Lowell/? claimform - old jdw cat 'debt'***Claim Discontinued***

[toshyboy]

Well anyone can download a DQ.....but unless the court send it, the claimant has not notified the court to proceed.

 

Andy

 

Do you think it's just bully boy tactics then??

[Andyorch]

Not sure.....I really cant see what they hope to achieve by sending a false DQ...you can only go off what the court has stated...lets hope that is fact and that they have not sent yours and gone AWOL.

[toshyboy]

Seemed strange to get a reply to 2 month old cca request on same day too

[Ford]

as you mentioned it in your defence, woke them up

[toshyboy]

Hi guys

 

Further to the above matters have now progressed, and I could do with a bit of advice.

 

A hearing date has been set, and we have been asked to exchange witness statements

 

As things stand, Lowell have still not provided a credit agreement or a response to the cpr request.

 

I was just wondering if it was madatory for my mum to attend the hearing as the defendant.

 

 

She does have a tendancy to get confused, with matters such as this, which is why I've dealt with this on her behalf, and will be attending myself.

 

 

The worry would be that if she is in attendance the judge may address her direct, despite my presence as her "litigation friend"

[dx100uk]

Use the search cag box top red toolbar

Witness statement cat debt

[Andyorch]

Hi guys

 

Further to the above matters have now progressed, and I could do with a bit of advice.

 

A hearing date has been set, and we have been asked to exchange witness statements

 

As things stand, Lowell have still not provided a credit agreement or a response to the cpr request.

 

I was just wondering if it was madatory for my mum to attend the hearing as the defendant.

 

 

She does have a tendancy to get confused, with matters such as this, which is why I've dealt with this on her behalf, and will be attending myself.

 

 

The worry would be that if she is in attendance the judge may address her direct, despite my presence as her "litigation friend"

 

Also dont forget to do your disclosures along with your witness statement/exhibits. With regards to your mum as she is the named defendant she must attend...but if you speak /write to your county court and request permission in advance then you can guide and speak on behalf of her...prompt her what to state...etc

 

Andy

[toshyboy]

cheers Andy

 

Can I just clarify what I mean by disclosures?

 

 

I was under the impression it was just witness statement and relevant exhibits??

 

Cheers

[dx100uk]

correct

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?64530-What-is-standard-disclosure

[Andyorch]

cheers Andy

 

Can I just clarify what I mean by disclosures?

 

 

I was under the impression it was just witness statement and relevant exhibits??

 

Cheers

 

And anything you have referred to in your defence or witness statement (CPR 31 and CCA request ...any responses) your exhibits are attached to your witness statement and are also included in standard disclosure

[toshyboy]

Cheers guys - everything gone in now from our side

 

Still not had any witness statement from Lowell, and the hearing is 15 days away

 

Am I right in thinking I can get the claim threw out, if nothing received by tomorrow??

[Andyorch]

You can report them to the court for failing to comply with Directions and ask the court to impose sanctions...if they have not filed anything with the court either then they are forbidden to rely on any written evidence...so I would expect a Notice of Discontinuance shortly.

[toshyboy]

You can report them to the court for failing to comply with Directions and ask the court to impose sanctions...if they have not filed anything with the court either then they are forbidden to rely on any written evidence...so I would expect a Notice of Discontinuance shortly.

 

Had a letter from Lowell this morning confirming they have discontinued

 

Thanks for your help guys

[dx100uk]

yes!

 

 

well done!!

 

 

dx

[Andyorch]

Thread title amended to reflect the outcome

 

Well done

 

Andy

[Andyorch]

Thread title amended to reflect the outcome

 

Well done

 

Andy

[reallymadwoman]

Had a letter from Lowell this morning confirming they have discontinued

 

Thanks for your help guys

 

Well done, however a note of caution - unless the court confirms the claim has been discontinued DO NOT rely on that letter!

It would certainly be worth checking with the court just in case.