Shimewaza Lowel Portfolio 1 Ltd court claim

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

after posting my message earlier I have received the following letter from BW legal (dated 4 Feb 14) franked on 5th Feb sent second class!


Dear Shimewaza
Our Client: Lowell portfolio 1 Ltd
Balance due £X (amount they originally stated on claim form)
Original Creditor: Lloyds TSB Bank OKc
Original account number: xxxxxxxxxxxxxxxxx

We refer to the above matter.

Thank you for your recent letter, the contents of which have been noted.

We are currently looking into some of the points you have raised in your letter and will contact you further in due course.

If you have any further queries please do not hesitate to contact us.

Yours faithfully,

B W Legal

Written completely verbatim.

I am conscious that there is a time to filing a defence, and do not really want to just wait for them to send info from them and somehow miss the deadline and get a ccj

I am not sure if the letter counts as "full particulars, it does not even specify the claim number, although it does include their internal reference which is mentioned on the claim form

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Well the question then is, How accurate are the pocs because it stands to reason if it was multiple agreements, as stated, and now it's not the value must be different. I'd contact by them phone and ask them to replead their case as clearly it does not comply with http://www.justice.gov.uk/courts/pro...es/part16#16.2 and http://www.justice.gov.uk/courts/pro...rt16/pd_part16 how can it if they say the material facts have changed ?

M1

I am pretty sure the amount claimed (excluding court and legal costs) is incorrect (unless Lowell have sneaked in some of their own cost or interest)

They change it and it won't cost you anything. Hopefully they won't as i'm hoping they won't update the POCs within the 14 days (remember service is 5 days after the date of the form) at which point you make an application to have the claim struck out.M1

If I ask them to repeal it will they not just update the POC on the claim form? I have logged into MCOL and it does not mention any update to the POC, although I am not sure if it would!

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I am pretty sure the amount claimed (excluding court and legal costs) is incorrect (unless Lowell have sneaked in some of their own cost or interest)



If I ask them to repeal it will they not just update the POC on the claim form? I have logged into MCOL and it does not mention any update to the POC, although I am not sure if it would!

As you can see from cpr 16 and the practice direction 16 as i posted earlier the particulars of claim should show the case against you. Blatantly it does not as they have now written to you and said as much. They are not going to provide further particulars as they state in the pocs and they also have since stated that it is not multiple agreements as pleaded. How are you supposed to defend a claim which is, to put it mildy, wrong ? You should ask them to replead and if they refuse apply to the court to force them to do so for which they'll be asked to pay costs. If the court agrees, and they should, they should get a date to do it or the claim is automatically struck out.

Then there is 31.14 which as noted their position is ridiculous. They seemingly wish to ride roughshod over CPR and they should again be made by the court to produce or the claim struck out.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Hi M1, I have received the following letter from BW legal (dated 7 Feb 14) franked on 12th Feb sent second class! shocking!!


Dear Shimewaza
Our Client: Lowell portfolio 1 Ltd
Balance due £X (amount they originally stated on claim form)
Original Creditor: Lloyds TSB Bank plc
Original account number: xxxxxxxxxxxxxxxxx

As you are aware, we represent Lowell Portfolio 1 Ltd

A county court claim has been issued against you

On 20/1/14 our client issued a County Court Claim against you in the Northampton (county Court Bulk Centre) County court under claim number xxxxxxx.

Accordingly we enclose by way of service:

• Particulars of Claim; and
• Response Pack

You have a limited time in which to reply to this county court claim

If we do not hear from you within 14 days from the date of this letter we shall apply to court to enter a county court judgement (CCJ) against you.

If a judgement is entered against you, details of the judgement will be entered into the public register, the register of County Court judgements. that information will then be passed to credit reference agencies which will then have an adverse impact on you credit fie
7 days and speak with xxx xxx of this fim on xxxxx.

How to pay (then lists payment information)

We look forward to hearing from you within the specified time.

Yours faithfully

B W Legal

Rather disappointed with their tactic of keeping the letter for 5 days before sending it second class so arrives in post on day 7, the day they expect a response)

Particulars of claim enclosed as follows

Claim no xxxxx

In the Northampton (CCBC) County Court

Lowell Portfolio Ltd - Claimant

and

Shimewaza defendant

particulars of claim

the claimant's claim is for the sum of £xK

The defendant entered into agreements ("Agreements") with the original creditiors set out below pursuant to which the defendant agreed to pay the original creditors for services and/or facilities provided to the defendant.

The defendant has breached its contractual payment obligations pursuant to the agreements, in respect of which original creditors have notified the defendant of the breach and made demand for payment.

The sums payable in full following service of a default notice by the original creditors on the dates stated below and this being unsatisfied by the defendant.

Despite demand having being served upon the defendant, the defendant has failed to settle his/her outstanding liabilities pursuant to the agreements as set out below.

Original creditor: Lloyds TSB Bank Plc
Account/agreement numberxxxxxxxx
Agreement type:Credit/store card
Default date: 31/Dec/09
Balance due: £xx

Sum due to creditor

The creditor is a debt purchaser which has purchased the rights and benefits in the debts set out with these particulars if claim by virtue of legal assignment pursuant to section 136 of the Laws of Property Act 1925.

The claimant has made numerous written demands for repayment in respect of the agreements, despite which the above sums remain unpaid.

Particulars of interest

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £x) from the date of assignment of the agreement to the date of issue being a total amount of £x

interest due as detailed below

(calculation)

And the Claimant Claims:
1: the sum of £x being the original debt due
2 the sum of £y being interest accrued
3 Costs

statement of truth

The claimant believes the facts stated in these particulars of claim are true.

I am duly authorised by the claimant to sign this statement

Full Name

Name of claimants solicitor's firm

Signed by claimants solicitor
Dated 7 February 2014

Solicitors for the above named claimant who will accept service of all process enc on his behalf.

Written completely verbatim.

the amount claimed (interest and debt amount agrees to N1cpc form issued back in Jan)

Still not had full response to my cpr 31.14 request

What would you recommend as the most appropriate course of action now.

Letter requesting them to replead and fully respond to my cpr 31.14 request?

thank you M1

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I suggest asking for an extension under cpr 15.5 as time is getting on. I would also ask them to replead in the same call. One minute it agreements then it's agreement then back to agreements. How are you supposed to know ? An application for an unless order would seem appropriate and asking them to replead within that application would also be sensible if they won't agree during the call.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

I will give them a call tomorrow to request an extension under CPR 15.5, if they agree to this request what is the most appropriate way of notifying the court given the time?

Should they disagree to the extension request or disagree and not replead, I will inform them that I am going to apply for an unless order? how do I apply for an unless order?

is the unless order the same as the application for non compliance with my cpr 31.14 request?

If they agree to an extension, and replead, but do not provide the requested info in my cpr31.14 request? what next?

Thanks, Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

I will give them a call tomorrow to request an extension under CPR 15.5, if they agree to this request what is the most appropriate way of notifying the court given the time?

Forward the email and add your comments to it. Alter the subject line and add the parties and the claim number.

Should they disagree to the extension request or disagree and not replead, I will inform them that I am going to apply for an unless order? how do I apply for an unless order?

Basics are http://www.legalbeagles.info/forums/...394#post410394

is the unless order the same as the application for non compliance with my cpr 31.14 request?

Same thing unless somebody would apply for disclosure but not include a sanction for non compliance which would be a bit naive.

If they agree to an extension, and replead, but do not provide the requested info in my cpr31.14 request? what next?

Unless order.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Forward the email and add your comments to it. Alter the subject line and add the parties and the claim number.
M1

Which email are you referring too?

Thank you the link to the witness statement.

When is the deadline for submitting any form of defence/unless order? 21 Feb (being 20 Jan plus five days (so 25th jan date served) plus 28 days?) or 28 days from acknowledgement to court (27 Jan) so 23 Feb?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Which email are you referring too?

You will need to get them to email the extension agreement, including the date, to you. The court does require this in writing and email is easier and cheaper.

When is the deadline for submitting any form of defence/unless order? 21 Feb (being 20 Jan plus five days (so 25th jan date served) plus 28 days?) or 28 days from acknowledgement to court (27 Jan) so 23 Feb?

Option 1.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Hi M1,

I called them (BW Legal) on Monday, they advised me that the letter had been sent out in error, and that everything was on hold until they hear back from their client, with the requested info in the Cpr31.14 request.

I requested they email me to confirm this and to agree an extension, they said they would do so on Monday, but I have not received anything yet. and also requested they replead.

I am concerned they are just trying to pull the wool over my eyes, using crafty tactics and then let it go to default judgement.

Would you suggest I call them again today, chasing email, and if not received do an unless order?

many thanks

Shimewaza

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

20th Jan plus 5 and 28 equals 22nd February which is Saturday (which believe becomes the Monday) if my maths is correct.

I called them (BW Legal) on Monday, they advised me that the letter had been sent out in error, and that everything was on hold until they hear back from their client, with the requested info in the Cpr31.14 request.

It might or might not be on hold as far as they are concerned but the rules do not allow for what they are saying. The are, as you say, taking the piss out of you.

I requested they email me to confirm this and to agree an extension, they said they would do so on Monday, but I have not received anything yet. and also requested they replead.

They have failed in their cpr 31.14 duty. Originally you had 14 + 14 for your defence. Even if the papers arrived today you should still get an extension as you have no time to consider and compose a defense which is the reason for an extension. The extension is not so they can find documents. That is your goodwill and desire to appear reasonable to a judge that is giving them extra time.

I am concerned they are just trying to pull the wool over my eyes, using crafty tactics and then let it go to default judgement.

Rightly so.

Would you suggest I call them again today, chasing email, and if not received do an unless order?

Without question. Be polite but forceful.

M1

[FlamingParrot]

Re: Shimewaza Lowel Portfolio 1 Ltd

Hi M1,

I called them (BW Legal) on Monday, they advised me that the letter had been sent out in error, and that everything was on hold until they hear back from their client, with the requested info in the Cpr31.14 request.

I requested they email me to confirm this and to agree an extension, they said they would do so on Monday, but I have not received anything yet. and also requested they replead.

I am concerned they are just trying to pull the wool over my eyes, using crafty tactics and then let it go to default judgement.

Would you suggest I call them again today, chasing email, and if not received do an unless order?

I would say yes, yes and yes to the sequence above. :thumb:

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd

Thank you both,

After an interesting firm conversation with BW legal I received the following email and copy of letter to the court(not on letterhead or signed)

contents of which I list below (Email)

Dear Sir,

We refer to the above matter.

Please find attached a letter sent to the County Court confirming we have agreed to allow an additional 14 days for a defence to be filed.

Our file is currently on hold until we receive a response from our Clients in regards to the document’s you have requested.

We trust this is of assistance, if you have any further queries please do not hesitate to contact us.

Kind Regards


Contents of Word document: (letter)
Claim No: XXXX
Lowell Portfolio 1 Ltd - v - Shimewaza

We refer to the above matter.

We have come to an agreement allowing the defendant an additional 14 days to file a defence.

If you have any queries please do not hesitate to contact us.

Yours faithfully



BW Legal

The extension letter is only for 14 days and does not indicate to the court that BW have not complied with the 31.14 request in order for me to compile my defence, rather that I have 14 days to file a defence. neither does it mention their intention to replead.

Clearly there is no intention to replead.

What do you suggest next, forward copy of the email, with comments to the courts with an unless application?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd

Email them back and tell them that they have not stated a date and only allowed 14 days which is no use unless you get the documents this week which will give you 14 days to consider and compose a defence.

Chase it up 30 mins later with a phone call.

Repleading is up to them. They are on notice so if the fail they have problems. I'd not push it on it's own anymore but as you're going to end up doing an unless order it'll be worth including then.

M1

[FlamingParrot]

Re: Shimewaza Lowel Portfolio 1 Ltd

Please find attached a letter sent to the County Court confirming we have agreed to allow an additional 14 days for a defence to be filed.

Our file is currently on hold until we receive a response from our Clients in regards to the document’s you have requested.

May be worth reminding them that, under CPR 15.5 you are entitled to an extension of up to 28 days. :clock: