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Lowell Court Claim & Mediation

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Thu Sep 14, 2017 7:50 pm

Your Witness Statement MUST be with the Court 14 days before a final hearing date otherwise it's inadmissible.

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Re: Lowell Court Claim & Mediation

Post by sherinator on Sat Sep 16, 2017 4:45 pm

Hi,

I'm aware of the timescales.

I've been thinking of offering to pay 50% of the amount they're asking for and I'll pay it in one payment if they take the offer. With the strain on my mental health at the moment, and currently being signed off long term by my GP, I don't have the strength to make the journey to court (they chose one 60 miles away!) or fight it any longer. What do you think?

Thanks

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Sat Sep 16, 2017 5:16 pm

what do you mean 'they chose a Court 60 miles away', you as the defendant get to choose which Court it gets heard in, did you not nominate your local Court in the Allocation Questionnaire?

If you're going to make an offer then mark it 'Without Prejudice' so it can't be used in Court against you, but I suspect they'll reject the offer and say they want the full amount and for you to sign a Tomlin Order ( out of court settlement).

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Re: Lowell Court Claim & Mediation

Post by Jinxer on Sat Sep 16, 2017 5:45 pm

sherinator wrote:Hi,

I've check MCOL and it says that the claim was transferred to my local court on 4th August, yet I've heard nothing. Should I have had a court date by now or does it take a while?

Also, I'd like to apply to have the claim struck out, as they haven't complied with the CPR request, how do I do this?

Thanks.

Is your local Court 60 miles away then.

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Sat Sep 16, 2017 5:52 pm

So you haven't got a hearing date yet?  That's strange they don't usually submit a Witness Statement early, they usually wait until the last 14 days before a hearing.

As for the Court, as Jinxer rightly asks 'is your local Court 60 miles away'??

You apply using Court form N244, but you will have to attend a hearing to argue your case.

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Re: Lowell Court Claim & Mediation

Post by Jinxer on Sat Sep 16, 2017 6:52 pm

Sorry Tiggy I took that quote from the beginning of the thread. The Court date has been set for end of October, It's still concerning though that the Court is 60 miles away.

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Re: Lowell Court Claim & Mediation

Post by sherinator on Sat Sep 16, 2017 7:56 pm

Hi,

When filling out the forms, I chose my local court, giving the full address etc. However, when the hearing information and date came, they had a different court in another county!

I want to make an offer because I really can't go through all this any longer, my mental health is ruined and I was recently hospitalised after my wife saved me from a suicide attempt.

Thanks.

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Re: Lowell Court Claim & Mediation

Post by Jinxer on Sat Sep 16, 2017 8:22 pm

I don't know for sure but if you included some sort of letter from your doctor about your mental state you could use compos mentis as part of your defence. Don't give up now you've come to far. If they haven't got the documents you asked for and you can't remember having money from them how are they going to convince a Judge. There must be a form to file to move the hearing to your nearest County Court.

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Re: Lowell Court Claim & Mediation

Post by man on Sat Sep 16, 2017 8:50 pm

sherinator, if you can't take the stress then do a deal with Lowell. You can offer them £5 a month. They have to accept if that's all you can pay. Then the stress immediately goes away.

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Re: Lowell Court Claim & Mediation

Post by Tiggy on Sat Sep 16, 2017 10:45 pm

This is only a debt, it's really not worth making yourself sick over. You have to do what's right for you and if that's making an offer, then yes do it.

If you do decide to continue, you must ring the Court and tell them that a mistake has been made and that the case has been allocated to the wrong County Court !!

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Re: Lowell Court Claim & Mediation

Post by sherinator Today at 11:02 am

Thought I'd share the good news:

Lowell have dropped the court claim against me! Hopefully now I will be able to start recovering mentally, but it's a long road. Still, it's a weight off.

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Re: Lowell Court Claim & Mediation

Post by Jinxer Today at 11:33 am

I am so glad for you, concentrate on your health now and forget about this problem it's gone.

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Re: Lowell Court Claim & Mediation

Post by LionsShare Today at 11:44 am

Great news hope all goes well!
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Re: Lowell Court Claim & Mediation

Post by actinglikeabanker Today at 12:13 pm

Well done sherinator cheers, try to keep a copy of everything for future reference.

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