Lowell/lowell Solicitors claim form - old Vodafone mobile debt

[UnclePete]

Please find amended WS and associated evidence attached.

 

Many thanks again!!

Witness Statement - Uncle Pete.pdf

Witness Statement Evidence - UP1.pdf

[AndyOrch]

[Pepe2004]

Thanks Uncle Pete and Andy ,some really useful info on the WS

[UnclePete]

So, some news just in.

 

The claim has been struck out, as they didn't pay the court fee.

 

It's not good news just yet, as they can present the case again.

 

There are new rules, however, that state that the case would need to be started from scratch if they wanted to start proceedings again. It would be statute barred, if so.

 

What isn't clear is whether this case would fall under that new rule, as the initial case commenced before the new rules kicked in.

 

I very much appreciate all the help up to this point.

[dx100uk]

what new rules?

 

 

its always been that way

the claim has been struck out

the SB is now clock never stopped ticking then

[UnclePete]

Thanks DX. I don't really understand. Is it statute barred? Last payment was February 2011?

 

These are new rules: https://www.lawgazette.co.uk/law/automatic-strike-out-for-cases-where-trial-fee-unpaid/5059749.article

 

The court chap told me about the re presenting thing regarding a new case having to be started.

[dx100uk]

thanks for that about time

though I already thought it operated that way...

shows you how much I know....

 

 

yes the debt is now statute barred

 

 

the claim has been struck out

that means the whole claim doesnt exist

which means the SB clock didn't stop

[UnclePete]

So, it's all over? Even though the default date was July 2011?

[AndyOrch]

Well done Pete ...so as we discussed and anticipated.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[UnclePete]

Wahoooo!! Thanks everyone!!

 

Can I get the blasted default removed from my credit account now, do you think?

 

Where can I chuck y'all a donation?

[AndyOrch]

Link is in my signature " click here to make a donation "

[dx100uk]

a default is nothing to do with any court case outcome sadly

its a record of how you managed your money

but the whole account will vanish on the defaults 6th birthday anyway.

 

 

dx

[UnclePete]

Oh well! Good news regardless!!

[UnclePete]

Hi guys.

 

Just had a letter from the court to say that the case has been reinstated, on its original date in two weeks time, due to an administrative error.

 

I'm furious.

[AndyOrch]

So they challenged the strike out ...why was it an admin error..under the new rules ?

[UnclePete]

That I don't know. All it says, and I quote:

 

It is ordered that

 

1. The order of the 28th April 2017 be rescinded and the hearing of the 1st June 2017 be reinstated. This was due to an administrative error.

[AndyOrch]

Ask the court for more information as to why it was an admin error...what was the error?

[UnclePete]

Yeah. Going to buzz them first thing and find out what's going on.

 

Thanks for keeping an eye on it.

[UnclePete]

Have spoken to the court this morning.

 

The claimant had requested the fee be taken from their solicitors PBA account system and the court had failed to do it.

 

So it's on...

[AndyOrch]

Okay so we refer back to the Notice of Allocation and the directions listed...standard disclosure and exchange of witness statements.What dates should the claimant have served ?

 

Regards

 

Andy

[UnclePete]

Thanks Andy.

 

Yes. I've had their witness statements and they've had been within the allotted time.

[AndyOrch]

And their standard Disclosure...? Have you uploaded their witness statement here to your thread ?

[UnclePete]

Hi Andy

 

Yes their WS is on page 2. March 30th post.

[AndyOrch]

Cheers ...will refresh and get back to you.

[UnclePete]

Thank you. Much appreciated.