Lowells Claimforn - old Capital One***Claim Discontinued***

[jack21]

Thanks for that Andy.

 

I have made those amendments and submitted my defence.

 

I'll keep you posted on any developments.

[AndyOrch]

[jack21]

Hi Andy

 

I have received a form back from the mediation service. However one of the questions on the requirements is :

 

2. I can confirm that 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 I can mediate.

 

As of yet I have not received any information from Lowells regarding the CCA and CPR requests, only that they will send me the documents when they get them.

 

What is the best position to take in terms of mediation?

 

Thanks

[Old Cogger]

no information then let mediation know they will say not suitable for mediation and refer back to the court that facxt

[AndyOrch]

Just explain they are in default of your CCA and CPR request...mediation will be aborted and revert to allocation.

[jack21]

Thanks. I have sent that in and will see what their response is.

[jack21]

Hello again

 

Many thanks for your help on this.

 

I received the attached letter from the court stating that Lowell need to send in the required documents as per the CPR and Sect 78 requests by the 21st November.

 

I have still not received anything from Lowell. What do I need to state in my defence as per point 2 in the attached document?

 

Thanks

[AndyOrch]

Hi jack responding to your PM..

 

Soooooo you wait and see if they comply and send the documents...if they dont...your initial defence stands and you request that the claim be struck out.

 

Regards

 

Andy

[jack21]

Hi Andy

 

They have not complied, they had until the 21st of November to comply.

 

The Judge has asked for me to resubmit my defence by the 5th December.

 

Have you seen the doc attached in the previous message?

 

Thanks for your assistance on this

[AndyOrch]

So you cant submit a further defence as nothing has changed...inform the court and ask it be brought to the judges attention and ask they impose sanctions for failing to comply with court directions

[dx100uk]

just to inform you

everyone that has posted on your thread gets an automatic email when anyone posts here

so no need to PM everyone.

 

 

dx

[jack21]

Hi

 

I have now received some of the documents ordered by the court from Lowell, but not a Notice of Assignment.

 

Do I just now wait to see what the Judge decides based on the facts given by myself to the court on the 2nd December?

 

Thanks

[unclebulgaria67]

So nothing to do, apart from wait to see what happens, as you have already done what the court asked for by 5th of December.

 

Courts may accept Lowells late supply of documents and accept seeing assignment if it gets to a hearing. The notice of assignment is just a letter saying the debt has passed from x to y. It is the deed of assignment that proves transfer of debt rights and they won't show that until it gets to a hearing. But the court did ask for notice of assignment and they have failed to do this.

 

Wait to see what Andy says.

[AndyOrch]

So the court Ordered disclosure of the agreement the default notice and the notice of assignment....they have partially complied.

 

Can you scan and post up the agreement and default notice (remove any identifiable data first).

 

You was ordered to in response to submit a further coherent statement of case by the 5th....given that you have only just received the documents can be stated on your statement.

[jack21]

Hi

 

Here is an update on the current case against me.

 

This morning I have received a judgement letter from the court, ruling in the Claimants favour, and that I must pay £1,071.74 plus £475 costs, totaling £1,546.74.

 

The last communication I received from the court was a letter stating that the claimant must pay a hearing fee of £175 by the 17th February. I rang the court to see if it had been paid and they had paid it before that date, I said that I had not received any notice of a hearing date from the court and they said that I would be receiving that shortly and would be given plenty of notice before the date of the hearing.

 

I received no other communications from the court.

 

The last communication I received from Lowell was a copy of a witness statement sent to the court with attached documents and evidence in support dated 22 March.

 

So I have not received any instruction from the court of a hearing date or to provide a witness statement, which is the way I understood matters would proceed.

 

Now I have received a judgement letter from the court without being given the opportunity to defend the case.

 

So has the court acted correctly in their procedures ?

 

What happens if I do not pay the claimant the full amount by the 23rd May?

 

I would appreciate some help in this matter as I was expecting some communication from the court to provide a witness statement and give me date of a hearing.

 

Thanks

[Old Cogger]

looks to be a set aside case N244 see what others say

[jack21]

I put the wrong date in on the previous post, they had to pay the fee by the 9th March.

 

here are the two latest documents I have received from the court.

 

 

I rang the court on the 10th to see if they had paid the £115 hearing fee and to tell them I had not received a hearing notice from the court,

 

 

they said that it had not been set and that I would be hearing from them soon and they would give me at least a few weeks notice before the hearing date.

 

From the judgment letter dated the 13th April,

(which I have only just received today, the 13th May),

it appears to be the case that was indeed a hearing on the 13th April and I was not given notification of this.

order.pdf

judgement.pdf

[AndyOrch]

Yes make application to set a side (N244 in the Legal Library) there is a fee with hearing £ 255 but I would opt for without hearing initially £100.

 

The Court is at fault here..so any fee should really be waived.

 

Regards

 

Andy

[jack21]

OK, thanks.

 

Shall I ring the court on Monday to inform them ?

[Old Cogger]

Form N244 Application Notice

 

n244-eng.pdf (PDF 75KB)

[AndyOrch]

No...just submit the form...to your local County Court

 

I can provide the legalise wording if you wish

[jack21]

OK thanks

 

I will get the form filled out today or tomorrow. I may need help with wording of the reasons for the application.

 

Is it right that I would only receive the notice of the judgement 1 month after the date of the judgement, as this only gives me 10 days before the payment is due?

 

The date of the judgement was the 13th April and only received notice of it today 13th May.

 

Please can I ask a couple of questions.

 

As the judgement was made on the 13th April, does the payment within one month to get the CCJ removed apply from the 13th April?

 

Also if I do apply to get the judgement set aside and this is not successful can I still pay to get the CCJ removed or will this mean that I am unable to do tis due to the payment being after the 30 days?

 

The court should of informed me immediately after the judgement was made on the 13th April, I have only been informed 30 days after the judgement so that makes it impossible for me to have paid within the 30 days.

[Old Cogger]

failure to get set aside then it stays after a month

 

after a month say you paid up it would be there but show satisfied for 6 years

[jack21]

Yes, I understand that it will stay on my credit file for 6 years.

 

What would be the date that I need to make the payment in order to get the CCJ removed ? Is it one month from the date of the judgement, the 13th April ?

[Old Cogger]

yes to my knowledge