Thanks 09 August 2017

Sorry the date of the hearing is 6 September 2017

That's the part about the feed i was talking about in my other post, but ive just noticed: you will also be liable for the costs which the defendant has incurred. What i meant in my last post was, will i be notified if lowell pay the trial fee of 335.00 or will they only let me know if they don't pay it by the required date.

Thanks ill have a look around on what to do about the witness statement I didn’t see anything from Andy mentioning claimant or fees. Regarding the hearing, as it seems that it will only go ahead if Lowell pay the fee (they would be silly paying the fee when they haven’t complied with any requests) will I get a letter from the court if/when they pay the fee or would they only write to be if they don’t pay the fee by the required time? I've been doing a little bit of reading (ive still got loads more to read) from what i gather a witness statement is me saying that ive never had or signed any account agreements with lowell and they have failed to comply with the cca/cpr requests. only in better words...ha Am i on the right track ?

Sorry it’s the first one I’ve had…hehehe I’ll do the jpeg in future It’s a good job I posted it up, I thought it was now just a case of waiting to see if Lowell paid the fee then if they did I would then be required to attend the hearing. what documents do I need to send off to the court as my defence was already uploaded? Also there mention of me having to pay the court fees, is this only if I should lose the case? Thanks again for all the help guys

I've received another letter from the court. I'm copy and pasting it from some OCR software so there may be a few missed spelled words: The following Directions apply to this Claim: 6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 7) The original documents must be brought to the hearing. 8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order. 9) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves). 10)Witness statements must: a)Start with the name of the case and the claim number; b)State the full name and address of the witness; c)Set out the witness's evidence clearly in numbered paragraphs on numbered pages; d)End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that effect); and e)be signed by the witness and dated. 11) If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter is available. 12)The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above. 13) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary. 14)Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. The hearing of the claim will take place at XXXXXXXXX at the County Court at XXXXXXXXXXX and should take no longer than 2 hours. ( (The trial fee is fee 2.1 in the current Civil Fees Order). If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out. If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee or application for help with fees. Information and leaflets explaining more about how to pay a court fee or how to apply for a help with fees are available from the court office or online at: https://www.gov.uk/court-fees-what-they-are Further information relating to Mediation of small claims are available from the court office or online at: http:// hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=4454 The trial fee is non refundable. If parties settle before the trial fee is due, the trial fee will not be payable. Jf a consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be payable. Please note, unless you apply for help with fees, there will be no further correspondence from the court office regarding payment of the fee or warnings as to the consequences of non payment. Notice of Allocation to the Small Claims Track (Hearing) District Judge Bell has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track. Warning: you must comply with the terms imposed upon you by this order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires. Unless the claimant does by 4.00pm on the X August 2017 pay to the court the trial fee of 335.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from X August 2017 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. 1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted. 2) The claim will be heard at on a date and at a tune which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves the right to change the place and/or time of the hearing. 3) From the available papers, it is estimated that the hearing will take two hours. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately. 4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled. 5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

thanks guys I just thought that meant that the judge was going to look at it and then let us all know when we will need to attend court.

I'm guessing that will just be setting a court date?

Jut thought i would give another update as its been a while. I received another letter from the courts about a week ago, it reads: To all parties The Small Claims Mediation Team has arranged for your case to be transferred. If you have arranged mediation please continue to follow all instructions received as appointment will still take place. If you have not been advised of an appointment, the team have unfortunately been unable to arrange mediation at this time. This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in notice of allocation. If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.

I still haven't heard anything else from Lowell so they are probably just waiting for the 28 days to pass so the court will allocate it to a court hearing

That's what i thought (and read). So it seems now its just a wait for the 28 days to pass so it then gets looked at by the court. Is it at this point they look at my defence or do they only look at that at the hearing?

Just another update.... I had a call from mediation today (very nice man) to arrange a date for mediation. He started the call by saying., "before i go any further, need to know that you have all the documents you need for mediation". I told him that i still haven't had anything back from Lowell from my CCA and CPR 31:14 requests. While stating that he must remain unbiased he really seemed to not like Lowell....hehehe He said this is a common occurrence with Lowell and that i should send Lowell a reminder letter to cover myself. He also said that sometime Lowell will leave it to the last week or so before popping up with an agreement as they know that there would be no time to arrange any mediation at that point. According to him the case now has 28 days from the date the questionnaire was submitted, after that it will be sent over to the court to look at and decide where we go from there.

Ok ill just send one off to the solicitor and one to the court. the only reason i thought i should send one off to the claimant was because the form said "and serve copies on all other parties" and the claimant was at the top of the page. That's the form ive filled in as it allowed me to just type in my name instead of actually signing it.

oh ok thanks I've managed to download an interactive Directions Questionnaire from the .gov website so i wont need to physically sign it as i can just type it in. I've printed two copies off ready to send but now I'm thinking that maybe i should have done three copies. one for the court, one for the claimant and one for the solicitors.

Sorry if this is a silly question but what is "free POP"? And do I need to send s covering letter with them?

Thanks again Just one more thing (well two things) Should I send it them both recorded delivery? And do I need to add a covering letter of some sort?

I'm just about to fill in the directions questionnaire. Is this right: Do you agree to this case being referred to the Small Claims Mediation Service? Yes Do you agree that the small claims track is the appropriate track for this case? Yes Hearing venue Ill need you look up where my nearest court is. Expert evidence Are you asking for the court’s permission to use the written evidence of an expert? No Witnesses How many including yourself, will give evidence on your behalf at the hearing? 1 Hearing Are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing? Now what do i do about the signature as we are always told not to sign anything, i ask because I'm also required to send a copy of this to Lowell? There's also a separate sheet of paper with the heading “Would you like to settle your case without going to a court hearing?” It then says “Please consider the following statements": For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this? From what I've been reading i answer YES. I can confirm that i have enough information about the claim, to allow me to enter into negotiations. I'm guessing i would answer NO to this as they still haven't complied with the CCA and CPR requests? Does this all sound about right?

Sorry i think i was focusing too much on the mediation. I've been doing a bit of reading and it seems that the mediation is just someone calling you to see if im willing to make a settlement. Not sure if i should go for the mediation or not? Then either way it would then go to a hearing where the court would finally get around to reading my defence. Would i need to attend a hearing? Thanks again as always

Sorry i didn't see that someone had replied. i've still got a long way to go I've received a "notice of Proposed Allocation to the Small Claims Track" from the court. It reads: Important Notice If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement. TAKE NOTICE THAT 1. This is now a defended claim. The defendant has filed a defence, 2. It appears that this case is suitable for allocation to small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why. 3. You must by 20 March 2017 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. It then has some paperwork stapled to it titled "Directions questionnaire (Small Claims Track). Does this mean that i will be required to attend court?

Really, You wouldn't think they would be allowed to say " Directions Questionnaire which we have now lodged with the Court" you would think it would be worded more in the way that they have filled in the questionnaire and they will submit it if we fail to resolve it by me calling them. Reading their form, it seems that its really asking when i would be able to attend a hearing. if i was to fill in the questionnaire (IF i get one) the court will then read my defence and hopefully close it down in my favour without us having to attend any hearing? Thanks again both of you for all your help

I've received a letter from Lowell Solicitors. It reads: Dear xx xxxx We refer to the matter shown at the side of this page. Please find enclosed a copy of the Directions Questionnaire which we have now lodged with the Court. You will shortly receive a copy of the same directly from the Court for completion and return. The Court will use the information contained in both our copy and yours to make a decisions about how the case should proceed. There is also attached a copy of the questionnaire they have filled in. It seems like all the CCA Requests, CPR 31.14 and defence has fallen on deaf ears

Thanks again guys

HUGE thanks to Andy and dx100uk I have now submitted my defence. Lets see what they come up with. Just a quick question... Is there any links to the full process on what goes on at the courts from a defendants side. I've been reading a lot and everything seems to show the process from a claimants point of view. What I'm trying to find out is what goes on at the courts end once we submit our defence before 4pm.

it would read like this: The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have in the past had an agreement with Shop Direct but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer crediticon Act 1974 2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)……….

I thought that it was too generic and why you was saying to leave it out....lol So it would read like this: 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Shop Direct but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer credit Act 1974 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974. 4. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)……….