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

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

No further replies from BW Legal all we know is they have put it on hold hoping to prove there claim think now is time to apply for strike out Niddy as they have more than enough time to prove it which to date they have not ?

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Did this get settled and all sorted then?

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

I will cobble something together for you. I cant really see why they are pursuing this and am surprised they havent settled. Its seems like a right old waste of time for them.

Ok thanks mate. I don't quite see their logic either but i wish they'd stop dragging it out as this could have been settled months ago if they wern't being so difficult and incompetent.

[ATW]

Re: Court Claim from Lowell - Orange Contract

I will cobble something together for you. I cant really see why they are pursuing this and am surprised they havent settled. Its seems like a right old waste of time for them.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Ok I'll let Andrew know......

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Still heard nothing from them about the offer

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

No nothing they said they would call back as regards to son putting offer to them again but never did not sure what they are hanging out for a summary judgment maybe? will contest if they do as still not proved debt and had no regard for cpr 15.5

Can we not get a strikeout now? as we have played by the rules and still they have disregarded the offer, CPR and not proved it is owed.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Have they got back to you on the offer mate? Andrew's away till Monday so we'll chase him then....

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Any update on the draft mate?

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

ATW

Thank You

[ATW]

Re: Court Claim from Lowell - Orange Contract

They do it because they issue claims in bulk and dont read what is sent to them. Nomura v Granada might be helpful to us- claim struck out for abvuse of process for issuing when the Claimanty didnt have the documents it needed. http://www.bailii.org/ew/cases/EWHC/Comm/2007/642.html
i wil draft an applicaiton over the bank hols.

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

ATW

Yes please an outline would be great, I have explained the importance of CPR to my son.

I just do not want them getting a default judgment.

Why do creditors dish out N1 without prove of debt first? it would save so much court time if they had to prove it owed first.

Thank You

[ATW]

Re: Court Claim from Lowell - Orange Contract

have they got back to you about the offer yet? I appreciate that they say they will put matters on hold but they are not permitted by the CPR to do what they are doing. CPR 15.5 gives limits to an extension between parties and you are now outside of those limits. The threat of an application with a request for costs due to unreasonable behaviour might make them take your offer more seriously. I can do an outline for you if you want to try that approach.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok just got off the phone, they said the account will definitely remain on hold until they are able to comply with my request for documents, I told them the offer does still stand and she is going to her colleague with it and is going to get back to me on that one

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok gonna ring em now and go for option 1