carter/lowells claimform - o2 debt***Claim Struck Out***

[neil24103]

contacted court and claimant has not filed witness statement. told its too late for them to submit so judge will not allow and they cant issue directions just make sure I turn up at court on date and time stated

[AndyOrch]

contacted court and claimant has not filed witness statement. told its too late for them to submit so judge will not allow and they cant issue directions just make sure I turn up at court on date and time stated

 

[neil24103]

received letter today from carter saying they are no longer instructed in this case and have returned the account to their client

[Bazooka Boo]

Ha ha ha ha, report the silly old man to the SRA, he needs to be struck off. Clown.

[neil24103]

court date is next Thursday 3rd march so don't know what he,s playing at

[AndyOrch]

Then Loweels should be issuing the N434..change of Solicitor.

 

And also act under CPR 42.2 and 42.3.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42#42.2

 

Unless of course they intend discontinuing their claim

[neil24103]

I,ii ring courts on Monday... can they do this at this late stage ?

[AndyOrch]

I,ii ring courts on Monday... can they do this at this late stage ?

 

Yes as long as its done as above.

[neil24103]

ok cheers any after wait and see then

[neil24103]

contacted court this morning no changes

[AndyOrch]

Just keep an open eye on any movement neil...if they try to proceed using their own Sols...you need to advise the court...but Im sure the Court would pick this up if they did.

 

Andy

[neil24103]

they told me to ring back on Wednesday morning to see if there,s any changes before the hearing

[neil24103]

still no change.... so as they have failed to send a witness statement = default/assignment/agreement to me or the courts should I just push no the no doc to back up my defence ? (in court Thursday)

[AndyOrch]

Just attend the hearing neil...as soon as it kicks off inform the court they have failed to comply with the directions as set by that court and they have failed to inform the court the current representation as ceased and you understand that they have failed to inform the court of any change in representation pursuant to CPR 42.2 and 42.3.

 

Claim should be struck out.

 

Regards

 

Andy

[neil24103]

thanks andy

[sillygirl1]

Don't forget to mention wasted costs should be awarded to you.

 

Take a letter of complaint regarding Mr Carter to the court and hand that in too. I believe he once boasted about being the biggest user of Northampton Bulk Court so they should have a copy of this letter too.

 

Good luck for Wednesday.

[neil24103]

would need help with that

[neil24103]

as the hearing is tomorrow

 

 

I contacted the courts today to see if Lowell,s had filed anything .

 

 

the clerk said they had received nothing since they filed there DQ in dec .

and that was only after they received a sanction for not filing on time.

 

 

they,ve not received anything to confirm carter has returned the account back to Lowell.

 

 

or any documents to support their claim

[AndyOrch]

as the hearing is tomorrow I contacted the courts today to see if Lowell,s had filed anything . the clerk said they had received nothing since they filed there DQ in dec . and that was only after they received a sanction for not filing on time. they,ve not received anything to confirm carter has returned the account back to Lowell. or any documents to support their claim

 

Should be a walk in the park tomorrow then:-)

[neil24103]

clerk sounded surprised that they had,nt been informed about carter returning account to claimant

[neil24103]

would this do for the judge tomorrow ?

 

1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
   
2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor on letter received 25/02/16
   
3. The claimant has also failed to supply any documents to support their claim. ie. Default notice/notice of assignment/agreement
   

[neil24103]

amended

Summary

 

1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
   
2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16
   
3. The claimant has also failed to supply any such documents to support their claim. ie. Default notice/notice of assignment/agreement
   

[AndyOrch]

The claimant and their solicitor have failed to comply with the directions of the court as ordered IE Standard Disclosure and exchange of witness statement.(CPR 27)

The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16

[neil24103]

thanks andy

[AndyOrch]

The above is all you should really need to state.....best of luck neil....let us know how you get on.

 

Andy