Lowell claimform - old EON Util Bill ***Claim Discontinued***

[Andyorch]

Yes that's correct so you have only received Proposed Notice of Allocation......next  will be N157

[spesh88]

Just had a letter drop through the letterbox with a single page "Notice of Transfer of proceedings" That says to "read accompanying documents carefully" (there are none) and note where the "enclosed allocation questionnaire" (not enclosed) should be returned to!

[Andyorch]

Ring the court that sent it....you have already submitted your DQ.

 

 

 

.

[spesh88]

Thanks Andy.

 

Spoken to them again and they confirmed:

• It's just to notify me of the transfer to my local county court and there shouldn't have been anything enclosed.
• Confirmed my DQ already received and filed by CCBC
• It's with the judge today to progress - it will probably be a couple of weeks before I hear anything.

[Andyorch]

N157 Notice of Allocation next....

[spesh88]

Received a letter on Tue 18th May (I've been away) dated 13th May. Some key points replicated below. I guess the ball is in their court!

 

General Form of Judgement or Order

 

IT IS ORDERED THAT

 

1. Particulars of claim fail to comply with CPR16.4

2. The claimant shall file at court and serve on every party a further statement of case by 4pm on 8th June 2021. This must:

 

- set out a concise statement of facts upon which the Claimant relies.

- set out a coherent set of facts, which, if true, disclose a legally recognisable claim against the Defendant.

- have attached a copy of the written agreement on which the claim is based.

 

3. if the Claimant fails to comply with para 2, the claim to stand struck out without any further order of the court.

 

4. In the event of the claimant complies.... defendant to send court and claimant updated defence by 22nd June 2021.

 

5. Court has made an order without a hearing..... The parties attention is drawn to the right pursuant to CPR3.3 (4) and (5) to apply to have it set aside, varied or stayed within seven days of the due date of service of this order.

 

Dated 4th May.

Edited May 20, 2021 by spesh88
typos

[Andyorch]

On 11/02/2021 at 15:35, Andyorch said:

Well its obvious its a Utility debt (EON)...but the claimants particulars are vague sparse to say the least. No dates of the service agreement...no debt details or dates. Is it electric or Gas ?  who knows could be anything.

 

The only date they provide is when it was sold to them.12/07/2019.

 

Your defence is due 15th Feb ?

 

As I had previously stated...the court agree with the defence its hardly CPR 16.4 compliant 

Mark that date down ( 8th June 2021) and check with the court before 4.00pm

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4

[spesh88]

Will do, thanks Andy

[spesh88]

Received a letter late last week from Lowell stating their client has instructed them to discontinue. Included was a copy of the notice of discontinuance to the court. This morning I spoke to the county court and they confirmed it was discontinued on 21st May.

 

Thanks all for your help and advice. Another donation incoming

[Andyorch]

 .....Topic title updated...well done.

 

Andy

[dx100uk]

well done..

 

lowell are getting quite predictable now on this old util bill debt claims.

 

dx