Lowell/Lowell sols claimform - old orange mobile 'debt'

[pickpocket]

Thought so, thanks for confirming.

[pickpocket]

Hi,

 

The Court Service acknowledged receipt of the defence on 04/05/2016 at 14:01, they have 28 days to respond to the court. Can you please confirm for me if the 28 days are working days or simply 28 days and therefore this should be close to being stayed?

 

Thanks so much

[AndyOrch]

Its 33 days including service and its normal days.

[pickpocket]

Mmm. Thanks. The paper letter from HM Courts states at the bottom "where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defense".

 

Sorry Andy, I'm probably being very dim here please would you be kind enough to explain where I am going wrong?

 

^^^^EDIT: Apologies, I'm not with it. 28+5... Empty head today.

[pickpocket]

Hi, Am I right in saying they have until end of Business on Monday 20th to respond to the Court before Set Aside is applied? Still nothing heard from the Claimant or the Court.

[AndyOrch]

Not set a side...stayed.

[pickpocket]

Cool. Stayed, they still have to get past a high court judge to have that lifted though. Here's hoping guys....... I'm not bitter with these people at all.

[AndyOrch]

County Court Judge not High Court:-)

[pickpocket]

I will get the terminology right eventually....

 

We are not at 22nd June 16 and according to the Court this morning it is the 33 days from the date of the Defense being received by them. Nothing has been heard from the Claimants or their Solicitors, so the claim should be "stayed" now. Have to say the woman at the court wasn't the most helpful but in your experience does the court issue a document to say it is stayed or do I have to apply for that? I've read a couple of posts and also about applying the the claim to be struck out but there is a fee for it.

 

What in your opinion from past cases would you say is the best route to take now?

[AndyOrch]

Normally your acknowledgement of defence submitted states what will happen if they fail to respond within the 33 days...so no you wont be informed it stayed.

 

If the claim is now stayed (and we assume it will be)...do nothing...forget about it ..unless the claimant makes application and lift the stay...then return here for further advice.

 

Andy

[pickpocket]

Thanks Andy.

[pickpocket]

Just received a letter from their solicitors, it attaches;

 

Statement of Account dated 26/May/2016

 

Shows invoice numbers from 03/01/2010 through to 03/03/2014 showing them ad all being paid with a current balance of £0.00

 

They have also included two letters, one from Lowell Group saying "You have not paid your Orange Account."

 

The other is from Lowell Solicitors saying "Notice of Acting" both of these letters are dated 130216.

 

That is all that has appeared. No copy of a Default Notice, No Legal Assignment as requested.....

 

Their cover letter reads verbatim;

 

"Our Client: Lowell Portfolio 1 Limited

Our Reference: xxxxxxxxxxxxx

 

Thank you for your recent correspondence. (for the avoidance of doubt, I have not communicated with them in any way since the original request).

 

Please find enclosed the requested documents received from our client.

 

We look forward to hearing from you.

 

Yours sincerely

 

some idiot in Lowell "

 

I'm asking really to just confirm my own thoughts but is it a IGNORE??

 

Nothing has been received from the Court to say they have applied to lift any Stay so it's got to be a fishing trip!

[AndyOrch]

Refer to post #35

[pickpocket]

lol thought so.