Urgent Advice Please BW Legal - Lowell & County Court Claim

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

If you are concerned about divulging an email address most ISP's let you set up several and people like yahoo let you have aliases. Most people I know have one email address for friends and family, regular stuff and another for things like forums , registering for free websites etc,

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I am loath to contact bwlegal by phone as I have never acknowledged any debt by phone or post and as I have mentioned in earlier posts I suffer from social anxiety disorder.

Normally we'd always say everything should be in writing and by post rather than email, however, with court claims where you haven't received documents and the deadline for filing your defence is fast approaching, most people do chase up by email and/or phone in order to save time. It all depends on how much time you've got before your deadline, as Amethyst says here:

Requesting an extension is best dealt with on the telephone, however you can email or write to the claimants solicitors, depending how much time you have.

There's no need to worry about acknowledging the debt at this stage, for limitation purposes, the clock gets reset when a claim is issued.

I was hoping not to have to reveal my e-mail address to them but appears I may have no other option.

Yes, there is, you can set up free email addresses in various places such as mail.com and mail2world.com as well as the usual Hotmail accounts.

Sorry to ask for things to be spelt out for me but do I now HAVE to e-mail bwlegal chasing CPR 31.14 request and is there a template letter on the site for this or suggested wording for the e-mail content?

There is an example here: http://www.legalbeagles.info/forums/...350#post452350

Do I need to contact the court yet by e-mail as I acknowledged service electronically or wait until I have a reply from bwlegal?

Not yet, only if they agree to an extension, then you need to inform the court as noted here: http://www.legalbeagles.info/forums/...322#post452322 If they refuse to agree to an extension, then you don't need to contact the court but you need to make sure you file a defence before your deadline (33 days from date printed on claim). :typing:

Can you please explain what CPR 15.5 is to me? Thanks again for everyone's advice.

CPR stands for Civil Procedure Rules, basically the rules that set out the whole court process and that everyone has follow when issuing or responding to a claim. Part 15 of the Civil Procedure Rules refers to filing a defence. Rule 15.5 refers to the parties agreeing to an extension to file a defence, you'll find it all here: https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you everyone for your help. I have as suggested created a new e-mail address to specifically deal with this matter. I have just e-mailed bwlegal to ask for an extension and have an electronic receipt of my e-mail in my in-box. Given that I need to submit my defence by 24/7/2015 how long should I leave it before I chase them again or is that not necessary now I have sent one chaser?

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

I would say no need to chase again but include their lack of response in a generic defence. There are examples on here of these. If you pm flaming parrot I am sure they can point you in the right direction. I will get pecked to death for passing on work :-)

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you everyone for your help. I have as suggested created a new e-mail address to specifically deal with this matter. I have just e-mailed bwlegal to ask for an extension and have an electronic receipt of my e-mail in my in-box. Given that I need to submit my defence by 24/7/2015 how long should I leave it before I chase them again or is that not necessary now I have sent one chaser?

You've still got a week left so I'd say you could send another chaser, along the lines of "I was wondering whether you have received my previous email as below..." and include the text of your first email. With emails there's always the excuse that they didn't receive them, spam folder, system glitch, mailbox full, dog ate it, you get the picture. :lol:

I would say no need to chase again but include their lack of response in a generic defence. There are examples on here of these. If you pm flaming parrot I am sure they can point you in the right direction. I will get pecked to death for passing on work :-)

You will get an invoice from me followed by a claim! :wof:

On a more serious note, this is where the example defences are, based around not having received any documents: http://www.legalbeagles.info/forums/...t-Court-Claims

If I read it correctly, payments were made in late 2009 so not SBd.

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you for further guidance - have today sent a second e-mail to bwlegal to chase my e-mailed request for an extension to submitting my defence which was sent 16/7/2015. I have to submit my defence by Sunday 26/7/2015 so working on the fact that it should be sent by Friday 24/7/2015. Is this correct? If I do not hear from bwlegal I understand that I need to submit a generic defence based on the fact that no reply to CCA request or CPR 31.14 request and that this should be printed in hard copy form and sent to the court by special delivery royal mail to ensure the court receive this on Friday 24/7/2015? Alternatively, if bwlegal agree to extension I can e-mail the court with this information?

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you for further guidance - have today sent a second e-mail to bwlegal to chase my e-mailed request for an extension to submitting my defence which was sent 16/7/2015. I have to submit my defence by Sunday 26/7/2015 so working on the fact that it should be sent by Friday 24/7/2015. Is this correct?

Yes, it is to be on the safe side. A couple of posters on here submitted their defences yesterday when they were due on Saturday as it was the weekend, etc. however, I wouldn't recommend it, better to be safe than sorry and ensure they can't request default judgment. :scared:

If I do not hear from bwlegal I understand that I need to submit a generic defence based on the fact that no reply to CCA request or CPR 31.14 request

Yes, you'll find example generic defences based around no documents received here: http://www.legalbeagles.info/forums/...t-Court-Claims

and that this should be printed in hard copy form and sent to the court by special delivery royal mail to ensure the court receive this on Friday 24/7/2015?

Not necessarily, if the claim was issued through MCOL and you've acknowledged it online, you should be able to log in again and submit your defence also online. Alternatively, if you have any problems with MCOL, it can be sent by email to the court. :typing:

Alternatively, if bwlegal agree to extension I can e-mail the court with this information?

Yes, as noted here: http://www.legalbeagles.info/forums/...322#post452322 :thumb:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I received court claim through post but acknowledged service by e-mail so does that mean I can submit my defence on Thursday 23/7/2015 by e-mail if no response received from bwlegal?
Thanks for speedy reply

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I received court claim through post but acknowledged service by e-mail so does that mean I can submit my defence on Thursday 23/7/2015 by e-mail if no response received from bwlegal?
Thanks for speedy reply

In a word, YES. Even though claims are submitted electronically by the claimant, service of claim forms is always by post, however, you can respond to a claim by post, email or online on the MCOL website.

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

No automated reply from bwlegal today so unsure as to whether or not their e-mail is working. Have sent one e-mail and got automatic e-mail receipt and sent one chaser today so hoping that is all I need to do or is a third chaser before Friday required? Have checked my credit report and default date on this loan is 10/12/2009 so not sure if last payment was 3 months prior to this or if November 2009 was last payment date - if July 2009 was last payment date would this make a difference? I thought if no acknowledgment made to debt and 6 years had passed from first missed payment then case would be statute barred but if I understand correctly from one of your earlier posts you stated that once a court claim was issued the clock was reset but I don't understand this if the debt has not been proven or acknowledged? Apologies if I am rambling on. If I do not hear from bw legal by Thursday 23/7/2015 I am intending on submitting my defence to the court by e-mail or by accessing MCOL and submitting it via that method - which do you think is the preferred method? Many thanks again.

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

The SB clock starts when the loan or card has been terminated and the bank can demand the whole balance or when the last payment was made whichever is the latter. Debt purchasers get the minimum of info so are unlikely to know this date and often issue claims in the hope we don't know what to do..

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

No automated reply from bwlegal today so unsure as to whether or not their e-mail is working.

Automated replies don't always work.

Have sent one e-mail and got automatic e-mail receipt and sent one chaser today so hoping that is all I need to do or is a third chaser before Friday required?

If you don't hear from them you can just file the generic defence.

Have checked my credit report and default date on this loan is 10/12/2009 so not sure if last payment was 3 months prior to this or if November 2009 was last payment date - if July 2009 was last payment date would this make a difference? I thought if no acknowledgment made to debt and 6 years had passed from first missed payment then case would be statute barred but if I understand correctly from one of your earlier posts you stated that once a court claim was issued the clock was reset but I don't understand this if the debt has not been proven or acknowledged?

Probably not if it was as late as July. Basically the clock starts to run after you first miss a payment, not on the last payment date. It stops on the day a claim is issued, you'd need six clear years without payment or written acknowledgment between the two events for it to be SBd.

Apologies if I am rambling on. If I do not hear from bw legal by Thursday 23/7/2015 I am intending on submitting my defence to the court by e-mail or by accessing MCOL and submitting it via that method - which do you think is the preferred method? Many thanks again.

That's fine, it's what we're here for. Try MCOL to submit your defence online first, if that doesn't work you can send it by email. :typing:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thanks again Flaming Parrot. I have drafted my defence which I intend to submit via MCOL on Thursday 23/7/15 as I don't anticipate a response from either Lowell or BWLegal at this late stage. Can you please cast an eye over my following defence to see if I have made any glaring mistakes - in particular s.12 and as it relates to a credit card I have referred to S.78 cca 1974 so hope that is correct:-
'Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim'.
1: I received the claim xxxxxx] from Northampton County Court Business Centre on 26/6/2015.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from HBOS PLC to Lowell Portfolio Ltd on 2/7/2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that HBOS PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 1/7/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal Services Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. BW Legal Services Ltd has not sent any of these documents to me.
10. On the 1/7/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to reply.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………
Dated .................................................. ....

I assume this statement forms all of step 3 stage on the MCOL defence claim. I take it that no actual signature is required from me in this documentation?!?

Kind regards

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

PS I actually received court papers on 26/6/15 but sent my acknowledgment of service on 28/6/15 so not sure which date I should be using when stating I received my claim in the first paragraph...

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

You could change the line to claim dated xxxxxx
If not use the date you received them