Help!! - lowells instructing bw legal on lloyds current account

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

well i still have not received anything from BW. Is there a time limit they have to comply with?

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

Did you tell the court on the extension? Well if they havent supplied the documents and they did state by the 14th March you can either put in your defence ( Statute Barred and no information ref CCA request and CPR request) or you can apply for an unless order - show us the documents or withdraw - you can apply for fee remission too as you are on benefits (info is in the link http://www.legalbeagles.info/forums/...ic-information )

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Thanks Amethyst - yes I did tell the court - I emailed them the email i received from BW. I have spoken to BW twice now and they purely state that they are still waiting for docs from lloyds. They questioned me about my dispute and said that I had no grounds for a SB defence since the default was registered in 2010. I replied that it is from the last cause of action which was way before that. I told them that the account was in dispute and i hadnt even realised that the account was closed. They just said they would have to wait for information from Lloyds. I am also waiting for a reply to my SAR from Lloyds which should be here BY 29th March. What route would you be intended to take? If I went for the unless order what would happen if they still didnt provide docs and what sort of timescale do they have to comply with this? Thanks again for your help x

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Just read the link you provided and I notice it says the application for an unless order should be filed before the defence is due and my original date has been and gone. Does it mean the revised date of the agreed extension? If they dont produce within 7 days is it true that the matter is just written off and they cant enforce any more?

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

Yes the revised date with the extension.

If they don't come up with the documents the they should be struck out and yes, that's pretty much it. If they do comply then you defend or offer to pay at that point.

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

thank you for that info. just one last question - do i need to put them on notice that i will be making an application for an unless order?

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

You already have in your CPR letters xx

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Thanks for that Am, I have looked over the link to the Unless Order. I am sorry to appear foolish but can I just confirm that the Unless Order is for Current Account Overdrafts? If not are you able to link me to one that is? Also, presumably do I just download the fee remission docs from the net and enclose these to send to the court?

[Amethyst]

Re: Help!! - lowells instructing bw legal on lloyds current account

It is the same, it is for any request for inspection of documents under CPR 31.14 - you just need to amend to the documents you have asked for in your letters.

Post your draft up here if you want to check it xx

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Just done the draft - there were just a couple of things I wasnt sure of but I will get it up here first. here goes - I am so useless on the computer I cannot see where to upload so i have copied and pasted the whole thing - I am so sorry
IN THE NORTHAMPTON COUNTY COURT
Claim Number: XXX


BETWEEN:

LOWELL PORTFOLIO 1 LTD (Claimant)

And

XXX (Defendant)


ORDER


Before District Judge Sitting at the Northampton County Court CC BC, 4^th Floor, St Katherine’s House, 21-27 St Katharines Street, Northampton, Northamptonshire, NN1 2LH, on the ………….

UPON reading the Defendant’s Application Notice dated 18^th March 2014

AND


UPON the Court noting that the breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR rule 31.14.

IT IS ORDERED THAT:

1) The Claimant shall by 4pm on 25^th March 2014 provide the Defendant copies of the following documents in the Claim Form pursuant to CPR Rule 31.14.

a) The Credit Agreement
b) The Default Notice
c) The Assignment


2) If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.
Upon the Claimant complying with paragraph 1 the Defendant shall file and serve her defence by 4pm 15^th April 2014.

and here goes the draft order:

IN THE NORTHAMPTON COUNTY COURT
Claim Number: XXX


BETWEEN:

LOWELL PORTFOLIO 1 LTD (Claimant)

And

XXX (Defendant)


WITNESS STATEMENT:

I, XXX, being the DEFENDANT in this case will state as follows:

1.) I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.
2.) CPR rule 31.14 states
(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary;
(d) an affidavit

The Defendant is therefore entitled to inspect of the Credit Agreement, the Default Notice and the Assignment.

3.) On the 17^th February 2014 I made a written request to the Claimant’s Solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case (EXHIBIT 1)
4.) The Claimants claim is based upon the Defendant’s alleged breach of contract and therefore the contract is entirely central to the Claimant’s case.
5.) CPR rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
6.) On the 5th March 2014 I contacted the Claimant’s Solicitors by telephone and repeated my request for documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5. I attach an email received from the Claimants Solicitors in support of this (EXHIBIT 2). On 10^th March 2014 I telephone the Claimant’s Solicitors to repeat my request for documents pursuant to CPR 31.14.
7.) The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

8.) I refer to the ruling of Rix LJ in Expandable v Rubin (2008) EWCA Civ 59 (at paragraph 24).

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question or privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purpose of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principal be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

9.) I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper (2013) EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.
10.) The Claimants pleaded case is that the Defendant entered into and agreement with XXX under account number reference XXX. I am uncertain as to which this account refers to. It is accepted that I have held banking products with Lloyds TSB in the past however the account number given does not relate to information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be accurately able to identify to what the claim refers. Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer C redit Act 1974 until such time as a copy is provided.
11.) The Claimants additionally mention a default notice. I am unable to consider whether such default complies with the statutory provisions of the Consumer Credit Act 1974 until such time a copy is provided. The Act sets out a clear form and content requirement, which, if not complied with, render the Claimant unable to enforce the agreement as per HHJ Chambers QC in Harrison v Link Financial Ltd (2011).
12.) I therefore ask that the Court grants an extension of time to file my defence and orders the Claimant to provide copies of the documents mentioned in its statement of case.

STATEMENT OF TRUTH
I, XXX, the defendant, believe the facts stated within this Witness Statement to be true:

Signed:

Dated:

.
Obviously I will put in the personal details. Do I then print off a fee remission form and attach it to send to Northampton? Is there anything else I add - i will print off the emails received from BW and attach those. I wasnt sure of the first page and the date required for the bit beginning Before District Judge Sitting (is that a name - I am sorry, i feel so dumb!!) - what date goes in at the end?? xxx once again so sorry for my inability to insert the above as an attachment.

[mystery1]

Re: Help!! - lowells instructing bw legal on lloyds current account

Don't forget costs in your order it's not just fees it's time postage phone calls etc etc

Witness statement para 10 - Notwithstanding - end i'd delete.

Para 11& 12 delete. Looks like fishing.

IMHO.

M1

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Hi and thanks M1. Just to clarify the 1st page and then I can get it off. Again, sorry to be daft but can you tell me firstly is the name "sitting" correct - is this the name or what?? and what date should go in the red dotted area:

Before District Judge Sitting at the Northampton County Court CC BC, 4^th Floor, St Katherine’s House, 21-27 St Katharines Street, Northampton, Northamptonshire, NN1 2LH, on the ………….

UPON reading the Defendant’s Application Notice dated 18^th March 2014


Thanks for all your help - i will get there xx

[mystery1]

Re: Help!! - lowells instructing bw legal on lloyds current account

The court sits. You don't know the judges name, i'd assume, so leave a space there between Judge and sitting.

M1

[Pinkcat]

Re: Help!! - lowells instructing bw legal on lloyds current account

Ok will do M1 - I notice on the N244 form it is asking if I require a telephone hearing, hearing etc - what do I put here - I am not sure I would want to attend a hearing as a preference - would it be necessary? If it is would BW Legal be there? Again, if yes, surely then this gives them more than 7 days to get further info??

[mystery1]

Re: Help!! - lowells instructing bw legal on lloyds current account

Go with a hearing it's way better.

You might not need to attend if you're lucky.

BW Legal should be at a hearing but don't need to be. It won't give them longer to get the info. If they turn up to the hearing with it your application has been successful. Obviously success is relative because in reality you want the claim ultimately struck out but you should always bear in mind that they might comply and the case goes on.

M1