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County Court Claim from BW Legal - No Letter Of Claim

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  • County Court Claim from BW Legal - No Letter Of Claim

    Hi all.

    I have received a claim from BW Legal regarding an old Mobile phone account which I have little recollection of, I'm sure it was an agreement cancelled within the 14 day cooling off period for my daughter but that may have no relevance now at this stage.
    I have been reading through other people’s posts to get some info and listed below is where i am up to with this.


    Received a claim? Yes

    Issue Date: 18/10/2024

    Have you Acknowledged the Claim?: Yes through MCOL
    acknowledgment of service was received on 11/10/2024

    Total Amount Claimed : £377.40 (£292.40 + Fees/costs £85)

    Claimant’s Name: JC International

    Solicitors Firm: BW Legal

    Original Creditor: EE

    Original Debt : Telecommunication Provider

    Particulars of Claim: : The Claimant's Claim is for the sum of £292.40 being monies due from the Defendant to the Claimant under a telecommunications agreement, originally between the Defendant and EE Limited under account reference *********
    The rights, benefits and title to the agreement were assigned to the Claimant on 24/03/2023. Notice of the assignment has been given to the Defendant.
    Despite previous demands for payment being made by the Originating Creditor and the Claimant, the Defendant remains in. breach of contract.

    Is the debt Statute Barred : No, I do not think so. However, no details under credit reference agency.
    List any letters you have sent (eg: CCA/ CPR ):

    CPR 31.14 request sent to BW Legal on the 15th October requesting inspection of documents.(Reply info below)
    1. Telecommunications Agreement
    2. Notice of assignment
    3. Previous demands for payment by original creditor and claimant


    SAR sent to JC International on the 15th October (No response)
    SAR sent to EE as opposed to CCA request on the 15th October (No response)



    Reply from BW legal received 30th Oct, dated 28th Oct, request was on 15th Oct. Should this have been sooner if relevant as my understanding is this should take 7 days




    28 October 2024

    Dear Mr *****,

    Our Client: JC International Acquisition, LLC
    Originating Creditor: EE Limited
    Account Number: *********
    Balance Due: £377.40

    Thank you for your letter dated 15 October 2024
    We can confirm we have received notification from the Court that you have filed your acknowledgment of service on 11 October 2024 and await your next steps.

    We note your request for documents under CPR 31.14. Please see our response below.
    We've adopted the same numbering as your request for ease of referencing.
    1. The Originating Creditor provides telecommunication packages to customers which may include: landline, broadband/internet and/or television services. It is not unusual in non-regulated telecommunication agreements for there to be no signed contract. As is the norm, such types of agreement can be taken out over the phone, online or in store through a third party retailer.
    1. The Original Copy of the Notice of Assignment was sent to you directly from our Client and should be in your possession. We have requested a copy from our Client which will be provided in due course.
    1. We have requested from our Client copies of any correspondence sent from the Originating Creditor and await their response. BW Legal has sent two letters to you upon being instructed informing you of this matter. Both of these letters were sent prior to claim being issued. The same has been enclosed for your reference.


    They have included a letter dated 25th March from JC international stating the account has been passed to the legal team (BW Legal)

    There is also a copy of letter apparently sent from BW Legal on the same date of 25th March requesting payment basically.

    And thirdly a copy of “Letter of Claim” dated 9th July.

    Never have I received any of the above they state were sent and I’m absolutely certain they did not as I open any letters and deal with issues sooner than later, I certain they were hoping for a default judgement.


    Regards the above stating they are awaiting documentation, should I now be putting in my defence or do something to extend the deadline while awaiting more information.

    Any help would be much appreciated.


    Thank you





    Tags: None

  • #2
    Hi BOLLYBOY

    Welcome to LB

    Your dates don't add up

    Issue Date: 18/10/2024

    Have you Acknowledged the Claim?: Yes through MCOL
    acknowledgment of service was received on 11/10/2024

    I think the issue date is 11/10/24.

    The following is an example defence (Points relating to CCA 1974 don't apply, so need to be omitted from your Defence).

    Have a go at your Defence, copy and paste it on to this thread without personal details.

    https://legalbeagles.info/library/gu...-court-claims/

    We can take a look.

    Comment


    • #3
      Originally posted by echat11 View Post
      Hi BOLLYBOY

      Welcome to LB

      Your dates don't add up

      Issue Date: 18/10/2024

      Have you Acknowledged the Claim?: Yes through MCOL
      acknowledgment of service was received on 11/10/2024

      I think the issue date is 11/10/24.

      The following is an example defence (Points relating to CCA 1974 don't apply, so need to be omitted from your Defence).

      Have a go at your Defence, copy and paste it on to this thread without personal details.

      https://legalbeagles.info/library/gu...-court-claims/

      We can take a look.
      Hi

      Thanks for the reply, apologies the issue date was "08/10/2024" and not 18/10/2024.
      Acknowledgment of service was received on 11/10/2024 via MCOL.

      I'll have a go at the defence and post back when done for your feedback

      Best Regards.

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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