Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[coleman72]

thanks dx. sorry if sounding stupid!! have just filled in my address details on carters one and leave the sign box empty. is there anything I need to do on mcol???

[dx100uk]

1.yes

 

 

2. no nothing

[coleman72]

o.k. sent both these yesterday, and both of them signed for today!!!

 

whoever signs for carters also drew big smiley face next to there signature!!

 

it appears I may have left the sign box sheet out of carters letter and sent just the questionnaire,

as I seem to have an extra sign box sheet photo-copy,

and I know I sent the court one was signed as that went first.

 

was rushing round yesterday trying to catch post.

 

know I said on previous post about leaving it out,

but this was genuine accident.

 

that's what happens when you rush things!!!!

 

will carters try and complain that I did not send this???

[dx100uk]

doubt it

[coleman72]

thanks dx.

 

well its been sent now and signed for. so onto next stage.

 

I take it I will wait until I hear from the court with regards to mediation????

and if all parties agree??

 

by that I mean carter/lowells as obvs I have agreed!!!

 

if it goes to mediation, how does it work???

 

anyone been through it??

 

is it like conference calls??

 

all on the phone at once or speaking to separate people.

[dx100uk]

you need to go read other threads..................

 

 

yes its by phone

 

 

but if farters supplies nothing enforceable

the mediation will undoubtedly ask you such questions first

[coleman72]

thanks dx. nothing from carters at the moment, but that can change!! will have a look other threads.

[coleman72]

bit of update.

 

got letter from carters earlier in week with copy of questionnaire,

and saying to call them to discuss/settle out of court.

 

roll on to today, and have got two letters from the court.

first letter, general form of judgement or order saying the claimant has failed to send directions questionnaire on time

and must do so in next 7 days.

 

letter dated 10th December. second letter is mediation letter,

saying all parties agree to mediation and giving time and date for mediation telephone appointment.

 

it seems that carters were late sending back questionnaire, but have done it.

 

on the mediation letter it says someone will call within 8 days and I need to agree to terms set out in letter,

which is 4 statements and I need to answer yes to all 4.

 

first statement: am willing to compromise on this matter, yes.

second statement: no police involvement in this matter at anytime: yes.

third statement: can confirm mediate on said date, yes:

 

now the last one:

confirm I have enough information about the claim to allow me to enter into negotiations

and that I do not require any further evidence from the other party before the mediation appointment.

 

bit stuck here as I have had nothing from carters etc

only court claim form saying that I owe this money???? no proof.

 

letter says that if can not say yes to all 4 then mediation is not suitable

and call the mediation team

 

any advice??

 

sorry for long post.

[martin2006]

DO NOT CALL CARTERS!!

 

1, Compromise on what? carter has provided no evidence there is a debt to compromise about.

 

2,correct, no police involvement

 

3,yes, confirm mediation ok

 

4,no, you cannot confirm you have enough information as carter has not supplied you with any documentation confirming a debt exists.

 

Mediation can therefore not take place as there is evidentially, nothing to mediate.

 

is there a date by which you must call mediation?

 

If not, call them and confirm the above that mediation is not possible at present but that you will agree to it should the required evidence be produced.

 

If any of the guys previously helping you have anything further to add, they will.

[coleman72]

thanks martin2006.

no there is no date to call mediation,

just a provisional date for them to call me in January for the mediation

but only if I can say yes to the statements,

and someone will call me within 8 days of letter to confirm this.

 

if I can not say yes then I can call them and tell them.

so looks like I will call the tomorrow, as carters have not sent anything as yet.

so what will be the next stage????

 

not really looking forward to going to court!!

[dx100uk]

send the form back

you wait for mediation to call you

ignore carters attempts to fleece you.

 

if you read around other threads....

 

you'll see that when mediation call you

you tell them carter has to date sent no paperwork.

 

dx

[coleman72]

hello all, update time.

 

not been able to get on due to computer probs,

but another new laptop should help!

 

well had mediation call few days before xmas, and can not answear yes to questions.

 

so roll on to two weeks ago got letter from court allocation to claims track hearing with court date set for middle of march.

 

carters had till 29th jan to pay the £80.00 fee, which I take it they paid as not herad anything.

 

letter states that documents to rely on in court to be in by 26th feb. take it that's my defence???

 

starting to worry now as I have no documents to send in.

 

a said before I thought this account was closed as I had not heard anything from the bank.

 

also as yet I have had nothing from carters???

 

so what do I do now??

 

help!!

[dx100uk]

you mean witness statement...

[coleman72]

hi dx,

small claims track hearing letter is saying from what I can work out anyway,

that documents have to be sent to court, in part 4 a,b,c,d,e etc,

 

that which each party relys on at hearing to be filed at court and all parties.

also docs sent to other parties to include statemets, (including statements of the party themselves).

 

is there something I have to file or do I just turn up on day???

 

sorry if I am not being clear??

[dx100uk]

what s the number on the form? N?

 

 

dx

[coleman72]

hi dx, there is no N number on the letter. it is:

notice of allocation to the small claims track (hearing). ??? on the first page it states:

 

 

warning, I must comply with terms inposed upon me,

if I can not then make formal application to court for form N244???

 

 

then theres 4 or 5 paragraphs about documents and witness statements to be sent.

does that make sense???

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?429720-Lowell-notice-of-allocation-to-small-claims-track-(statute-barred)

[AndyOrch]

This is your Notice of Allocation and Court Directions in preparation for the trial coleman.There are only 2 points that you as defendant must comply with by the dates stated...failure to comply with directions by the dates can result in your defence being struck out...see pershas thread below...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?450565-Lowell-Carter-claimform-Shop-Direct-CAT-debt/page8

 

 

So firstly you must submit your disclosure...this is minimal from a defendants stance and would only be any CCA/CPR requests and responses (if any) and anything else you may wish to rely on or have or going to refer to within your witness statement.

 

That's the second point...you must draft a witness statement in your own words in support of your defence....this is then disclosed along with your CPR/CCA etc....and that's it...job done.,,,directions complied with.

 

Regards

 

Andy

[coleman72]

hi dx, thanx for the link, but I do not think mine o/d is statue barred. is that what you saying???

[dx100uk]

its an example of what you need to do

but andy has just clarified

what that actually means

 

 

easy peasy..

 

 

dx

[coleman72]

hi andy, so it says I have till the 26th feb 2016 to file any documents. problem is I have none!! no cca etc at all. so I take it I have to write a defence letter to court and copy to carters explaining why I do not owe this debt??? is that right???

[AndyOrch]

Basically yes...did you not send a CPR 31.14 current account request or receive any response?

 

Its not a defence letter ..you have already submitted a defence...this is a witness statement...signed by you in your own words with a statement of truth...this is your evidence.

[coleman72]

andy, cpr letter sent but only reply from carters was they did not need to send any proof??? have not had anything else from carters at all.

[AndyOrch]

andy, cpr letter sent but only reply from carters was they did not need to send any proof??? have not had anything else from carters at all.

 

Then that's your disclosure...your request and their response....said it would be minimal.

 

This is what the court is going to see....hence why you asked for it in your defence...knowing they would not respond so you would get their none response to use as your evidence in your disclosure.

 

makes sense ?

[coleman72]

andy,

does it make sense, more no than yes!!!!

 

 

but am getting there.

 

 

so, disclosure or documents to rely on would be the cpr request??

 

 

have just dug out carters reply.

 

 

will try and shorten it:

confirm the claim issued by by county court,

protocol was followed,

practice direction 7c eliminate requirement to attch documents.

any event notice of default and assaignmet left claimant,

 

 

does that make sense to you!!!