**CASE DISMISSED in court *** brian carters letter Help needed..!!

[g-man13]

Re: brian carters letter Help needed..!!

Good morning Nem,

I will ring the court tomorrow. As of Friday just gone, the hearing is listed.

How long can the claim be stayed for?

G

[nemesis45]

Re: brian carters letter Help needed..!!

[QUOTE=g-man13;643719]Good morning Nem,

I will ring the court tomorrow. As of Friday just gone, the hearing is listed.

How long can the claim be stayed for?
Indefinitely until the claimant pays a fee to lift the stay, or discontinues the claim, You can make an application to have the claim struck out (fee payable) or you can "invite" the claimant to discontinue/withdraw the claim at its cost.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Ok, thanks Nem.

I will let you know what the court says tomorrow.

Take it easy.

G

[Wingco]

Re: brian carters letter Help needed..!!

Prepare Bundle for the hearing exhibit etc. all indexed and bullet pointed so you're not caught out.

nem

I have been to Court 3 times against top London Lawyers and won largely on the basis of having a well tagged bundle with ease of access for the Judge; on 2 occasions the Judge asked the lawyer why it was possible for the defendant to do this himself when you cannot be bothered (or words to that effect). I got the impression the lawyers had shuffled papers together on the train north to Nottingham. On the 3rd occasion, the Judge almost threw the paperwork back at the lawyers and said "I haven't got the time to hunt through all of this" and promptly dismissed the case; the lawyer was on £3000 per day.
So it's great advice to organise your bundle.
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

Hi wingco

Thanks for the advice. I have indexed all of my exhibits and have copies of my defence and WS, so fingers crossed, the hearing will run as smooth as possible.
I'd be very surprised if they actually turn up! The lack of contact from lowells is laughable!
G

[Wingco]

Re: brian carters letter Help needed..!!

Hi wingco

Thanks for the advice. I have indexed all of my exhibits and have copies of my defence and WS, so fingers crossed, the hearing will run as smooth as possible.
I'd be very surprised if they actually turn up! The lack of contact from lowells is laughable!
G

Reading what you have said on here so far, I would agree wholeheartedly, but there is often an arrogance on the 'prosecution' side that defies logic; they can also afford to try it on. I wish the Courts would take a harder view of time-wasters like this.
Good luck, but I don't think you need it.
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

It is frustrating how these companies are allowed to operate the way they do!

Thank you for your comments, I hope it goes the way I expect it too, but I'm ready for a battle if they do actually show their faces!

G

[g-man13]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

ive spoken to the court and the rather rude person on the end of the telephone told me that the hearing is still listed to go ahead and that she had already emailed me this info last week..! So much for customer service ha ha!

G

[g-man13]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

It looks as though I have underestimated lowells!

They have just emailed me a copy of the account statements from lloyds and the notice of assignment. They haven't provided the 'credit agreement' but mention it in the email. No witness statement or anything else though.

What should I do next.

G

[g-man13]

Re: brian carters letter Help needed..!!

Please see WS from Lowell

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

ive spoken to the court and the rather rude person on the end of the telephone told me that the hearing is still listed to go ahead and that she had already emailed me this info last week..! So much for customer service ha ha!
,
G

emmm not a good attitude from court staff! I understand that the staff are under a great deal of pressure but politeness is free.

It may be they will pull out at the last minute or even on the day which has been seen with Lowell ex Carter claims.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Hi Nem,

have you read the WS which I have just received?

G

[nemesis45]

Re: brian carters letter Help needed..!!

[QUOTE=g-man13;644023]@nemesis45

Hi Nem,

It looks as though I have underestimated lowells!

They have just emailed me a copy of the account statements from lloyds and the notice of assignment. They haven't provided the 'credit agreement' but mention it in the email. No witness statement or anything else though.
Have you sent your WS in?? Statements and NOA;s are not enough..

nem

[g-man13]

Re: brian carters letter Help needed..!!

Yes I sent my WS in the day before the deadline. A copy to the court and one to Lowell

G

[nemesis45]

Re: brian carters letter Help needed..!!

Yes I sent my WS in the day before the deadline. A copy to the court and one to Lowell

G

So still no Agreement in sight??

nem