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stihl2015

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About stihl2015

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  1. Update Update..... not that it matters....... Spoke to the court today after waiting in the call Queue for what seemed like forever.. .. I was advised that the court had received a copy of Lowell's DQ also but could not act on it as they had not sent it out and the claim has and still is STAYED!!!!! no fees have been paid to lift the stay or requests to lift the stay... The guy at the court did say that this has been happening a lot from Lowell's over last couple of weeks... He also stated that a letter had been sent to Lowell's stating the claim was and still is stayed, and any further action would need a Judges authority.. Nice try Lowell.....
  2. Update....... its been a couple of days since receiving the "we have filed our DQ with the court" letter from Lowell.... . Still no sign of my DQ from the courts themselves yet!!!! Been working away so unable to call the courts to confirm whether or not Lowells letter is legit or not. Will ring the court first thing Monday. After reading several other threads regarding Lowell this seems to be their new tactic to try and fleece people...
  3. Cheeky Feckers..... I had read a recent post where they appeared to of done this to others
  4. Update Time..... Its seems Lowell Solicitors are trying their luck.... Back story.. Defence filed 30/10/2016.... defend all. Confirmed via MCOL 31/10/2016. No response from Claimant regarding defence. No paper response from Northampton regarding defence. 85 days later I get a letter from Lowell stating that they have lodged a directions questionnaire with Northampton and that I should be receiving one soon from Northampton to file as directed... Funny thing I find is that how come the claimants solicitor can receive and file a DQ before the defendant has even received one?? surely the court issues these DQ's Also on the Claimants copy of the DQ they have stated that there will be no witness's available for claimant for the hearing (if it goes that far haha) whole thing sounds like a crock o poo to me.. a couple days wait to see if anything turns up from Northampton then if nothing a quick call to the court to confirm the claim is stayed and no fee paid to lift stay...
  5. I did chuckle when I read the solicitors letter stating they had put the matter on hold..... The Defence acknowledgement letter states that the claimant has 28 days after receiving the defence to decide to proceed or not, what would count as day 1? I would of thought it would be the day I filed my defence?
  6. Time for a little update..... Defence filed 19/12/2016 Defence Acknowledged by Court letter dated 19/12/2016 received 21/12/2016 Letter dated 07/12/2016 received from Cabot referencing the CCA request I made on 28/11/2016, they acknowledge they do not have the information I require on file and have requested all information from the original creditor. They go onto acknowledge that the 12 day limit before the agreement becomes temporarily unenforceable, then go on to say that they anticipate that they cannot provide the information within 12 days but hope to provide it within 40 days.. Letter dated 30/12/2016 received from claimants solicitors Mortimer Clarke stating my defence of 19/12/2016 has been received and they are taking their clients instructions. and the meantime the matter has been put on hold... so there's a condensed update
  7. DX.... I have read and re-read this thread many a time, and I was already enjoying my life before Lowlife interjected themselves into my life.....and all this doesn't stop me asking a question!!!!!! Thanks to all of you for your advice/comments
  8. good luck in them trying its been 58 days since I filed my defence
  9. I found out for myself that the courts were closed as I tried ringing today.... the cheek of it!!!! how dare they have time off over Christmas.... I have to ask as my mind is getting my nerves today.. . Surely if I have filed a defence with MCOL then it has to have been served on the claimant??
  10. my mind runs away with me from time to time and over Christmas I got to thinking about Lowlife and Lowlife solicitors.. I am a bit concerned that I haven't even received a paper confirmation that my defence has been served upon the claimant. is this normal??? I know its way over 28 days since I filed my defence and I haven't heard a whisper.... Thanks in advance
  11. Thanks for the response, the reason I asked was because I filed a defence for another being made against me, it was filed on MCOL and received the following morning as per MCOL.. . I have never received an acknowledgement from NCCBC that the defence has been served upon the claimant.. and what would happen if no response in 28 days from the claimant...
  12. Defence filed and received on the MCOL website today, with one day to spare.... just in case of hiccups. One query I do have, although the MCOL website says the defence has been filed, then an update of received a bit later on in the day... Does the court send out paper confirmations??......
  13. Thanks for the responses received so far, its now time to rev up the defence and get it filed before the close of play Tuesday 20th if I've got my calculations right.... here's what I have POC... By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant.. the claimant therefor claims xxxx Defence...... 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 upon CPR r 16.5 (3) in relation to which a specific response has not been made. 2. The Defendant accepts that he has held an account with Capital One in the past. And cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a CCA section 78 request and a statement of account, sent via recorded delivery to the claimant on 29/11/2016 and received by the claimant on 30/11/2016. The claimant remains in default of this request... 3. It is denied that I failed to make payments as I am not aware of what agreement the claimant purports to rely on. I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 29/11/2016, the claimant has failed to supply any supporting documentation or a satisfactory response. 4. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement on which the claim relies upon; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right either under statute or equity to issue a claim. 6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Stihl2015
  14. Thanks again for your response.... Defence is due by the close of play Tuesday 20th but I plan on submitting it the Sunday night before... Still no response to CCA from Cabot, recent letter from Mortimer Clarke ignored.... I'm guessing a no paperwork defence will be the order of the day..... Please what is the easiest way of finding such a template to tweek to meet my claim from Cabot.. Stihl2015
  15. Hi All, I'm sorry to return but I again need a little bit of advice regarding a letter from Mortimer Clarke in relation to an alleged debt with capital one... I received a claim form from Cabot Financial via Mortimer Clarke.... Details below Claim Form Issue....18/11/2016 Received.... 21/11/2016 AOS Submitted... 29/11/2016 Defend all AOS Received... 30/11/2016 CCA request sent to Cabot...28/11/2016 CCA request received by Cabot and signed for.....30/11/2016 CPR request sent to Mortimer Clarke... 28/11/2016 CPR request received by Mortimer Clarke and signed for... 30/11/2016 POC... 1.By an agreement between capital one and the defendant on or around 01/07/2009 (the agreement) Capital one agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant.. 2.. THE CLAIMANT THEREFORE CLAIMS XXXX... As of todays date the following has happened.... 1) No response from Cabot for the CCA request 2) Mortimer Clarke responded to the CPR request with the following letter dated 01/12/2016 received 07/12/2016 Dear XXXX We acknowledge your request for documentation pursuant to CPR 31.14 We Confirm our client is willing to agree to the extension of 28 days, for you to file your defence, Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.... CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over document inspection. We will then take our clients instructions... So my question is.... Do I ignore the letter from Mortimer Clarke? reply to Mortimer Clarke with something along the lines of.... not interested in your beliefs, supply the documents requested in the CPR 31.14 request... As always your help/advice is greatly appreciated
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