Lowells / Carter claimform for LLoyds Current Account OD***Claim Discontinued***

[AndyOrch]

Mmm the fee is correct for the claim amount but the directions are wrong.

 

Hearing fees

Small Claim Track where the amount claimed is:

up to £300 £25

between £300.01 and £500 £55

between £500.01 and £1,000 £80

between £1,000.01 and £1,500 £115

between £1,500.01 and £3,000 £170

more than £3,000 £335

 

 

Did you receive a copy of the cliamants DQ?

[mhf]

I did receive a copy of their DQ and in response to A1 - Do you agree to this case being referred to the Small Claims Mediation Service - they answered Yes

[AndyOrch]

I did receive a copy of their DQ and in response to A1 - Do you agree to this case being referred to the Small Claims Mediation Service - they answered Yes

 

Excellent well there should be mediation offered within the directions....ring the court tomorrow and explain that your Notice of Allocation and Directions are someone elses (even though the claim number is correct ) they are the wrong type of directions for this type of claim.

 

You get the gist as you knew from the offset that they were wrong.

 

Regards

 

Andy

[mhf]

Thanks Andy. I will ring them and let them know...

 

Thanks for your continued support...without this site I really would be all over the place!

[mhf]

Hi Andy.

 

I got my good lady wife to ring the courts (this is in her name and they will not discuss case matters with me),

 

she was informed that due to the amount being claimed

and that fact that it is small claims track there will be no mediation and that the directions are fine..

.. as far as we have been told this is all quite normal and we should prepare accordingly.

 

Both BC and us agreed to mediation but it seems to have been overlooked, so I guess we go straight to trial?

[AndyOrch]

Normally always mediation on SCT....still time will tell...but you must raise it at the first opportunity that the court denied both parties.

[mhf]

Ok Andy, I will make a note to mention this when the time comes. With regard to the defence can you give me a starting point please? I am not sure what we have in the way of evidence as we never got a Notice of Assignment and never got anything useful back from the CPR 31.14 letter either. All I have to call on is the lack of anything concrete to suggest the debt exists or that Lowells have any legal right to claim it.

 

Do I need to write a Witness Statement explaining all of this?

[AndyOrch]

Your timetable is listed above in post #42 mhf...just stick to the defence as submitted.

[mhf]

Just a quick update for you.....

 

I got my defence together and got it all sent away to the Court and to the Solicitors and today have received a 'Notice of Discontinuance'!

 

I cannot tell you how relieved I am and how grateful I am for all of your support on here....I could absolutely not have done this without your help and guidance. A special mention to Andy who has always answered my questions, no matter how inane they may be, thank you! I will be donating in due course to ensure this resource remains available in the future!

 

Just one more question, where does this now leave me....will they pass this on and make me go through all this again or is this now finished with?

 

Thanks again,

Mat

[AndyOrch]

Excellent news mhf....delighted for you.

 

There is always the possibility that they may try further attempt but that would require permission of the court...which I very much doubt anyway.

 

Celebrate tonight and I will amend your thread title to reflect the outcome.

 

Well done for persevering with it.

 

Regards

 

Andy

[dx100uk]

great news about right for carter.

 

i'd give it a day or two and ring the court

say on Monday.

 

we have known him to do this a couple of times.

 

dx

[mhf]

Based on your advice dx, I called the Courts and they confirm that they have also received a Notice of Discontinuance and that the case is cleared.

 

I guess there is nothing to stop Lowells passing this 'debt' on to someone else though?

[dx100uk]

not a lot they could do mind!!

 

dx