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Received court claim forms from bw legal/ lowell portfolio

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  • #61
    Re: Received court claim forms from bw legal/ lowell portfolio

    A consent order is an order by consent. There is no obligation to sign it and as such there can be no penalty. You only sign it if you agree. If you don't agree then it would be foolish to sign it.

    If you don't sign it the case is still live although as they wish to discontinue that would appear to be a bigger problem for them than you.

    M1

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    • #62
      Re: Received court claim forms from bw legal/ lowell portfolio

      Hello everyone,
      Just giving an update!
      I sent a letter to the court giving it an update as of 19/05/2014 what I had received from the claimant.
      I informed the court that I had received a cheque of £80 for the costs as ordered but had still not received the documents as ordered by the court from the claimant.
      Informed the court that the time by which those documents should have been delivered as by the order, had expired and that even as of 19/05/2014 the situation regarding the documents had not changed since the court hearing ( as confirmed by BW Legal ).
      On the 21/05/2014 I received by post the Consent order form from BW Legal which I signed and posted back to them on 23/05/2014.
      On the 02/06/2014, I rang the court to find out whether they had received any communication or documents from the claimant, the lady I spoke to said she could not see any thing on the system and said that I should call again after a few days to see if any thing had come through as they were having backlogs.
      On the 09/06/2014, I called the court again to check if they had any updates. the lady informed me that they had received my letter and it had been put before a Judge and will be receiving a reply in a few days BUT had not received any thing from the claimant or could still not see anything on the system from BW legal/Lowell.
      I then rang up BW Legal to find out what was happening that same day.
      I spoke to a gentleman who was handling the case, who informed me that they had filed the papers in court on the 28/05/2014 but asked me to leave it with him to find out what was latest and would get back to me.
      I informed him that I had been in touch with the court and that they didn't seem to have received an communication from them.
      I asked him to send me an email confirming that they had filed the application with the court because the case was still alive and the deadline for my filing a defence was looming closer and wanted to have evident that they had taken action.
      JUST A NOTE, when I signed the consent order I agreed that there would be no costs.
      QUESTION1, in case they didn't file the consent order and are trying to run down my clock for filing a defence, can I invalidate that consent form due to the fact that they did not file it in time and then I lodge a new application in court with costs for their failure to comply to the original court order?
      BECAUSE today 12/06/2014, I have received a reply from court.
      It Reads:
      In the County Court at XXXXXX
      Claim number XXXXXX
      Date: 11 June 2014

      LOWELL PORTFOLIO 1 LTD 1st Claimant
      Me 1st defendant

      Before Deputy District Judge XXXXXXX sitting at the County court at XXXXXXXX address XXXXXXX
      upon reading a letter from the defendant dated 19 May 2014 concerning documents
      IT IS ORDERED THAT
      1. If the defendant wants the court to make any further orders including an extension of time for filing and serving any defence from 14 June 2014 a formal application is required to be made before 14 June 2014.
      Dated 3 June 2014.

      Please any advice as to the follow up to the latest development?
      My filing date deadline is 14/06/2014
      Thanks all for all the help

      Comment

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