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

[Pinkcat]

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

Just to update you - I still have not heard anything from BW and my application to the court has been sent and returned to me three times (regarding a couple of minor mistakes on the fee remission form), I phoned the court on 10th April to be told it had been forwarded to the DJ and that I would hear shortly. Should I phone the court again as I didn't expect to wait a further two weeks. Should I also phone BW to see what their position is now. It just seems to me that nothing at all is happening and it is not pleasant having this over your head

[mystery1]

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

3-6 weeks for applications, throw in easter and your still a week or 2 away probably. No harm phoning but if it's with a judge that's all they'll say.

M1

[Pinkcat]

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

Hello everyone - just received a reply from the county court business centre - headed 'Notice of Transfer of Proceedings'. It says:
To all parties
As a result of an order made 29th April this claim has been transferred to the county court of ......... (my hometown).


the second sheet is headed 'General Directions Order'
Before Deputy DJ Elsey sitting at the county court business centre ...... Nottingham on 15th April 2014
It is ordered that:
Application to be heard on notice - transfer to defendants home court.
Note: This order has been made without a hearing under the courts case management powers contained in the CPR part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under Part 23 Rule 10. You must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon filing of the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

Ok, so having read and re-read this I do not really know what it is saying. it is positive or negative for me? Do I have to do anything? Would appreciate some guidance on this xx

[Amethyst]

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

Hiya,

It is saying that your application will be dealt with at a hearing at your local county court - they will send you a date for the hearing. You needn't do anything.

Have you received any documents from the claimants under your CPR request as yet ?

Bestest

Sharon
xx

[Pinkcat]

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

Hi Sharon, thanks for your quick reply xx No, I have not received anything at all from the claimants. Can I just ask you, I presumed that my application for disclosure of documents to the claimants would result in an order for them to produce these docs. Why is it being transferred to my local court. Is this standard procedure??

[Pinkcat]

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

oh, and just one other thing - would the hearing be to make the order for the claimants to produce the docs - do the claimants need to be there or just me?

[Amethyst]

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

Hi Sharon, thanks for your quick reply xx No, I have not received anything at all from the claimants. Can I just ask you, I presumed that my application for disclosure of documents to the claimants would result in an order for them to produce these docs. Why is it being transferred to my local court. Is this standard procedure??

Sometimes the judges make an order off their own back but sometimes they want to hold a hearing to help them decide in making an order. He will basically decide whether to grant your application for the claimants to allow inspection of the documents they disclosed in their particulars of claim.

Have you been to a civil court hearing before?

[Pinkcat]

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

Hi Sharon, no I haven't been to court for something like this so I am a little naïve!! I am presuming then that they have not agreed to make the claimants produce docs at this stage and that is why a hearing has to be set? Would both me and the claimants have to go (it would be a long way for them to come!). What would I have to say and what would they say? If they turn up would they have the docs I have requested or are they at this stage not required to do so? Frankly I would have thought it right that any solicitor firm should have proper documentation before issuing court proceedings and if they don't they should request them from the original debt owner before doing so?

[Amethyst]

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

Frankly I would have thought it right that any solicitor firm should have proper documentation before issuing court proceedings and if they don't they should request them from the original debt owner before doing so?

Exactly what we're arguing for and why you have the application in.

There's a simple guide on here about going to court - http://www.smallclaimscourtgenie.co....udge-at-trial/ - your hearing will only be 15 mins max I expect and it's an application hearing not a trial - but there's some useful info there. The judge should have read your witness statement and application before hand so might just ask 'why do you want the documents' 'do you know what this claim is about' and that kind of stuff. He might also ask the claimants 'why haven't you given her the documents' 'why did you bring a claim without having any evidence' (lol, I'm assuming it's a lovely judge there ).

If they turned up on the day with the documents then you'd ask the judge to allow you 28 days to review and enter your defence, otherwise he should order they produce or their case gets struck out.

[Amethyst]

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

Also - once it is at your local court - the local court judge might just make an order off his own back rather than going for a hearing.

[Pinkcat]

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

Thanks for that, its very helpful info. Finally I have moved since this claim was brought about. Should I notify BW Legal of my new address? I have a redirection in place so I get all my mail but as timescales are important I feel I should send them an email. I haven't done this sooner as I didn't really want to bring attention to myself!! xx

[Amethyst]

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

Thanks for that, its very helpful info. Finally I have moved since this claim was brought about. Should I notify BW Legal of my new address? I have a redirection in place so I get all my mail but as timescales are important I feel I should send them an email. I haven't done this sooner as I didn't really want to bring attention to myself!! xx

You should let the court and BW Legal know your new address so documents can be sent directly.

Inform the court in writing (or email) with your claim number and cc it to BW Legal.

[Pinkcat]

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

I had already informed the court but will email bw now xx

[Pinkcat]

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

I have had my court date set which is next week. What, specifically should I bring with me?

[mystery1]

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

What you'll need.

Claim form.

Copies of your application,witness statement and draft order.

Copy of Expandable v Rubin [2008] EWCA Civ 59 http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

Copy of cpr 1,15,16,17,26,27,31 http://www.justice.gov.uk/courts/pro...es/civil/rules

Copy of Mitchell http://www.bailii.org/ew/cases/EWCA/Civ/2013/1537.html

Highlight the relevant parts on your copies and leave the 2nd copy which the court may require untouched.

M1