• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

**DISCONTINUED** Lowell County Court Business Centre Claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Lowell County Court Business Centre Claim

    Hi rob, yes the deadline is the 13th of march and I'd prefer to post it rather than email. Would I attach my request with the DQ?
    is there a template I can use for this? Is it worth doing?
    thanks in advance [MENTION=71570]R0b[/MENTION]

    Comment


    • #32
      Re: Lowell County Court Business Centre Claim

      Where it says. Do you agree to this case being referred to the small claims mediation service they have ticked yes? See photos above?

      Comment


      • #33
        Re: Lowell County Court Business Centre Claim

        You can select the option to agree to mediation, but is unlikely to do much though it is an opportunity for you to try and settle the matter without it going to court.

        As for the witnesses section, you will need to put 1 person if it is only you giving evidence.

        I don't have anything specific to hand about special directions, though I have uploaded something which has been cobbled together which you can use as a starting point. You will see there are sections in brackets, they will need to be amended depending on the type of wording you wish to use - see paragraph 1. You will also need to complete the heading at the top and fill in the required information.

        You can fill out the DQ online and then print it off rather than writing by hand and going to this link https://formfinder.hmctsformfinder.j...k/n180-eng.pdf
        In section C1 in the box, you can suggest something like "The Defendant also requests special directions from the court pursuant to CPR 27.4 (a draft is attached)"

        Again, no guarantee as the court may either ignore it or suggest you make an application for further directions or in some cases the judge will allow it for one reason or another, sometimes because there is a lack of sufficient information in the particulars of claim.
        Attached Files
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #34
          Re: Lowell County Court Business Centre Claim

          Thank you for that [MENTION=71570]R0b[/MENTION], all makes sense. in the draft you've uploaded it mentions the judges name and the court at which the hearing will be. at this moment in time i dont have that information so do i wait before sending until i receive something with this information? just send the questionnaire for now?

          Comment


          • #35
            Re: Lowell County Court Business Centre Claim

            Assuming the claim has not been transferred to any local court yet, it will be in the Northampton County Court Business Centre

            The order is a draft one so the blank spaces where it says "District Judge ......" and "Dated ......" do not need to be completed by you. The purpose of the draft order is to show the judge reading the case what you are seeking and he/she might approve it in its current format.

            All your required to do is complete the court name, claimant & defendant and claim reference

            The judge may inevitably allocate the claim to small claims track and insert the provisions from the draft order in their directions on the notice of allocation document, it all depends.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #36
              Re: Lowell County Court Business Centre Claim

              Perfect, will get this sent out today and will keep you updated.

              Thank you!

              Comment


              • #37
                Re: Lowell County Court Business Centre Claim

                Where it mentions

                Document 1
                Document 2

                Should i not change that to 'The original agreement? [MENTION=71570]R0b[/MENTION]

                - - - Updated - - -

                I did also find this draft?
                Attached Files

                Comment


                • #38
                  Re: Lowell County Court Business Centre Claim

                  You can change it to whatever you want to require, presumably whatever is mentioned in the particulars of claim. Common examples will be the agreement, default notice, notice assignment etc.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #39
                    Re: Lowell County Court Business Centre Claim

                    HI, RATHER annoying received a letter from Lowell Solicitors sent a letter from advice received in the forum about getting written proof of contact owing to vodafone or lowell portfolio. Received a letter today date 8/03/17 that "our client is under no obligation to provide me with documents relating to my claim".
                    With respect to proof of the claim, our client does not have to provide you "me" any form of "proof of agency" to evidence that they are the legal owner of the debt. (THIS SOUNDS ALL RATHER I want your money regardless) this is postal money debt scam.)
                    The do provide the account relates to a former Vodafone account opened 19/01/2011 number 0754430264 "I've never owned a phone number with that number". Amount is £738.19
                    I sincerely, hope someone can help me further with the next letter I can write to them back with, OH another thing, they say ( We will not besponding to any further correspondences raisnt the above issues, blah blah blah and that there is a CCJ entered by the court to pay £50.00 per month. I HAVE NEVER RECEIVED A CCJ from the court about any injunction against me. Is this normal?
                    I look forward to help regarding this injustice and I DONT OWE THIS AND THERE IS NO PROOF, and they are saying they are not obligated to send proof of debt.
                    Thanks Taylor

                    Comment


                    • #40
                      Re: Lowell County Court Business Centre Claim

                      Hi Taylor

                      Do you have your own thread on LB?
                      If so, please provide a link or state where it can be found.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #41
                        Re: Lowell County Court Business Centre Claim

                        Hi again, been a while but I'm in need again [MENTION=71570]R0b[/MENTION]!
                        so since I last spoke the judge ordered for the claimant to provide the original copy of the agreement, default notice and notice of assignment. They haven't been able to provide the original agreement so I therefore wrote a letter to the court. See attached expecting it to be over and now I've received the attached from Lowell stating they don't have to? If it's a court order via judge they don't have a choice right? Since the court order I've received nothing from the courts. Should I sit tight?
                        Thanks for your help in this rob I couldn't of got this far without you!!
                        Attached Files

                        Comment


                        • #42
                          Re: Lowell County Court Business Centre Claim

                          Hi Josh,

                          Just FYI the Order itself seems contradictory. When you drafted the order it should have been either the documents referred to in the Particulars of claim or the relevant documents you listed, not both. By having both you are giving the Claimant the option to comply with one or the other (especially if there are less documents referred in the particulars of claim which is often the case) and the Judge ought to have clarified that as having both is not providing much clarity.

                          Regarding Lowell's position that the agreement was not regulated, how do they know that if they don't have a copy of the agreement or terms and conditions? That position is also contradictory to their pleadings in the particulars of claim which says a default notice was served, yet they are now trying to backtrack? If they knew that the agreement was not regulated then they should be able to provide evidence to that effect but then why did they plead a default notice was served? I suspect it will have been a copy and paste job from a previous claim form and done by mistake. Nevertheless, an argument which shows they have nothing about this agreement between you and Vodafone and a bringing a claim which they do nto have sufficient evidence.

                          Not providing the agreement or copies of the T&Cs because you may have already received them is not sufficient, particularly if the court has ordered a copy to be provided. Lowell would have had an opportunity to vary that order but assuming they chose not to and that's their fault, not yours.

                          Did you attend court for these directions or did the court order them without a hearing?

                          Is Exeter County Court your local court?
                          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                          Comment


                          • #43
                            Re: Lowell County Court Business Centre Claim

                            They ordered them without a hearing and yes exeter is my local court.

                            i should of come back here before sending anything but assumed I was doing the right thing, wording in courts etc is very specific!
                            should I wait to hear from the court or draft them another letter? with what you have stated above?

                            regarding them stating they don't have to provide the original agreement that's exactly what I thought. How do they know if they don't have it!

                            cheers @R0b!

                            Comment


                            • #44
                              Re: Lowell County Court Business Centre Claim

                              It would be helpful if you could upload a copy of the notice of assignment there may be defects in that too.

                              Setting aside the issue of the original agreement, Lowell should have provided the notice of assignment by 3 April at the very latest. Their letter is dated 12 April and assuming it got to you a couple of days later then thats almost two weeks later than the date that they must have complied with. Again I am assuming they did not make an application for an extension of time or relief from sanctions, then the claim is automatically struck out as per the Judge's order.

                              As it stands, since Lowell have failed to comply, their claim has been struck out and judgment found in your favour which in effect, means Lowell have lost. Not sure why they are looking forward to the curt's further directions as they would now need to appeal.

                              Since Exeter is your local court, you could write a letter and post it directly or hand it in at Exeter court stating that Lowell have failed to fully comply with the Order (enclose a copy of it) by the district judge and ask for the matter to be put back in front of the Judge who made the original order or any other available judge, confirming that Lowell having failed to comply with the unless order, the claim is struck out and dismissed.
                              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                              LEGAL DISCLAIMER
                              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                              Comment


                              • #45
                                Re: Lowell County Court Business Centre Claim

                                Will reply below.
                                Attached Files

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X