When do you admit defeat regarding a court Claim?

[Gunnerb12]

Bw legal have now filed documents at a local court, following a request by the judge.
To my untrained eye, it appears I owe the money
Via this website i put in a defence before xmas
Is it possible to have your professional opinion
I haven't spoken to bw legal, as I notice all calls are recorded.
The debt is with shop direct, under a 1000 pounds,
I am intrigued how best to move forward
Regards

[pt2537]

Re: When do you admit defeat regarding a court Claim?

Bw legal have now filed documents at a local court, following a request by the judge.
To my untrained eye, it appears I owe the money
Via this website i put in a defence before xmas
Is it possible to have your professional opinion
I haven't spoken to bw legal, as I notice all calls are recorded.
The debt is with shop direct, under a 1000 pounds,
I am intrigued how best to move forward
Regards

Hi there

Can you perhaps let us have some more details about the case? Ie when was the account opened? Have you been sent a Default notice etc, as much info as you can give would be great

[Kati]

Re: When do you admit defeat regarding a court Claim?

Link to previous thread - http://legalbeagles.info/forums/show...r-your-welcome

Why give up [MENTION=84277]Gunnerb12[/MENTION]?? There's no reason why you can't carry on defending now and come to an agreement prior to your day in court if that's what you want to do. Just because they have filed documents with the court doesn't mean the debt is enforceable or that you are going to lose!

The PoC stated

Particulars of Claim
By an agreement between Express Gifts T/A Ace & the Defendant dated 18/08/2008 (the agreement) Express Gifts T/A Ace agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the claimant.
THE CLAIMANT THEREFORE CLAIMS 1.785.28

Did you send a CCA and a CPR request (cca for a copy of the agreement and cpr for docs mentioned in the PoC)? Did you get a response?
Your previous thread was back in April last year ... have you had a Directions Questionnaire? What have they sent to the court that makes you feel that you should admit defeat?

I'll tag [MENTION=2]Celestine[/MENTION] and [MENTION=55034]nemesis45[/MENTION] (who both commented on your previous thread) and also [MENTION=87380]Diana M[/MENTION] (who is online now) for assistance xx

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Hi there

Can you perhaps let us have some more details about the case? Ie when was the account opened? Have you been sent a Default notice etc, as much info as you can give would be great

beat me to it PT :lol: (see my post #3) xx

[pt2537]

Re: When do you admit defeat regarding a court Claim?

beat me to it PT :lol: (see my post #3) xx

Tooooooooo sloooooooooooooooooooooooooooooooooow

[Diana M]

Re: When do you admit defeat regarding a court Claim?

Link to previous thread - http://legalbeagles.info/forums/show...r-your-welcome

. . . . I'll tag @Diana M (who is online now) for assistance

I did look at that other thread which was for an old Express Gifts debt with Mortimer Clarke as solicitors for Cabot.

This thread appears to be for a Shop Direct catalogue debt with B W Legal as solicitors.

So I decided to wait for the OP to clarify things.

Bw legal have now filed documents at a local court, following a request by the judge.
To my untrained eye, it appears I owe the money
Via this website i put in a defence before xmas
Is it possible to have your professional opinion
I haven't spoken to bw legal, as I notice all calls are recorded.
The debt is with shop direct, under a 1000 pounds,

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Many thanks

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Good points, I was feeling rather defeated earlier on, I don't know what came over me.
Details to follow, I am having some trouble pressing buttons, to post
Regards

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

This is a new debt, which is in my wife's name.
As your colleague eluded it is a shop direct claim represented by bw Legal
I defended claim before xmas with the help of your template.
We agreed mediation, then it was transferred to a local court, with directions, because there was no details of Assignment etc
I have now received various documents, perhaps my feelings, explained my temporary defeatist attitude, sorry.
As I am not that computer literate, I was wondering whether to upgrade for 15 pounds, uploading documents, rather than posting them
However, my concern is when do you make contact, regarding an offer. It is surprising to me that as to save costs that I might be able to negotiate a discount.
There are other points, to make, but I just wanted to thank you for your interest and concern.

[Diana M]

Re: When do you admit defeat regarding a court Claim?

This is a new debt, which is in my wife's name.

. . . I have now received various documents, perhaps my feelings, explained my temporary defeatist attitude, sorry.

No need to say sorry. You had a wobble - we all do that at times.

Defendants often think it's 'game over' when documents arrive, when in fact the game may have only just begun

You need to run forensics over the paperwork before running up a white flag.

You say the claim was transferred to a local court "with Directions" . Does this mean you've received a Notice of Hearing with a Trial date set and your (your wife's) next predicted task will be to file a Witness Statement by a certain deadline?

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

As follows
General Form of Judgment or Order
IT IS ORDERED THAT
1 Allocate to Small claims Track.
2 Claimant must by 4pm on 01/02/17 send to the court and the Defendant copies of the following documents in default of which the claim will be struck out:
a The notice of assignment referred to in the statement of claim
b The assignment
c A copy of the agreement referred to in the statement of claim
d A statement of the account
3 This Order has been drawn without notice to the parties. A party affected by this order may apply to have it serves aside or stayed within 7 days of this Order on them
I think this is what I have received Today!
Regards

[Diana M]

Re: When do you admit defeat regarding a court Claim?

As follows
General Form of Judgment or Order
IT IS ORDERED THAT
1 Allocate to Small claims Track.
2 Claimant must by 4pm on 01/02/17 send to the court and the Defendant copies of the following documents in default of which the claim will be struck out:
a The notice of assignment referred to in the statement of claim
b The assignment
c A copy of the agreement referred to in the statement of claim
d A statement of the account

An obvious question - did the Claimant comply with item 2 (a) (b) (c) and (d) of that Order which clearly stated (ordered) that they should disclose named documents by 4 pm on the 1/02/17 (last Wednesday) or the claim would be struck out?

Personally I'm a little bit excited by item 2 (b) of the Order but I'll hold fire on my reasons for that for now

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

The letter to the Court Manager was dated 1st Feb 2017

Do I ring Tomorrow? I take your point
Copy of letter as follows
The assignment is as follows
Dated 16.02.2014
Dear Mrs ....
We hereby give notice of the assignment of the debt due to usome from you in respect of the balance of £600 isherwood outstanding on your Shop Direct Finance Company ( previously known as Littleworth Finance Company) Retail Brand Account.
On 05 December 2014 your account was legally assigned to Lowell Portfolio Ltd as such any further communications and payments regarding the above account (s) must now be addressed to
Lowell Portfolio l Ltd
Ellington House
9 Savannahs Way
Leeds
LS 10 1AB
Then there is another letter introducing Lowell
Hope that helps

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Sorry I did not proof read it, it is littlewoods!
Apologies

[Diana M]

Re: When do you admit defeat regarding a court Claim?

As follows
General Form of Judgment or Order
IT IS ORDERED THAT
1 Allocate to Small claims Track.
2 Claimant must by 4pm on 01/02/17 send to the court and the Defendant copies of the following documents in default of which the claim will be struck out:
a The notice of assignment referred to in the statement of claim
b The assignment
c A copy of the agreement referred to in the statement of claim
d A statement of the account
3 This Order has been drawn without notice to the parties. A party affected by this order may apply to have it serves aside or stayed within 7 days of this Order on them
I think this is what I have received Today!

Can you confirm the date on that Order?

You say you only received it today but it orders disclosure by last Wednesday's deadline (if I've not misunderstood the dates).

Item 2 (a) refers to the Notice of Assignment.

Item 2 (b) refers to the Assignment which I hope means the Deed of Assignment.

The Claimant has to produce everything on the DJ's wish list to comply with that Order and avoid the claim being struck out. The Order specifically says the Claimant must send copies to the court not just to the Defendant.

So call the court to see if the Claimant had sent them everything on the list by last Wednesday (assuming you've got the dates right).

Di

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Hi just got in
Will confirm asap
Many thanks

[Gunnerb12]

Re: When do you admit defeat regarding a court Claim?

Hi its me again
I have taken a few minutes to study the
Genteral Form of Judghent or Order
Here goes !,
I have copied the order exactly, EXCEPT for a computer cliché.
1a should read. ' The notice of assignment of the debt.'
and not with added- referred to in the statement of claim.
that should only have appeared in 1c.!
Again I repeat everything else is correct, no mention of Deedof assignment
His letter is dated 1st Feb. 2017
I suppose he could have faxed It!
When you read his evidence, it makes me feel very * guilty* and my defence is entirely devoid of merit, and is liable to be struck out.!,
Thanks
Kev