requested by 27/6/14, so therefore it will be struck out. Court will send out letter to confirm.

Could someone let me know if there is anything we need to do at this stage?

Can we claim back the £80 for hearing and other expenses? Also can a 'struck out' case be restarted by Lowell if they should produce documents in the future and is there a time constraint on that?

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

Update:

Great news, Lowell have not sent in documents as requested by 27/6/14, so therefore it will be struck out. Court will send out letter to confirm.

Could someone let me know if there is anything we need to do at this stage?

Can we claim back the £80 for hearing and other expenses? Also can a 'struck out' case be restarted by Lowell if they should produce documents in the future and is there a time constraint on that?

Regarding bringing a new claim have a read of this article
http://www.hardwicke.co.uk/insights/...from-sanctions


You shouldn't need to do anything

Once it is struck out you can write to the Claimants and ask for the wasted costs.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi Amethyst, that's reassuring.

I'll let you know when we get confirmation of strike out and your advise on how to word letter to Claimants for expenses.

Many thanks for your continued help x

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

:okay:

M1

[Pinkcat]

Re: Lowell/Lloyds TSB/BW Legal

Thats great Bigsis, really pleased for you and your son xx

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Thanks Pinkcat, it's a relief it's over. How are things with you, are the 42days up yet? Hopefully you'll get the same outcome. Good luck xx

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi Amethyst,

We had confirmation from the court yesterday that the claim was struck out.

Judge made no directions at hearing about costs, how do we word letter to Lowell about recovering costs? How much should we claim, obviously £80 for cost of hearing, is there anything else we can claim? Also mindful that we don't want to
do anything that might open up the whole thing again.

Would appreciate your advise x

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

bump