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backdoor lowells CCJ - LLLoyds Loan - poss already SBd - set aside judgement adjourned


bradz1711
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Thanks for your replies and advice Andy, it's very much appreciated. Hopefully they won't comply within the time and I will apply for the unless order. If they did discontinue would they inform me or the court or both? Apologies for the what ifs, just trying to comprehend what it means and to set my mind at rest a little.

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Thanks for your replies and advice Andy, it's very much appreciated. Hopefully they won't comply within the time and I will apply for the unless order. If they did discontinue would they inform me or the court or both? Both you have the option to decline the discontinuence if you feel the strikeout is more appropiate Apologies for the what ifs, just trying to comprehend what it means and to set my mind at rest a little.

 

Wish you well

 

Regards

 

Andy

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  • 2 weeks later...

Even more confused today, have been told by someone that when the dj wrote

(Standard small claims directions do apply save that the claimant do provide the defendant with copies of all evidence it seeks to rely upon at the final hearing within 21 days of recieving this notice that the claim has been allocated to the small claim track) that all he meant was evidence that the claimant intend to use and not the evidence I want to defend myself.

Any ideas, I have been searching internet fot the meaning but cant find it, why cant they just talk in a language that we can comprehend?

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  • 2 weeks later...

Well the 21 days is almost up, don't think it will come in the post tomorrow with the strike, and no documents recieved from claimant. Am in process of applying for an unless order which I will hand deliver to the court tomorrow. Just spoke to the solicitor who was dealing with my case (I needed some information about dates that they had claimed that I paid money to them) and he said might be best to contact the court and instead of applying for unless order ask them if they will grant one or strike the claim out using the courts own powers (cpr 3.1). He said mention that due to the short period of time left until the small claims track hearing that they may agree. Any thoughts, advice very much appreciated and if this is a possibility is there a certain procedure to follow?.

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Well today was the deadline for them to supply me with the copies of evidence that the Judge ordered them to do within 21 days of the allocation to Small Claims Track. I have had a look at the sticky about allocation questionaires and would be greatful if someone with experience could help me with the next step. Do I send them an allocation questionaire or do I contact the court and ask for an Unless order and the the claim to be struck out. I am thinking the latter is the best way forward but advice on the best way to go would be very much appreciated. Thanks Bradz.

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O.k After working out my finances it looks like I will not have £75 available to pay the fee for an Unless order N244. I am considering writing a letter to the court manager explaining that the claimant has failed to comply with the courts orders. I will state that I feel the claimant is not only predjudicing my ability to put in a defence but also they are wasting court time and money. Am drafting the letter today, could anyone who has experience in sending a letter rather than an N244 please let me know whether they were sucessful of whether it was the wrong way to go?

Thanks

Bradz

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Hi Bradz

 

May be worth a simple phone call to the CC dealing with your case and explain your predicament and difficulty in submitting the N244.In reality the Court could make its own decision and issue it due to your circumstances.

The alternative is to request the Unless without an hearing which would only set you back £40.00, just a thought but worth a go.

 

Best of luck

 

Regards

 

Andy

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Just spoke to a lady from the court and she suggested that I write to the Court manager and explain the situation, dunno whether to ask CM to use courts own powers or whether that would be wrong

Bradz

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Bradz

 

Can you type up or post (less personal) the last order recieved i need to read it word for word.

 

 

Andy

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Thanks Bradz

 

Couple of questions:-

 

Its dated the 23rd Feb 2009

Did you submit a defence within 14 days?

The Claimant had 21 days from 23rd feb to disclose evidence it relied upon?

Nothing recieved since this order?

 

 

Andy

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I had a solicitor acting or me at the time, he contacted the court and told them that they already had my defence. I got another ordrr from the court as below.

orderowninititiative.jpg

 

My solicitor (who no longer acts for me) wrote to the court pointing out that my defence was already filed in the agreed terms from the original hearing and he also sent a copy of my defence as well. I have heard nothing from the claimant since Oct 2008 when they offered me the deal the day before the set aside hearing which I rejected. Have no idea whats going on but I know the charging order was removed and they agreed with me having the judgement set aside. Since the order that I have posted I have only heard from the court once and that was the small claims allocation notice on the 8th of October this year. I was assuming that the way it is worded meant that they had 21 days from recieving the allocation to small claims (8th October) that they had to send me the documents. It's very confusing. The only thing that lowell sent was threatening letters and a copy of some alleged payments to agents. They claimed I made a payment in august 2002, I have my bank statements for the whole of 2002 up till September and there are no payments to anyone that relate to the ammount that they claim either by card or cheque and I have never had a doorstep collector call on me. Sorry if complicating things but it's begininning to p**s me off a bit now,

Thanks

Bradz

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I would just draft a letter as per the Courts advise to the Case Managers explaining the above and ask them to Strike Out of its own accord.Utter nonsense

 

Regards

 

Andy

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Excellent Bradz

 

Hopefully this will conclude this nonsense for you, I wish you all the best with the outcome.

 

Regards

 

Andy

We could do with some help from you.

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