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BW Legal for Lowell V Cornish Pasty

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  • #49
    When entering the defence, do you just copy and paste to money claim online?
    is it advisable to wait till the deadline, Friday, or just enter now?
    what about signiture?

    Comment


    • #50
      Let me have a read through those docs and info from your son in case we want to amend anything tmw - then if it fits on moneyclaim online it can be filed through there - otherwise email or on paper ( would need to be signed and sent by your son though )

      We'll see what happens after defence but if they do proceed and push it on to court then it would have to be your son attending ( you can go with and ask to act as his lay representative ) but geographically it might be tricky - cases hardly ever get that far tho it is something to consider depending where this goes.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #51
        Originally posted by Amethyst View Post
        Let me have a read through those docs and info from your son in case we want to amend anything tmw - then if it fits on moneyclaim online it can be filed through there - otherwise email or on paper ( would need to be signed and sent by your son though )

        We'll see what happens after defence but if they do proceed and push it on to court then it would have to be your son attending ( you can go with and ask to act as his lay representative ) but geographically it might be tricky - cases hardly ever get that far tho it is something to consider depending where this goes.
        Thank you so much for all your help.
        If it came to it I would attend with him. he has a case worker who has also said she would attend if necessary.
        Things like this will tip him over the edge, it happened before when coventry city council sent newlyn bailiffs in and threatened bankcruptcy for £42.50. He was suisidal, fortunatly the matter was sorted via this forum.
        He is getting more and more agitated about this and has also got to contend with the stess of ESA 50 work capability form at the same time.
        his case worker is helping with this, but unfortunalty the mental health charity which provides his accommodation does not have anyone suitably qualified to help with debt and legal matters.
        I dont see why they are pursuing this through the courts, they must have done credit checks and would know he has nothing. His credit score is crap, he lives in furnished accommodation provided by a mental health charity, is on benefits, so they would get sod all even with a judgement.
        Seems more spite, to shit his credit file up for a further 6 years.
        I will await your amendments after reviewing the documents before submitting defence


        Comment


        • #52
          Originally posted by cornish pasty View Post

          Thank you so much for all your help.
          If it came to it I would attend with him. he has a case worker who has also said she would attend if necessary.
          Things like this will tip him over the edge, it happened before when coventry city council sent newlyn bailiffs in and threatened bankcruptcy for £42.50. He was suisidal, fortunatly the matter was sorted via this forum.
          He is getting more and more agitated about this and has also got to contend with the stess of ESA 50 work capability form at the same time.
          his case worker is helping with this, but unfortunalty the mental health charity which provides his accommodation does not have anyone suitably qualified to help with debt and legal matters.
          I dont see why they are pursuing this through the courts, they must have done credit checks and would know he has nothing. His credit score is crap, he lives in furnished accommodation provided by a mental health charity, is on benefits, so they would get sod all even with a judgement.
          Seems more spite, to shit his credit file up for a further 6 years.
          I will await your amendments after reviewing the documents before submitting defence

          Im i ok to submit the defence or does it need amendments?

          Comment


          • #53
            Going through now - apologies xxx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #54
              The Defence is fine as is, it can't really be expanded on until/unless documents are received.

              Can I just ask, are Lowell aware of the issues your son is dealing with ? They do have a vulnerability ''department'' (I'm sure it's not called that, but they have improved a huge amount over the last year or so with regards debtors dealing with health issues ) It's a shame the charity don't have any support for debt and legal issues - they should at very least have ability to refer to Citizens Advice who could get in touch with Lowell.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #55
                Originally posted by Amethyst View Post
                The Defence is fine as is, it can't really be expanded on until/unless documents are received.

                Can I just ask, are Lowell aware of the issues your son is dealing with ? They do have a vulnerability ''department'' (I'm sure it's not called that, but they have improved a huge amount over the last year or so with regards debtors dealing with health issues ) It's a shame the charity don't have any support for debt and legal issues - they should at very least have ability to refer to Citizens Advice who could get in touch with Lowell.
                one of his conditions is social phobia, so getting help is difficult as he won't speak to people about things. He also has personality disorder, panic attacks, anxiety and depression. But I will ask, but he probably hasn't told them as won't speak to people on the phone.

                Comment


                • #56
                  Completely understand that, telephone calls used to terrify me too, I'm still pants at social stuff but improving So... Couple options - he can get his support worker to call if he's there to give authority ( just a 'yes that's fine' is normally all needed) or he could email authority for them to talk to you. You want to call Lowell ( rather than BW) ask for the team dealing with vulnerability issues, and tell them We ( legalbeagles) have highly recommended you call them due to high risk vulnerability - it shouldn't get to legal discussions at all and should be flagged up to look at the court claim and consideration given to discontinuing it. Explain they've brought a claim, you can say you're trying to help him with the paperwork but detail the stress it's causing him and so on. It should flag up any other debts of his that end up with Lowell too.

                  Still enter the defence mind, this is just another possible way to have it dealt with if you want to xxx
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #57
                    Originally posted by Amethyst View Post
                    Completely understand that, telephone calls used to terrify me too, I'm still pants at social stuff but improving So... Couple options - he can get his support worker to call if he's there to give authority ( just a 'yes that's fine' is normally all needed) or he could email authority for them to talk to you. You want to call Lowell ( rather than BW) ask for the team dealing with vulnerability issues, and tell them We ( legalbeagles) have highly recommended you call them due to high risk vulnerability - it shouldn't get to legal discussions at all and should be flagged up to look at the court claim and consideration given to discontinuing it. Explain they've brought a claim, you can say you're trying to help him with the paperwork but detail the stress it's causing him and so on. It should flag up any other debts of his that end up with Lowell too.

                    Still enter the defence mind, this is just another possible way to have it dealt with if you want to xxx
                    Defence has now been entered.
                    It fitted via copy and paste no problem.

                    I have mentioned about asking his support worker to speak on his behalf to Lowell, he said he will ask, but not seeing her again till next wed.

                    I don't mind helping via letters and emails, but i too am useless on the phone.I would probably make things worse for him, if they said the wrong thing, I be likely to tell them to **** ***. But lets not go there.

                    So whats going to happen now then regarding the court process?

                    Comment


                    • #58
                      Okay not a problem, feel free to email me with his details if you'd like us to flag it up with them back end though ( Admin@legalbeagles.info )

                      So now the defence is in the Claimant has 28 days to respond to the court to say if they wish to proceed - if they do he'll get a directions questionnaire to complete and return ( just asks what the local court is and if your happy to try mediation ( probably not as it's a phone call via a third party mediator ) - if they don't reply then the case usually gets 'stayed' ( put on hold indefinitely) until such time as they find the documents when they can pick up the case again.

                      After Directions Questionnaires are in the case is sent to the local court and they issue directions and set a hearing date. Before the hearing date parties exchange witness statements and evidence, and the claimant has to pay a hearing fee.

                      Really tho it's a case of see what happens and deal with things as and when xxx
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #59
                        Originally posted by Amethyst View Post
                        Okay not a problem, feel free to email me with his details if you'd like us to flag it up with them back end though ( Admin@legalbeagles.info )

                        So now the defence is in the Claimant has 28 days to respond to the court to say if they wish to proceed - if they do he'll get a directions questionnaire to complete and return ( just asks what the local court is and if your happy to try mediation ( probably not as it's a phone call via a third party mediator ) - if they don't reply then the case usually gets 'stayed' ( put on hold indefinitely) until such time as they find the documents when they can pick up the case again.

                        After Directions Questionnaires are in the case is sent to the local court and they issue directions and set a hearing date. Before the hearing date parties exchange witness statements and evidence, and the claimant has to pay a hearing fee.

                        Really tho it's a case of see what happens and deal with things as and when xxx
                        just a quick update.
                        son received letter today, 22nd from courts acknowledging defence submission.
                        BW Legal have signed for the CPR request this time.
                        thats all for now.

                        Comment

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