Lowells claimform - O2 debt - Airtime and phone credit agreement***Claim Discontinued***

[Andyorch]

Why would Lowells send a letter stating they had never received the order....did they send the letter after the courts reminder of the 7th ?

[Hadituptohere]

It was just what the courts have told me over the phone by the clerk.. the first clerk told me they had wrote to the courts asking for more time collecting the information, this morning they had contactes the courts saying they hadn't recieved the court order ???? 

 

Hadituptohere 

Edited May 16, 2019 by Hadituptohere

[Andyorch]

Cloak and dagger smoke and mirrors...ask them to strike out and stop allowing unfair leniency towards the claimant. 

[Hadituptohere]

Just got back home and Theres been a parcel attempt deliver .. not expecting anything so guess it's from lowlifes... do i have to request/apply for  a strike out? 

[Andyorch]

It depends check the court order....on most it finishes that if either party fail to comply with the order the court will strike out either the claim or defence with the courts own initiative.

[Hadituptohere]

Can't recall it saying that but I wasn't allowed until they 15th for an amended defence.. they parcwl wasn't even for my address so it's not paperwork from lowlifes.. I typed the order word for word in the above posts..

 

hadituptohere 

[Andyorch]

Possibly not then...given that it was an Order and not a Direction

[Hadituptohere]

So it's a case of me contacting lowlifes to see when their particulars of claim are going to be sent as advised by the clerk?

 

Hadituptohere 

[jotty]

I’d be tempted as advised above to apply to the court for it to be struck out as it will then compel either the court or Lowell to get their act together. Seems you have done all thats expected and should be doing the courts work for them.

[Andyorch]

40 minutes ago, Hadituptohere said:

So it's a case of me contacting lowlifes to see when their particulars of claim are going to be sent as advised by the clerk?

 

Hadituptohere 

 

Absolutely not...its not your job to chase the claimants up to comply with orders....dont do anything now its between the claimant and the court.....hopefully the court will become efficient and decide to catch up and strike it out anyway....its not hurting you as it is now......if anything write to the court and explain that you have not submitted a further defence as the claimant has failed to comply with the court orders and therefore pursuant to CPR 3.3 you request that the court strike out the claimant's statement of claim

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.3

[Hadituptohere]

Thank you for the advise I'll get that done tomorrow and hand a copy to the court, should i send a copy to the claimant too? (And my copy) 

 

 

Haditupthere 

[Andyorch]

I wouldn't let the court deal with it.

[Hadituptohere]

I've been into the local County Court and requested as advised as strike out under CPR 3.3, unfortunately there's now no office to had documents to but left in the mailing box for Monday, returned home to a letter from lowlifes asvisong their Client has instructed to discontinue this claim along with the Notice of Discontinuation to the Court dates the 11th May 2019 .. 

 

Hadituptohere 

Edited May 17, 2019 by Hadituptohere

[Andyorch]

Excellent ...thread title updated.

 

Regards

 

Andy

[Hadituptohere]

Thank you everyone for your help .. still got lowlifes sending me letters for two further O2 accounts.. sure there's more to come

 

Hadituotohere 

[Hadituptohere]

Is it possible to go for wasted costs ?

 

Hadituptohere

[Andyorch]

No CPR 38 is not applicable to small claims track

[Hadituptohere]

Shame but thanks Andyorch and everyone for the advise.. appreciated muchly..

 

Hadituptohere 

Edited May 20, 2019 by Hadituptohere