Pepe2004
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Everything posted by Pepe2004
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Thanks Andy you are are star donations on the way as without CAG i would not have pushed this all the way
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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
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thanks andy ,
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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
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Update i have not received the following as yet : 1.the claimant shall by 4pm 2nd june 2017 send to the defendant a copy of the contract with orange 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 shall wait and call the court on the 12th july to see if payment has been made Question. If payment has not been made do i still submit the WS within the 14 days prior to hearing on 8th aug I am nearly completing my WS and will post it next week here prior to submitting to court and Lowlifes
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Good luck Uncle pete, keep us posted
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received 4 letters from lowells 1 ,Lowell letter addressed with response to me following judge instructions to provide me A .....A copy of the contract with orange and details of account showing how and when the sum arose B. Claimant shall send to defendant a notice of agreement The claimant can confirm the claim relates to a mobile phone agreement not regulated by the consumer credit act 1074 between the defendant and Orange The agreement was entered into on the 3rd nov 2010 . The balance consists of £312 airtime and £196 early termination fee Please note as this account is a telecommunication account, Orange Ltd will not provide us with the above mentioned documents a part from the statement of account and the notice of assignment as telecommunication accounts are not regulated by the CCA the original agreement is not exhibited because A. copy was provided to the defendant at the outset....... B.There is no legislation requiring the assignor to retain a copy of the original agreement C. The claimant does not have access to a copy of the agreement Please find enclosed a copy of the statement and notice of assignment Please accept our apologies in this (LOWLIFES APOLIGIZING ???IN A LETTER ) only received assigned to DCA and statement of account Any ideas or wait till court fee is paid then file WS 2,EE letter of sale of account to Lowell 3. account statement ,last payment 22nd aug 2011 4 Letter of sale of account to lowell from orange
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Thanks Andy , i have some time to file my WS , i believe i can wait until after 11th July and wait and see if they have paid the court fee for trial first , and if i received point i as directed by the judge by the 2nd june . ...am i ok with the time scales , as its 14 days before hearing , but i do not want to submit WS any earlier ,,,want to make them sweat a bit . .as they have made me
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i am concerned about point 6 where they could contact me to settle the case via negotiation or narrow the issues .
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Update ,today 9/5/17 received a letter from the court : District Judge has considered the statements of case and DQ filed. it is ordered that the claimant shall by 4pm 2nd june 2017 send to the defendant 1. the claimant shall by 4pm 2nd june 2017 send to the defendant a copy of the contract with orange and details of account showing how and when the sum arose . 2 claimant shall send to defendant notice of assignment. 3 The claim is allocated to the small claims track and parties are referred to part 27 of the CPR rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted 4.The claim to be heard on 8th august 2017. 5.Hearing will last 1.50 hours,if parties is aware why the estimate might be substantially inaccurate ,they must notify the court immediately 6.Parties encouraged to settle case by negotiation,they 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 may result in the case having to be adjourned and the party at fault having to pay the costs 7.following paragraphs set out the judges directions for preparation for the hearing,Failure to comply with the directions Following directions apply to this claim : 8.Each party must deliver to the other party copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing 9.Original documents brought to the hearing 10.Judge may refuse to consider documents if not been sent to the other parties 11.Documents to be sent to the other parties and the court must include the statements of all witnesses including the parties themselves 12 .reference what witness statement to include Unless the claimant pays the trial fee of £80 by 4pm 11 july 2017 , or file a properly completed application the claim will be struck out with effect 11th july without further order and unless the court orders otherwise ,the claimant will be liable for the costs which the defendant has incurred The above i have had to type out as could not upload a picture apologies for that andy What next steps ??
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Thanks Uncle Pete and Andy ,some really useful info on the WS
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thanks uncle pete
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Thanks for the reply ,i am at the stage waiting for court date ,so started to work on WS as well
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Pete have you completed and posted the WS ?
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Checked MCOL today and claim transferred to ****County court on 7/4/17 , i have begun to already produce my witness statement some weeks ago whilst i was waiting for an update .I have not received anything else from lowlifes solicitors or tmobile from the SAR . One question , when i sent the CPR 31.4 request on the 30th Jan 2017 to the Cohen solicitors i had not received anything from them , but instead the file was transferred i believe to Lowlifes solicitors . does that mean i had also to request CPR 31.4 from Lowlives sols ? as this i have not done ,and will it go against me in my case ...
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Lowell claimform - old Orange Mobile 'debt'
Pepe2004 replied to Adel2978's topic in Financial Legal Issues
adel2978.. ..please take time to read posts and make notes when you have read the relevant , one thing i found out in the early part of my case i waited till the 11th hour to ask for advice and it was stressful however as my case proceeds i am now on top of it and read other posts so i can prepare for any more letters etc that arrive ... ..As Andy states Knowledge is power , ,good luck read my posts as well so you can see what is coming down the line and you are prepared -
thanks will keep the post updated as soon as i hear back
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thanks andy,i should have not put my contact number and email address on the copy of DQ i sent to Lowell,,,,learning everyday as you say knowledge is power
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Update , i have had a call from the mediator asking if i have received all/enough information from the claimant , she was very helpful and stated that the case cannot proceed to Mediation , i did explain i had originally put YES to all info as i was hoping i would receive this prior to mediation commencing . She explained that she will give it 2 weeks from today then if i receive anything or enough info to call CCBC mediation and say i have ,and mediation will be possible and a date will be set , if i dont receive enough they will put it to the judge to decide as mediation is not possible I also asked how come the claimant filed DQ on the 8th march before even i was notified about it?answer they(claimant) pre-ampt to go to mediation Will sit and wait now . Another question > i received an email yesterday to my personal address from Hellix ltd and was wondering, as i filled the DQ with this info would Lowlifes have given it to another DCA? i have ignored this email as i have read and updated myself with relevant posts on Hellix
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thanks andy ,at least this time i am on the ball and not waiting to the 11th hour like last time .all documents done a copy sent without signature to lovell and will get POP
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just received in last post Lowell DQ , Stating YES to Mediation,YES to small claims track, Hearing Court left blank, No to written evidence of expert, D3 > 0 to witnesses and signature is typed in to the box not signed
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And i do not send a copy of mediation to Lowell just the court
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just one quick question ,after reading other post on the link above you posted ,do i also send a signed copy (or unsigned )of the N180 to lowell solicitors as indicated in the N149A court paper ,apoligies just wont to get it right first time
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makes sense what you state above
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Thanks Andy Just to be sure on DQ responce , (can this be done on the MCOL or just fill and send to Court and copy also to claimant ? A1 ,do you agree to this case refered to Mediation YES, B is address etc which i can fill out, C1 agree if small claims track is appropriate ..YES D1 hearing at which county court i shall name this, D2 asking courts permission to use written expert evidence no, D3 about witness (1, just myself) D4 Days not available (self explanatory ) Mediation > 2 questions YES to both and then changed to NO when mediator calls as i have not received all/enough info is this correct ? Only got this info from reading other posts with mediation .
