Lowell/Lloyds TSB/BW Legal

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Got the Witness Statement, Draft Order for Directions and N244 ready, do they need a proper signature or can I just type name

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

You can just type i believe.

M1

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Are you sure the £10 you quote in post #45 above (26th March) wasn't a payment made for a SAR?

If so, this has been mis applied and wouldn't count to reset the statute barred clock

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Hi,

so, to be clear, they still haven't provided the docs requested under CPR 31.14?

If this is the case you need to follow the next steps in the CPR 31.14 thread (Link in Post # 30, above) that Amethyst created and apply for an unless order that gives them 7 days to come up with the docs so you can supply a valid Defence, or their claim is struck out

I did actually advise doing this in Post # 41, 19th March above - you shouldn't really have left it to the last minute to do this, but now is better than not at all.



You appear to be letting them take control of this, whereas they are clearly in the wrong here for not supplying the docs their case is based on, and not having them prior to commencing a claim that is based on a written contract.

They, like many other DCA's are quite obviously taking advantage of the fact that Northampton (Moneyclaim Online) does not require them to submit documents at the initial stage, whereas had they made a traditional claim via their local county court, all docs they relied upon would have to be submitted with the particulars of claim.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

No not done a SAR.

No documents rec'd.

Amethyst kindly checked my Witness Statement and adjusted it a bit. I had intended emailing the WS, Court Order and N244 on Friday to Northampton but I just missed the 3.15 cut off to pay the fee, as I was on hold for ages. I will ring at 9.15 Monday when they open. I'm assuming I can't email the info until I have paid fee?

Yes I should have probably done this sooner, thought I had to show I was giving them ample time to get info, so Judge sees we are trying to be co-operative and agreeable.

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

No not done a SAR.

No documents rec'd.

Amethyst kindly checked my Witness Statement and adjusted it a bit. I had intended emailing the WS, Court Order and N244 on Friday to Northampton but I just missed the 3.15 cut off to pay the fee, as I was on hold for ages. I will ring at 9.15 Monday when they open. I'm assuming I can't email the info until I have paid fee?

Yes I should have probably done this sooner, thought I had to show I was giving them ample time to get info, so Judge sees we are trying to be co-operative and agreeable.

Hi,

yes, I see your point there - they certainly can't claim you've been unreasonable.

To be safe, I would imagine it is best to pay first prior to sending, that way they 'should' be looking out for the email relating to that case.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Wow what a nightmare trying to get through to Northampton Court to pay fee. Rang at just after 9am and was 16th in queue, when eventually got through the dept to pay fee was engaged and customer service offered to take my number for a call back, guy was surprised I wanted to pay £80 for hearing not the lesser £45 "you're sure you want a hearing for this" Rang back at 1.45pm during break time as hadn't heard from them, now 15th in queue, customer service said they probably hadn't got to me yet! I hung on till they got me through and got it paid. phew!

I emailed everything to them yesterday, as I didn't have access to laptop today. How long does it usually take to hear back from Judge with date for Claimant to supply documents?

[ncf355]

Re: Lowell/Lloyds TSB/BW Legal

Hi,

it will depend entirely on how busy they are, but you have proof of payment of the fee and proof of contact so dont worry

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

They quote 3-6 weeks. I've seen it be quicker but i am also waiting on my application to vary an order since 22/2/14.

M1

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Oh, didn't know it could take that long. As our deadline for filing defence is 14/4/14, does that date go on hold until we hear back from court or do we still have to file some kind of defence by the 14/4/14?

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

Oh, didn't know it could take that long. As our deadline for filing defence is 14/4/14, does that date go on hold until we hear back from court or do we still have to file some kind of defence by the 14/4/14?

It will go on hold xx

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Notice of Hearing rec'd from my son's local County Court for Friday 2nd May at 11am, "which you should attend, 1 hour has been allocated for hearing. Please note: this case may be released to another Judge, possibly at a different court".

I was expecting judge to give Lowell 7 days to produce documents.

What happens now. How do we prepare for hearing and what do we need to do.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Bump

Help need advise please

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

Hi BigSis. The hearing will be to explain why you need the documents and for the claimants to explain why they haven't provided them, so the judge can make and order either for them to deliver the documents to you or be struck out.

Quite often the claimants will supply the documents or discontinue before this hearing as if the Judge agrees with the draft order you presented then the claimants will have to pay the costs.

If they do provide the documents before the court date then you should still ask them for the costs of the application and a new defence date, by consent order.

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

Notice of Hearing rec'd from my son's local County Court for Friday 2nd May at 11am, "which you should attend, 1 hour has been allocated for hearing. Please note: this case may be released to another Judge, possibly at a different court".

I was expecting judge to give Lowell 7 days to produce documents.

What happens now. How do we prepare for hearing and what do we need to do.

You need to learn the rules and cases which help.

What right do you have to inspect the documents. CPR http://www.justice.gov.uk/courts/pro...es/civil/rules

So 31.14 & 31.15 allow for inspection.

The claimant may argue this will be a small claims track and cpr 27.2 excludes CPR 31. However cpr 27.1 tells you that only claims which have been allocated to the small claims track under cpr 26 are to be considered for the purposes of cpr 27.

CPR 1.1 needs studied in conjunction with Expanadable v Rubin and the whole lot needs to be considered in light of Mitchell v Newsgroup international.

Expandable v Rubin is discussed in http://www.bailii.org/cgi-bin/markup...method=boolean as well as what disclosure is etc.

Now the court may ask what defence to the claim exists and that would be s77 cca as they have not complied.


M1