Lowell/cohen claimform - old orange mobile 'debt'***Claim Discontinued***

[dx100uk]

you can ignore the lowells letters they are std rubbish they send out

 

just get the N180 done

 

you don't need to format posts here

it just makes the post look stupid.

plain text is all you need

[Pepe2004]

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 .

[dx100uk]

removed..

[Pepe2004]

makes sense what you state above

[dx100uk]

sorry that file didnt post right..

your one is correct.

[Pepe2004]

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

[Pepe2004]

And i do not send a copy of mediation to Lowell just the court

[AndyOrch]

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

Unsigned

 

And i do not send a copy of mediation to Lowell just the court

Correct

 

Andy

[Pepe2004]

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

[Pepe2004]

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

[Pepe2004]

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

[dx100uk]

claim/debt is nothing to do with helix

they chase lemon payday loans

[Pepe2004]

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

[AndyOrch]

Shouldn't think its in any connection to your DQ...just a case of the ambulance chasers not knowing its being litigated.

[Pepe2004]

thanks will keep the post updated as soon as i hear back

[Pepe2004]

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 ...

[dx100uk]

has no bearing

[Pepe2004]

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 ??

[AndyOrch]

Points in red are all that concern you Pepe..in particular 8 & 11.

 

Oh and good luck to them on point 1:-)

 

Regards

 

Andy

[Pepe2004]

i am concerned about point 6 where they could contact me to settle the case via negotiation or narrow the issues .

[Pepe2004]

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

[AndyOrch]

Thanks Andy ,so 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 o make them sweat a bit ..as they have made me

 

Yes thats fine but have yours ready to go...if they have not complied with point 1 by the date stated or paid the fee by 4pm 11 July its a reasonable bet they wont be continuing and discontinue.

[Pepe2004]

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

[AndyOrch]

Yes wait to see if they pay the fee...but they have already failed to comply with point 1 of the Order .......Notices of Assignments and statements are irrelevant if there is no contract/ agreement....just because they are not regulated by the CCA1974 does not mean they are excused from submitting evidence ordered by the court.

 

Andy

[Pepe2004]

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