Bw legal/ lowell

[Mousey 66]

Re: Bw legal/ lowell

Ive sent two emails with all the letters Ive received in them hope you got them ok?

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Ive sent two emails with all the letters Ive received. Hope you got them ok?

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Do you need me to send the pages from the credit agreement?

[Amethyst]

Re: Bw legal/ lowell

Yes please. (the others haven't come through yet) I have to pick Son up from the train in a mo but I'll check email, redact and post the docs up for you later on xxx

[Diana M]

Re: Bw legal/ lowell

Ive spoken to a lady at the court she told me to email them the reason Im defending my claim being due to insufficient evidence the debts mine. As BW havent continued with it yet I was still ok to do this. She doubts it will go any further as its a small amount but recommended I sent them this so I dont end up with a CCJ.

Apparently Id only acknowledged the claim online, so Ive emailed them now

Did you file your original Defence online, by email or by post?

Your posts suggest that maybe you only filed your AOS but not a Defence and the lady in the court was telling you to file it now to avoid a CCJ.

Could the court have messed up and not updated their records to show that you'd filed a Defence?

After you filed your Defence (weeks ago) did you receive a letter from the court saying "this is now a defended claim" and that they were sending your Defence to the Claimant who would have 28 days to inform them (the Court) if they (Claimant) wanted to continue with the proceedings or the claim would be stayed?

If they've lost your Defence (or never received it) the claim wouldn't be stayed, it would just remain 'parked' at the court waiting for someone to do something. A Default Judgment (CCJ) isn't automatic it has to be requested by the Claimant.

If they didn't do that because they were busy looking for your CCA documents (did they say the account would be on hold at any stage?). In that scenario they would probably still have the freedom to enter judgment now that the CCA has turned up.

Could this be what the lady at the court was implying or did she actually say the claim became stayed on such-and-such a date?

I hope I'm wrong but it might be worth checking again with the court that they did receive your Defence and that they have served it on the Claimant who didn't inform them that they wished to continue with the proceedings, hence it's stayed.

The court lady might have completely misunderstood the situation and everything is fine

Di

[Mousey 66]

Re: Bw legal/ lowell

I haven't received anything off the court as apparently I hadnt submitted my defence. She said I still had time as BW havent gone any further with it yet and probably wont bother as its not a big amount. But she recommended I emailed them my reason for defending the claim anyway which I now have done.

[Diana M]

Re: Bw legal/ lowell

I haven't received anything off the court as apparently I hadnt submitted my defence. She said I still had time as BW havent gone any further with it yet and probably wont bother as its not a big amount. But she recommended I emailed them my reason for defending the claim anyway which I now have done.

She may have said that BW haven't done anything, but did she actually say the claim is stayed? It might not be so check.

Perhaps she meant you should file your Defence by email (to be quick to prevent a Default Judgment) not just send them a casual email?

Depending on your answer you may need to file a proper formal Defence asap unless your email was worded along the lines of this forum's template Defence so it covered all the legal arguments you need to defeat this claim.

Di

[Mousey 66]

Re: Bw legal/ lowell

Ok I'll ring them again now where is the template in case I need to send another email please?

[Mousey 66]

Re: Bw legal/ lowell

It isnt stayed, they say Ive filed my defence and they will let the solicitors know this and its up to them to continue with it if they want to.

[Diana M]

Re: Bw legal/ lowell

It isnt stayed, they say Ive filed my defence and they will let the solicitors know this and its up to them to continue with it if they want to.

I had a feeling it wasn't stayed so lucky you didn't just assume that!

You've had a close shave today

It appears they're going to consider your email as your Defence which they will serve on the other side. Obviously it would have been better to have filed a proper Defence packed with legal arguments and the dates you sent your CCA Request and CPR 31.14 Request etc but something is better than nothing.

Did you say anything in your email (Defence) about the CCA documents which have now arrived?

Di

[Mousey 66]

Re: Bw legal/ lowell

Yeah lets hope so! No I didnt I just said Id asked for proof the debts mine on 18 March but havent had anything back yet ��

[Diana M]

Re: Bw legal/ lowell

No I didnt I just said Id asked for proof the debts mine on 18 March but havent had anything back yet

I saw a Defence the other day which simply said "I don't owe them any money".

We filed an Amended Defence for them

Di

[Mousey 66]

Re: Bw legal/ lowell

Oh! I hope mine was worded a little better then!

[Amethyst]

Re: Bw legal/ lowell

Docs

[Amethyst]

Re: Bw legal/ lowell

Docs 2

[Amethyst]

Re: Bw legal/ lowell

Last one

[Mousey 66]

Re: Bw legal/ lowell

Hope they're clear enough images for people to see. Do tgey help with being able to advise me about this?