Lowell/cohen claimform - old orange mobile 'debt'***Claim Discontinued***

[AndyOrch]

Yes you must still comply by the dates directed

[Pepe2004]

1.the claimant shall by 4pm 2nd june 2017 send to the defendant a copy of the contract with orangeicon and details of account showing how and when the sum arose.(NOT RECEIVED )

 

The court fee should be paid by the 11th July 4pm....... I have tried calling the court since 12th july and after 7 days decided to email enquiries at the court address to see if the claimant has paid the court fee by the 11th july 4pm .....rECEIVED EMAIL FROM COURT STATING that the claimant paid on the 20th july ,(Does this mean that the claimant did not follow the court instruction and the claim shoiuld be struck out AS PER THE ORDER ??

 

Question.

What date latest ,do i need to submit the WS (it states 14 days before hearing 8th aug 2017 ,i have been so busy at work and was hoping this would be struck out now as the claimant did not comply ...but it does seem they paid on the 20th july ....,,can i use this in the WS as well as point 1 post 75 NOT COMPLIED WITH BY THE CLAIMANT ?

i will complete the WS this weekend and post here .

 

I feel if i send my WS to Lwlifes they will then adjust their WS and send to me ...any ideas

[AndyOrch]

Payment delay will be discarded by the court but you still make reference to being late in your WS and therefore failed to comply.

 

With regards to submitting your WS count back wards from 8th August by 14 days I get 26th July

 

As for sending a copy to the claimants solicitor...well you have to otherwise you are failing to comply with the courts directions.....simply make sure they get it by the last day...IE 8th August or slightly later as long as the court gets theirs on the 8th

 

Andy

[Pepe2004]

thanks andy ,

[Pepe2004]

well update as follows :

Received email from courts stating that the claimant paid the fees on the 19th July .

 

On the 21st July received a letter dated 19th July from lowlifes stating client has made a commercial decision to stop current legal proceedings ,and enclosed a copy of the Notice of discontinuancefiled at the court

 

form N279 enclosed dated 19th July and signed by lowlifes legal administrator stating claimant discontinues all of the claim against the defendant ,however the judges name is blank

 

Question what do i do now ?

as i have till 26th july to send my WS ,

secondly why would the court state the claimant paid on the fees 19th july via email if they possibly saw a n279 from claimant ??

Also with ref to my credit file ,am i right that they should now remove this default ?and cannot bring this claim against me again ??

i have read on other posts that i should ask for costs if the claimant discontinues ?not bothered about these just need this closed for good without it being sold off to someone else to start the claim again .

any advise would be great

[AndyOrch]

Question what do i do now ?

 

Nothing claim has been discontinued...finished..withdrawn.

 

Question what do i do now ?

as i have till 26th july to send my WS , You dont ..claim has been withdrawn

secondly why would the court state the claimant paid on the fees 19th july via email if they possibly saw a n279 from claimant ?? Crossed in the process will be refunded

Also with ref to my credit file ,am i right that they should now remove this default ?No you still defaulted nothing to do with the court claim

and cannot bring this claim against me again ?? Only with the courts permission and cant be the same claim

i have read on other posts that i should ask for costs if the claimant discontinues ? Not applicable to small claims tracknot bothered about these just need this closed for good without it being sold off to someone else to start the claim again ...You wont hear from anyone else

any advise would be great

 

Well done Pepe thread title amended to reflect the outcome.

 

Regards

 

Andy

[Pepe2004]

Thanks Andy you are are star donations on the way as without CAG i would not have pushed this all the way

[AndyOrch]