Lowell claimform - old Shop Direct CAT debt***Claim Dismissed***

[AndyOrch]

Well the other party is the Solicitor with regards to the DQ.

[The_Debt_Man]

Just another update....

 

I had a call from mediation today (very nice man) to arrange a date for mediation.

 

He started the call by saying., "before i go any further, need to know that you have all the documents you need for mediation". I told him that i still haven't had anything back from Lowell from my CCA and CPR 31:14 requests.

 

While stating that he must remain unbiased he really seemed to not like Lowell....hehehe

 

He said this is a common occurrence with Lowell and that i should send Lowell a reminder letter to cover myself.

 

He also said that sometime Lowell will leave it to the last week or so before popping up with an agreement as they know that there would be no time to arrange any mediation at that point.

 

According to him the case now has 28 days from the date the questionnaire was submitted, after that it will be sent over to the court to look at and decide where we go from there.

[dx100uk]

you don't send any reminders

you don't want them to cough up!! think about it:lol:

[The_Debt_Man]

That's what i thought (and read).

 

So it seems now its just a wait for the 28 days to pass so it then gets looked at by the court.

 

Is it at this point they look at my defence or do they only look at that at the hearing?

[The_Debt_Man]

I still haven't heard anything else from Lowell so they are probably just waiting for the 28 days to pass so the court will allocate it to a court hearing

[Old Cogger]

that is the norm with Lowells it seems

[The_Debt_Man]

Jut thought i would give another update as its been a while.

 

I received another letter from the courts about a week ago, it reads:

 

To all parties

 

The Small Claims Mediation Team has arranged for your case to be transferred. If you have arranged mediation

please continue to follow all instructions received as appointment will still take place. If you have not been

advised of an appointment, the team have unfortunately been unable to arrange mediation at this time.

 

This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file

will be referred to a procedural judge who will allocate the claim to track and give case management directions.

Details of the judge's directions will be sent to you in notice of allocation.

 

If you would like any further information you can contact the local County Court Hearing Centre directly but

please await the Judge's directions.

[dx100uk]

time to await the directions from the judge then.

 

 

dx

[The_Debt_Man]

I'm guessing that will just be setting a court date?

[dx100uk]

no read the letter again......

[AndyOrch]

On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.

Details of the judge's directions will be sent to you in notice of allocation.

[The_Debt_Man]

thanks guys

 

I just thought that meant that the judge was going to look at it and then let us all know when we will need to attend court.

[AndyOrch]

Directions will be Given in the Notice of Allocation and the dates you must comply...this will be preparing your standard disclosure and drafting a witness statement.

[The_Debt_Man]

I've received another letter from the court.

 

I'm copy and pasting it from some OCR software so there may be a few missed spelled words:

 

The following Directions apply to this Claim:

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7) The original documents must be brought to the hearing.

 

8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

 

9) The documents to be sent to the other party and the court must include the statements of all witnesses

 

(including the parties themselves).

 

10)Witness statements must:

 

a)Start with the name of the case and the claim number;

 

b)State the full name and address of the witness;

 

c)Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

 

d)End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to

 

that effect); and

 

e)be signed by the witness and dated.

 

11) If a witness is unable to read the statement in the form produced to the court, the statement must include a

 

certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who

 

has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or

 

Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent

 

interpreter is available.

 

12)The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not

 

been prepared and copied to the other party and the court in accordance with the paragraphs above.

 

13) Neither party may rely at the hearing on any report from an expert unless permission has been granted by

 

the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of

 

this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

14)Because this Order has been made without a hearing, the parties have the right to apply to have the order set

 

aside, varied or stayed. A party making such an application must send or deliver the application to the court

 

(together with any appropriate fee) to arrive within seven days of service of this Order.

 

The hearing of the claim will take place at XXXXXXXXX at the County Court at XXXXXXXXXXX and should take no longer than 2 hours. (

 

(The trial fee is fee 2.1 in the current Civil Fees Order).

 

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.

 

If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee or application for help with fees.

 

Information and leaflets explaining more about how to pay a court fee or how to apply for a help with fees are available from the court office or online at: https://www.gov.uk/court-fees-what-they-are

 

Further information relating to Mediation of small claims are available from the court office or online at: http:// hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=4454

 

The trial fee is non refundable. If parties settle before the trial fee is due, the trial fee will not be payable. Jf a consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be payable.

 

Please note, unless you apply for help with fees, there will be no further correspondence from the court office regarding payment of the fee or warnings as to the consequences of non payment.

 

Notice of Allocation to the Small Claims Track (Hearing)

 

District Judge Bell has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

 

Warning: you must comply with the terms imposed upon you by this order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.

 

Unless the claimant does by 4.00pm on the X August 2017 pay to the court the trial fee of 335.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from X August 2017 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

 

1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2) The claim will be heard at on a date and at a tune which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves the right to change the place and/or time of the hearing.

 

3) From the available papers, it is estimated that the hearing will take two hours. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.

 

4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

 

5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

[dx100uk]

we know already what a NOA looks like

its what the judge orders that you ned to follow

better to scan to JPG and redact rather than pop up an OCR text of things.

 

 

just abide by his directions to you.

plenty of witness statements for CAT claimforms here already to base yours upon.

[AndyOrch]

Standard directions as on all the other threads we deal with.....

 

The only 3 points that concern you which you must comply with are ....

 

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

9) The documents to be sent to the other party and the court must include the statements of all witnesses

 

(including the parties themselves).

 

10)Witness statements must:

 

a)Start with the name of the case and the claim number;

 

b)State the full name and address of the witness;

 

c)Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

 

d)End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to

 

that effect); and

 

e)be signed by the witness and dated.

 

Andy

[The_Debt_Man]

we know already what a NOA looks like

its what the judge orders that you ned to follow

better to scan to JPG and redact rather than pop up an OCR text of things.

 

just abide by his directions to you.

plenty of witness statements for CAT claimforms here already to base yours upon.

 

Sorry it’s the first one I’ve had…hehehe

I’ll do the jpeg in future

 

Standard directions as on all the other threads we deal with.....

 

The only 3 points that concern you which you must comply with are ....

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

9) The documents to be sent to the other party and the court must include the statements of all witnesses

 

(including the parties themselves).

 

10)Witness statements must:

 

a)Start with the name of the case and the claim number;

 

b)State the full name and address of the witness;

 

c)Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

 

d)End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to

 

that effect); and

 

e)be signed by the witness and dated.

 

Andy

 

It’s a good job I posted it up, I thought it was now just a case of waiting to see if Lowell paid the fee then if they did I would then be required to attend the hearing.

 

what documents do I need to send off to the court as my defence was already uploaded?

 

Also there mention of me having to pay the court fees, is this only if I should lose the case?

 

Thanks again for all the help guys

[dx100uk]

this is a wanting a witness statement in support of your defence

 

use the search cag top red toolbar box

 

witness statement cat claimform

 

the bit about payment is part of the directions to the claimant not you the defendant

 

read andy's post you've quoted..claimant

[The_Debt_Man]

Thanks ill have a look around on what to do about the witness statement

I didn’t see anything from Andy mentioning claimant or fees.

 

Regarding the hearing, as it seems that it will only go ahead if Lowell pay the fee

(they would be silly paying the fee when they haven’t complied with any requests)

 

 

will I get a letter from the court if/when they pay the fee or would they only write to be if they don’t pay the fee by the required time?

 

I've been doing a little bit of reading (ive still got loads more to read)

from what i gather a witness statement is me saying that ive never had or signed any account agreements with lowell and they have failed to comply with the cca/cpr requests. only in better words...ha

 

Am i on the right track ?

[dx100uk]

Unless the claimant does

by 4.00pm on the X August 2017

pay to the court the trial fee of 335.00

or file a properly completed application

(i.e one which provides all the required information in the manner requested) for help with fees,

 

 

then the claim will be struck out with effect from X August 2017 without further order

and,

unless the court orders otherwise,

you will also be liable for the costs which the defendant has incurred.

[The_Debt_Man]

That's the part about the feed i was talking about in my other post, but ive just noticed:

 

you will also be liable for the costs which the defendant has incurred.

 

What i meant in my last post was, will i be notified if lowell pay the trial fee of 335.00 or will they only let me know if they don't pay it by the required date.

[dx100uk]

well regardless - what is the date of the hearing ???

you must submit your WS by that date ...

 

you've not said so we cant tell....

 

fee payment is their problem not yours

[The_Debt_Man]

Sorry the date of the hearing is 6 September 2017

[dx100uk]

then 14 days prior you must have sent yo witness statement in to the court and the claimant sols.

 

 

what date must they pay the fee by?

[The_Debt_Man]

Thanks

 

09 August 2017