Lowells PAPLOC now claimform - old Vanquis card debt ***Claim Dismissed***

[king100]

I dont have a letter

[dx100uk]

they have 28 days from your defence filing date to progress the claim else it gets autostayed.

 

 

[king100]

Thanks

 

The only response I have had is the email, and whats online and thats just confirming defence.

 

So say it gets autostayed what happens to SB clock?

[AndyOrch]

It stopped on the issuance of the claim......and remains stopped unless the claim is discontinued or dismissed by the court.

[king100]

So received letter from Lowel with a copy of their DQ, yet to receive one from court. How long should I wait?

 

They have asked for mediation.

 

If I was to offer then £5 full and final is that an admission of the debt?

Edited January 14, 2021 by king100

[dx100uk]

On 03/11/2020 at 14:38, king100 said:

Sent PAPLOC and reply as below

 

Hopefully thats correct

king100.pdf-min.pdf 3.03 MB · 8 downloads

+ we've not lost one vanquis claim yet other than by judge lottery, they normally discontinue a few days before the hearing after WS exchange

[king100]

Ok should I print out a DQ and send to court myself?

Worried that its been lost in post if Lowell has already had time to fill in theirs as well as send to me.

[AndyOrch]

Check the claim status on MCOL.....it will say if DQs have been dispatched.

[king100]

Claim Status

 

A claim was issued against you on 30/11/2020

Your acknowledgment of service was submitted on 07/12/2020

Your acknowledgment of service was received on 07/12/2020

Your defence was submitted on 31/12/2020

Your defence was received on 31/12/2020

[AndyOrch]

So the answer to you question is no.....

[king100]

Then my next question is why has Lowells sent me theirs?

[AndyOrch]

To make you think they are proceeding and to make you panic and make an offer of settlement.....wait for the court to send  you the DQ....if they proceed.

[king100]

Yeah wont be doing that lol.

 

Just out of curiosity if you offered a full and final amount, that does constitute an admission of the debt? 

[dx100uk]

have you?

[king100]

Nope and wont be but was just wondering about it.

Edited November 16, 2021 by dx100uk
unnecessary previous post quote removed

[king100]

Still valid?

 

For completion once a defence has been submitted and the claimant wishes to proceed.

 

Yes to mediation No if its statute barred or a parking claim.

Yes to Small Claims Track

State your local County Court 

1 witness = yourself

 

The rest is self explanatory

 

Run 3 copies..Court/Solicitor/File

[dx100uk]

yes when you get your N180 from the court.

on the sols copy

omit phone/sig/email.

[king100]

Will do

 

Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?

 

Does that inc other lawyers? Surely that should say at least 1.

 

It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.

[AndyOrch]

Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim. 

 

The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.

[king100]

I received my DQ today, filled in and ready to send copies to court and sol. What I am asking is on the paperwork from court it states that the claimant has 28 days after receiving my defence to proceed, so claimant must have received my defence early Jan with his DQ, as the letter to me is dated 6th Jan then I can assume that that they have 28 days from 6th to tell court if they wish to proceed. MCOL only states

 

Your defence was received on 31/12/2020

DQ sent to you on 19/01/2021

DQ filed by claimant on 19/01/2021

[dx100uk]

they have

they've filed their dq...

[AndyOrch]

You cant get a DQ unless the claimant has informed the court they wish to proceed.....lets move on.

[king100]

ok thanks

 

So now it will move to mediation, tried to google some info but could find much just that cases are taking ages to get to court. I would assume that mediation would be via phone due to covid?

 

As all I have seen in terms of their paperwork my position would be "I dont have a copy of the original agreement" and stick to that.

[king100]

On 12/01/2021 at 16:00, dx100uk said:

issuance of a claimform halts the SB clock.

if you read the acknowledgement letter from the court regarding your filing of a defence 

it tells you how long they have ...go read it!

 

If small claims are taking ages to go to court this therefore will increase the time that debt will be SBd by months. It says that FT claims took 62 weeks to reach trial.

[dx100uk]

Why do you keep wasting your time on Google

wHen there are 1000's of lowell claimform threads on cag?

 

mediation has always been by phone..

if when it actually happens

the same q's ..are asked again as the n180 form

if you've not received enough information to make an informed decision to progress it. Then tell them so.