Three Mobile / Lowell / Dryden court claim

[citizenB]

Defence is now in - got a letter from Dryden's (later on in same day as it happens).

 

Their letter's the 'we'll get copies of the documentation you asked for and allow further time to respond' I was expecting.

 

So, what would happen now, especially now that the defence is already in?

 

It is too late now to ask the court for an extension. Dryden's will be notified and they have 28 days in which to say if they wish to proceed or not. If they do, an Allocation Questionnaire will be sent out to you, this is for case management and allocation to your local court.

 

Lets see if Dryden's provide anything within the next 28 days - you can then consider your next moves and use the AQ to ask for directions.

[thunderballs]

Bit of an update, and a bit of a bewildering one at that.

 

In a nutshell, got a letter from Dryden's today (dated yesterday) to say that the CCA being referred to in the PoCs were a mistake, but that they're still going to obtain the documents I've requested (why, if they've just said it has no bearing on the case?).

 

However, there's nothing there about whether they're pressing on with court or not - no new PoCs have been attached, and nothing's been said whether they're going to issue new PoCs, or what act of legislation they're going to be arguing instead (if any).

 

Any thoughts?

[citizenB]

They are not going to be able to produce anything as mobile phone contracts are service contracts and not made under the Act.. so it is a rather disingenuous statement from them, isn't it ?

 

I would just wait until you hear from the court as to what happens next. Did you ever send the SAR to the original creditor ? What is the amount being claimed - ?

[Mike_hawk]

I would suspect it will be seeking your agreement to amend in the near future. Wait on the postie for the mo.

[thunderballs]

They are not going to be able to produce anything as mobile phone contracts are service contracts and not made under the Act.. so it is a rather disingenuous statement from them, isn't it ?

 

Yep - that's what I thought.

 

 

I would just wait until you hear from the court as to what happens next. Did you ever send the SAR to the original creditor ? What is the amount being claimed - ?

 

Only thing I've heard from the court so far is a receipt confirmation for my defence.

 

SAR did go to the OC, who are being more than a little 'awkward' about it.

 

Amount being claimed is under £800. Hope you don't mind, but I'd sooner not give out the exact figure - I'm well aware that the site has 'guests'.

[thunderballs]

I would suspect it will be seeking your agreement to amend in the near future. Wait on the postie for the mo.

 

Nothing to do at my end in the meantime, then?

 

When you say my agreement to amend, I take it you mean in respect to their PoCs? If so, then I daresay that'll be a 'no' from me.

[Mike_hawk]

Nothing to do at my end in the meantime, then?

 

When you say my agreement to amend, I take it you mean in respect to their PoCs? If so, then I daresay that'll be a 'no' from me.

 

I'd wait on it to ask, at the moment it acknowledges it doesn't have a cause as particularised.... But it can request consent to amend or apply or discontinue/file again. The first gives you the opportunity to negotiate, the second will probably be granted with costs in the case deferred and the latter would enable you to dig your heels in and go after it for costs.

 

Wait for it to show its hand for now.

[thunderballs]

Nothing further heard as yet either from the court or Drydens, and it's now been well over 28 days since the defence went in.

 

Anything to be done now, and can I approach the court and recommend that the matter is dropped?

[kp278]

I'm pretty much at the same stage. I spoke to the bulk centre yesterday and Its 28+5=33 days. Mine runs out tonight at midnight. Once the claim is stayed I think next step is to file an order for the case to be struck out. It needs to be done before the claimant files an order for the stay to be lifted. Once struck out i don't think claim can be brought again.

[Mike_hawk]

Nothing further heard as yet either from the court or Drydens, and it's now been well over 28 days since the defence went in.

 

Anything to be done now, and can I approach the court and recommend that the matter is dropped?

 

Hi tb

 

Responding to your pm.

 

Personally, I'd do nothing as things stand. The court won't strike out the case as it would require an application from you and a hearing to establish whether the other side had cause to continue.

 

It's not been allocated to track yet so you run the risk of a cross application to amend with costs in the case. Should it be granted relief and you go on to lose the case you could be stuffed for something in the region of a grand in hearing costs (it's how they make a living).

 

I'd sit tight and wait for now

[thunderballs]

Hi everyone - I've now received a 'Notice of Proposed Allocation to the Small Claims Track' letter from the court, with an N180 Directions Questionnaire form attached to it.

 

Bearing in mind that the rather ambiguous letter I got from Drydens (described earlier in the thread) is the last correspondence I got from them.

 

That's the letter I got from Drydens shortly after my defence went in - where it mentions that they're dropping the CCA aspect of their claim, but haven't said what their new 'argument' is going to be (if any).

 

Consequently, if they're proceeding with this, then I've no idea what I'm supposed to be defending against - considering that they themselves have ruled out the act of legislation they originally cited on their Particulars of Claim.

 

Anyway, the Proposed Allocation letter states the following, and was wondering what to do next :-

 

 

"1. This is now a defended claim. The defendant (me) has filed a defence, (the 'a copy of which is enclosed' has been pen-lined out).

 

2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not appropriate for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

3. You must by 19 June 2013 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office (Northamption address) and service copies on all other parties."

 

Once again, thanks in advance for any advice and help.

[Andyorch]

Hi responding to your reported post.

 

The above simply signifies the claim is proceeding and now you must complete the DQ by the said date.You can expand on their u turn with regards the P.o.C within your WS after Allocation.

 

Regards

 

Andy

[thunderballs]

Couple of ambiguities about the form in question - it asks if I agree to the case being referred to Small Claims Mediation service, and whether I've included a fee with the form.

 

Firstly, I'm of the opinion that there's nothing to mediate about (not sure if anyone else feels if it's advisable I do mediate), and secondly, how much would any fee have to be?

 

Just looking for a bit of clarity for the moment.

[Andyorch]

I wouldl still embrace the mediation process irrespective as this shows willing to the court that you are open to an amicable resolution...which is encouraged by the Courts.With regards to the DQ fee only the Claimant pays that.

 

Regards

 

Andy

[thunderballs]

Weird development.

 

I did fill the Mediation form in, sent it to the relevant parties involved, and I never heard anything back from it (I still have a copy of the form).

 

Now, I've received a letter which states the following :-

 

"This claim has been transferred to the below CC for allocation (my local court).

 

On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.

 

Details of the judge's directions will be sent to you in a notice of allocation.

 

If you would like any further information, you can contact the local court directly, but please await the judge's directions.".

 

Just wanting to get an idea as to what happens now.

 

I should add that literally nothing has been received by me between the small claims mediation form and that letter as above (weeks apart).

 

Also, nothing from Drydens/Lowells after their acknowledgement that the CCA is non-applicable to mobile contracts, but that they're going to try and obtain the information I asked for anyway.

[dx100uk]

it just means because you are defending the claim

you are entitled to have the case transferred to your local court.

 

dx

[thunderballs]

it just means because you are defending the claim

you are entitled to have the case transferred to your local court.

 

dx

 

Bit annoying that this has happened - especially in light of DF's admission that they fumbled the PoCs.

 

They've never sent re-issued ones or told me on what basis they intend to continue the claim - they already know they can't use the CCA1974 they stated on their original PoCs (which I knew anyway).

 

In short, no-one from DF or the court has actually told me what their case is, or what it is I'm supposed to be defending myself against.

[DonkeyB]

If they ask to amend the PoC now that AQs have been completed, any decent judge will show them the door. You can ONLY answer the claim put to you.

 

What directions did you request in your AQ?

[Mike_hawk]

Nothing preventing you from filing the other sides admission with the court, it may assist the judge in directing the case.

 

Did its correspondence (regarding CCA) establish an alternative cause or does it just imply that it won't be relying on its original pleading.

[DonkeyB]

Nothing preventing you from filing the other sides admission with the court, it may assist the judge in directing the case.

 

Did its correspondence (regarding CCA) establish an alternative cause or does it just imply that it won't be relying on its original pleading.

 

Starting to look like a case for strike out as showing no cause of action (as admitted by claimant), rather than simply presenting the info to the court (though this would incur an application fee).

[thunderballs]

Nothing preventing you from filing the other sides admission with the court, it may assist the judge in directing the case.

 

Did its correspondence (regarding CCA) establish an alternative cause or does it just imply that it won't be relying on its original pleading.

 

No. Just what was said before - not only have they never stated an alternative cause, they've never even said they'd be taking one at all.

 

That letter I'd mentioned earlier in the thread (that CCA correspondence) is literally the last piece of direct correspondence I had from them.

[thunderballs]

Starting to look like a case for strike out as showing no cause of action (as admitted by claimant), rather than simply presenting the info to the court (though this would incur an application fee).

 

Oh, that possibility hasn't been lost on me.

[DonkeyB]

Sorry, thunderballs, my error – AQs have NOT been completed, just N180s DQs, for referral to mediation (which don’t require you to request anything).

 

You should have heard from the court or a mediator regarding this – my guess is that the claimant has put the kybosh on this.

 

In the meantime, and until you receive an AQ or other court direction, keep contacting your local court to see if the claimant has made any application to amend the PoCs. Wouldn’t put it past them to try and cut you out of the loop.

 

Probably best, and certainly cheaper, not to apply for strike out or proper directions until you get to the AQ stage. Then you can tie them in knots.

[Mike_hawk]

No. Just what was said before - not only have they never stated an alternative cause, they've never even said they'd be taking one at all.

 

That letter I'd mentioned earlier in the thread (that CCA correspondence) is literally the last piece of direct correspondence I had from them.

 

The only issue I can see is that the court may take a dislike to not being advised of a substantial change in position

 

Assume this proceeded to trial with neither party seeking relief, in the happy event you won what decision would the court make regarding costs? Two wrongs don't make a right for either party.

 

If it were me I'd want its admission poked under the judges nose with a short w/s stating the claimant has failed to identify cause contrary to CPR 16.4 and failed to seek relief to amend its statement of case contrary to CPR17.1

[Andyorch]

The only issue I can see is that the court may take a dislike to not being advised of a substantial change in position

 

Assume this proceeded to trial with neither party seeking relief, in the happy event you won what decision would the court make regarding costs? Two wrongs don't make a right for either party.

 

If it were me I'd want its admission poked under the judges nose with a short w/s stating the claimant has failed to identify cause contrary to CPR 16.4 and failed to seek relief to amend its statement of case contrary to CPR17.1