Lowell (Orange) v LifeOfRyan **SET ASIDE**

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Ok so you'll pm him. Then Andrew? Thanks mate......

[ATW]

Re: Court Claim from Lowell - Orange Contract

They have said they will put it on hold whilst they get the docs hes asked for. From what i understand he asked for an extension of time under CPR 15.5 for 28 days. They have said enough to agree to that or at least to raise an issue to fight over. If he writes to the court and says that they agreed an extension for 28 days whilst they are getting the docs then that will block a default judgment. If they want to dispute that they will have to apply which is more hassle and expense for them. If he sends them a copy of the letter that he sends to the court (that i will PM him) then he is taking the initiative away from BW and giving himself a better bargaining position.
If he doesn't agree then he can ring them back and ask for a specific date for the defence to be extended to subject to having received the docs by then but i think as a LIP hes done enough already.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Andrew we did a letter of offer and CPR15.5 already but they're ignoring it (delaying)....

[ATW]

Re: Court Claim from Lowell - Orange Contract

I cant call as i am not on record so they wont speak to me.
I would write to the court and say that an extension has been agreed and that they are getting documents to support the claim. That will be enough to block them getting judgment in default. Its not his fault if he assumes as a litigant in person that another 28 was granted.......
Send a copy to BW.
If they have not sent anything and you have less than 14 days left for the defence then you can threaten an application along with a request for costs due to unreasonable conduct in not having disclosed documents that you need either before issuing or with the claim form. That will make it expensive for them and they might drop the claim or be more inclined to accept a low offer to get rid of the hassle. The request for an extension and for documents sets up a potential future stress point for them where settlement or them going away becomes more likely.

[ATW]

Re: Court Claim from Lowell - Orange Contract

When you get the statement of account it should give a better idea of how the amount claimed has been calculated and potentially give you some ammo for an offer of settlement. Its better all round it this can be settled though because they will be able to claim the ever increasing court fees from you on top of the debt if they win at trial but on the other hand they cant claim for sending an advocate to the final hearing at your local county court so may end up paying someone more than they are claiming. With that in mind a settlement now suits you and them.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Just rang BW, they said they will send a statement out,did ask for an extension under CPR 15.5 they said as they are sending out a statement of the breakdown that will put the the account on hold anyway.

no it won't!! Speak to Andrew and see what he says - you did the AoS so you have 28 days - but as of now the extension needs properly sorted so we may have to look at doing a CPR15.5 separately.....

In fact I'll ask Andrew to call BW for you as that might be best, he should be able to get them to see sense here. Hold fire.....

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Just rang BW, they said they will send a statement out,did ask for an extension under CPR 15.5 they said as they are sending out a statement of the breakdown that will put the the account on hold anyway.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok mate thanks will give them a call in a mo

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Thank You ATW I will get him to look in

[ATW]

Re: Court Claim from Lowell - Orange Contract

You can't give them £370.00. They have not explained how or why they are entitled to it. If I asked you for £370.00 I would expect an unpleasant reply. Ask them on the phone for a breakdown of the amount being claimed. Also ask for an extension whilst they give you that extension. Remind me tomorrow and I will knock up a defence for you if they are being awkward. we will make it expensive for them. Do remind me though and I will do it during my lunch break.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok thanks alot mate cheers

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

I'll sort cpr15.5 for you this weekend.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok that makes sense, will be interesting to see how they calculated the sum. Bit unsure how to go about applying for CPR 15.5 I would have thought by letter, but with the limited time at the moment with three days left i doubt they will respond that quickly, and will they reason with me on the phone is that even wise? I don't know as i've never done anything like this before.

[ATW]

Re: Court Claim from Lowell - Orange Contract

CPR 15.5 allows you to agree a further 28 days i.e up to 56 days from the date of service. If they refuse tell em you will apply for docs and further information on how the sum claimed has been calculated and for an extension all at the same time and will argue that due to their unreasonable conduct they should pay your legal fees for that. Make it a right pain for them and they might take less to get rid of you or drop the whole thing. You may well identify a decent defence too if you dig about a bit.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok I assume I would need that in writing but I only have 3 days left of my 28 day AoS extension and i cant see them replying to me that quickly since they ignored all my other letters