Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

[Disabled on ESA]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Filed my defence as above and received letter from court dated 17 October acknowledging receipt. The letter further says " A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute can not be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform you of what will happen. where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

To date - I have not heard a thing from Mr Carter and the 28 days will be up approximately 14 November. Do I write to the court requesting that this claim be struck out and if so when should I do this?

Would really appreciate someones advice. Many thanks to Amethyst as I wouldn't have got this far without you - many thanks again.

[Amethyst]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Yes your defence is good, well done xx

So I'd give it another week after the 28 days is up, and then give the court a call to check that it has been stayed. Then you could write a letter to the court asking them to strike out the claim. We don't yet know how well that works, but the other option is to apply to have the case struck out, which has a court fee of £50 - £155 attached and possibly a hearing.

[Disabled on ESA]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Thank you Amethyst once again - really appreciate your help through this.

Will telephone the court tomorrow and follow up with a letter. Will keep you posted. Wouldn't have got this far without your help so once again - many many thanks xx

[Disabled on ESA]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Hi Amethyst - just to update you. Since filing my defence to date, I have not received a single document or any correspondence what so ever from the claimant Lowells or Brian Carter Solicitors. After chasing the court since 20 November - last date to which claimant had to continue with claim - I finally just found out today (Monday 8 December) that the case against me has been "staid" by the court. I am aware that the claimant can make an application to continue with the case but at least for now feel that I can breathe a sigh of relief before the next possible battle with them. It is all thanks to you and your advice and guidance through what has been a very stressful time for me in dealing with this - and I can't thank you enough. Am now at least looking to have some sort of decent Christmas without the worry of this over my head.

What is the probability they this will arise again from the ashes and how long have they got to do this?

As the matter has been staid - and should it remain staid - does this appear on any credit records?

Thanking you once again for all your help and guidance - I am so gratefully appreciative.

To you Amethyst - any everyone else - have a great Christmas and all the very best for 2015. xxx

[FlamingParrot]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

What is the probability they this will arise again from the ashes and how long have they got to do this?

As the matter has been staid - and should it remain staid - does this appear on any credit records?

Thanking you once again for all your help and guidance - I am so gratefully appreciative.

To you Amethyst - any everyone else - have a great Christmas and all the very best for 2015. xxx

No, only defaults and actual CCJs appear on credit records, claims do not.

Have a lovely Christmas and a Happy New Year. :w_nikolaus_187: :cancan:

[AmIpanickingfornothing]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Hi Amethyst re my posting and your response today (12 Sept 2017)

(Help. Have just returned home from 2 weeks away looking after sick father - Saturday. Returned home to a Lowell Solicitors letter dated 22/8/2017 giving 10 days to respond - I don't know when it arrived during last 2 weeks.

Having followed your advice in 2014 - re Lowell Portfolio I Ltd when they made a claim against me - I sent in my defence - the claim was "Staid" at 8/12/2014. I was informed by the court that the claimant had till 20/12/2014 to have claim lifted???

From that date December 2914 - untill I received this letter (sometime in last 2 weeks) - I have not heard a single thing from either the court or LOWELL! So this letter was totally out of the blue. The letter - from Lowell Solicitors - has the same court ref Claim Number as claim in 2014 - now refers to their judgement of 4/2/2016 for same claim. And that "they" have been instructed to issue an application for Warrant of Control and asking a bailiff to attend my home if I do not respond within 10 days.

Going by the date of the letter - my 10 days is up and haven't got a clue what direction to go in. Can anybody please advise or help as I am now in a total flap,)


Many thanks for response Amethyst. Have contacted the courts and they said that Lowell applied to proceed in 2015 and that I was sent a Questionaire. And because I failed to return it - my defence was struck out! Never have I received a questionaire as I would have dealt with it immediately and nor was I ever informed by anyone that my defence had been struck out - as again - I would have responded immediately. Court has sent me via email form N244 application for claim to be struck out. I have also filled in form for assistance with costs as I am only on Income related ESA. Will have a look through N244 App form before I fill it in - any advice on what I should be stating in it.


Many thanks

[charitynjw]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Hi

I'll give @Amethyst a nudge for you.

http://legalbeagles.info/forums/show...732#post750732

[Mabel]

Re: Urgent help please - Cap 1/Court Summons/Lowell Portfolio via Bryan Carter Sols

Hi
I got your message . Where I could advise you to make a PIP application because of your long term health difficulties .
I don't have the experience to advise you about the above .
Amethyst and other league beagles will .
Take Care
Mabel