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Lowell Claimform - old Orange moblie ipad data 'debt'***Claim Discontinued***


2ltr16valve
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You read other threads which are slightly ahead of you and then you will know what the process is and whats coming next.

 

Knowledge is power.

 

Andy

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  • 1 month later...

Small update, received a letter from the court stating that Lowell had until 02/05/2017 to reply with their defense - nothing has been received this week, but I am concious of bank holidays we have had, would these have extended the time they had ?

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Defence?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Small update, received a letter from the court stating that Lowell had until 02/05/2017 to reply to pay trial fee - nothing has been received this week to say its been done, but I am concious of bank holidays we have had, would these have extended the time they had ?

 

The letter states -

 

"Deputy District Judge ***** has considered the statements of case and directions questionaire filed and allocated the claim to the small claims track.

Unless the claimant does by 4.00pm on the 2 May 2017 pay to the court the trial fee of £80.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for whep with fees, then the claim wil be struck out with effect from 2 may 2017 without futher 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 calims track and the parties are reffered 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 time 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 part is aware of a reason why this estimate might be substantially inaccurate, that parts 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 settle the cae or narrow the issues. The court must be informed immediately if the caes 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.

 

The following direcitons apply to this claim:

 

6) Each party must deliver to the other party and to the court office copies of all documentation on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7) The originial 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 - 13 omitted as just usual witness stuff with instructions.

 

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 the appropriate fee) to arrive within seven days of service of this Order.

 

The hearing of the claim will take place on 2 June 2017 at *********

 

(The trial fee is fee 2.1 in the current civil fees order)

 

If your calim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out. "

 

 

 

Now looking at the claim online the last thing listed was "claim transfered to (local CC) on 13/03/17

 

if they had paid the fee would it show in the list of actions ?

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Defence?

 

Sorry Dx pay the fee, was thinking of wrong claim (neighbour also received a claim from Lowell for old provident debt that was SB, been squashed now and discontinued)

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Simply ring and ask

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Monday northants

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

" Unless the claimant does by 4.00pm on the 2 May 2017 pay to the court the trial fee of £80.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for whep with fees, then the claim will be struck out with effect from 2 may 2017 without further order"

 

The claim should already be struck out

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No...you will receive a General Order stating so

We could do with some help from you.

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Dont be disheartened ...still time for them to discontinue the claim...now follow the above directions..points 6 & 9..by the dates stated

We could do with some help from you.

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I think we need to make the evidence pack now and serve on court and Lowell by Friday ?

 

Any advice on angle here ? This debt was never refused to be paid, in fact help was asked of EE for a short term payment plan which they outright refused and terminated the account - selling onto lowells !

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Next Friday...14 days pre hearing

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Surprise surprise!!

 

Letter received today -

 

We refer to the above matter.

We have been instructed by our client to discontinue the claim.

A copy of the Notice of Discontinuance filed at court is enclosed

 

Thank you for your kiind attention.

 

 

 

There is a Notice of discontinuation on the next page for all the claim.

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always the way once they see the super anyorch defence land on their desk...

 

 

dx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well done 2ltr16valve

 

Thread title amended to reflect the outcome.

 

Please consider making a donation to help us continue to help others.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 2 weeks later...
Hi all

 

Been loggin into mcol, should this show as discontinued by now ?

 

No...... never shows on MCOL the claim was Discontinued.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Would it be worthwhile going for a wasted costs order?

 

After all, it has cost you much emotionally as well as financially in defending their action.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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