Lowell claimform - old voda mobile 'debt'

[Mathew1988]

Oh right so they hace 28 days? It's not been 28 days since the 20th December so in theory something could still happen. Il keep this up to date should something happen

 

Thanks

[dx100uk]

Post 43….......

[Mathew1988]

Thanks

[Mathew1988]

Right need some guidance. They had 28 days to respond from the confirmation I received on 20th December. They must be out of time by now. What can I do now. How do I go about getting it struck out and what do I do about getting it taken off my credit file.

Thanks

[dx100uk]

you cant do either.

[AndyOrch]

Right need some guidance. They had 28 days to respond from the confirmation I received on 20th December. They must be out of time by now. What can I do now.You dont need to do anything How do I go about getting it struck out You cant there is nothing to strike out yet and what do I do about getting it taken off my credit file. You cant your credit reference files have nothing to do with a court claim

Thanks

 

But judging from the questions you raise Mathew..its obvious you need to read a few threads then you would know all the above and why you cant.

 

Regards

 

Andy

[Mathew1988]

Ok il keep reading. I've just read similar ones that said the claim had been struck out so I assumed that was something you did rather than the court? Obviously ive misunderstood. Sorry

[AndyOrch]

A claim is only a speculative claim until it proceeds to allocation...if the claimant does not respond to a defence its stayed..indefinitely... until the claimant either proceeds or discontinues.

[Mathew1988]

Oh right so I literally cannot do anything until they do something.. I just read about people having claims struck out and had assumed that they had requested the court to do so. I didn't realise it wasn't a "proper" claim until it was allocated.

[AndyOrch]

It is a proper claim....its just stayed:wink:

[Mathew1988]

Not heard anything from this for months

 

 

just received a notice of allocation to the small claims track.

For a hearing on 30th August..

 

 

in the letter it states that the judge feels it's suitable for mediation

i phoned to try and book that

(I'm not sure if that was right thing to do but reading other posts it seems like it was)

 

The mediation place said they weren't able to book an appointment as the other party hadn't provided all the information I had asked for. now it's going to have to go to court.

 

The thought of this scares me if I'm honest

 

 

i have to submit a defence to the court by 14 days before

have literally no idea how I can defend it as they haven't sent anything I asked for months ago..

 

Lastly I've just moved house in last few days after finally managing to get a mortgage.

 

 

I know I need to update my address

 

 

do I write directly to Lowell and the court to give them new contact details or is it done Online.

 

Thanks

Mathew

[AndyOrch]

Again part and parcel of the procedure....this is the Notice of Allocation Mathew which lists the courts directions for each party to comply with.Each party must disclose all the documents they rely on and prepare and submit a witness statement in support of their claim/defence...your not submitting a further defence..simply particularising your initial defence.

 

This is the point were most Lowell claims collapse ...they either dont pay the hearing fee...or dont submit the documents or witness statement or both and then discontinue the claim.

 

Yes you must inform the court/claimant of your new address...otherwise they wont be able to send you important documents on what happens next...like the Notice of Discontinuance for example

 

" The thought of this scares me if I'm honest " Get a grip.....far worse going to the dentist

[Mathew1988]

Give me the dentist over this any day lol. It's all so alien to me

 

I have now written to both the court and Lowell to inform them of change of address.

 

With regard to my earlier defence is that what I submitted on mcol? Il do some more reading on what I need to do next.

 

Will have to bear with me for replies as I've got no internet at new house yet so having to rely on getting on here from work when I'm in office.

 

Thanks again

[dx100uk]

so you've got to file a witness statement [you've already filed your defence] by 14 days prior to 30th august

 

 

use the search cag box of the top red toolbar

 

 

witness statement mobile