Is Lowell/BW Legal 'Claim Form' bogus???

[Amethyst]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Example of possible defence basically saying you've asked and they haven't provided docs Defence.doc ... will need amending to Suit tho, we can do it in the morning and email it over xx try not to worry and look after your little one xxx

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

thanku so much for your help. once the defense is done i think i should b able to breath . :colbert:

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Example of possible defence basically saying you've asked and they haven't provided docs Defence.doc ... will need amending to Suit tho, we can do it in the morning and email it over xx try not to worry and look after your little one xxx

hi. i have to go to work so i have edited and done the defense via the mcol website in following from the aos that i did on there. do i need to email a copy to the court also? or is that it? hope done it right. thanks for all your help. hopefully bw legal will do one now

[Amethyst]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

MCOL website is fine although I think you are a bit limited on how much you can write on there. Do you want to paste what you wrote up here, just to be sure it's okay. Do try and breath and stop worrying now and have a good day at work.

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

MCOL website is fine although I think you are a bit limited on how much you can write on there. Do you want to paste what you wrote up here, just to be sure it's okay. Do try and breath and stop worrying now and have a good day at work.

hiya
this is what i put for defence

DEFENCE

1) The claim as pleaded does not contain sufficient particulars to
permit me to file a properly particularised and pleaded defence.
Further, no documents supporting the claim in the particulars have
been offered. I therefore made a request for disclosure, pursuant
to Part 31 of the Civil Procedure Rules, to the Claimant to allow
me to properly respond to the claim. The request was sent on the
09/02/2014 and was responded to by the claimant via email
on 12/02/2014 by way of thanks. I then heard nothing.I allowed the
claimant 12 days to respond appropriately.

2) As the Claimant failed to provide the documents mentioned in
the Particulars of Claim before the defence deadline, an extension
of 28 days was requested by myself on the 21/02/2014 as allowed
under the Civil Procedure Rules 15.5(2) rules and the court was
informed. The Claimant however yet again failed to respond.

2) It is Not admitted that I signed any agreement with Shop Direct
Group. If, which is not admitted, such an agreement exists the
precise terms and date of any such agreement are not admitted. I
do not have in my possession any such agreement and am not
therefore able to comment thereon. The Claimant is put to strict
proof as to the date and terms of such agreement.

3) It is averred that if any agreement did exist that the
aforesaid agreement would be a regulated agreement within the
terms of the Consumer Credit Act 1974. It is not admitted that any
alleged Agreement is enforceable within the terms of the Act. As I
do not have a copy of the said agreement the Claimant is put to
strict proof that the aforesaid agreement was properly executed
and has been enforceable at all times since its’ inception.

4) I have no knowledge of the service of a default notice. The
claimant is put to strict proof as to the content and service of
any such alleged default notice.

5) Further and in the alternative it is not admitted that the sum
claimed is lawfully owing. The Claimant is put to strict proof as
to how the sum claimed has been calculated and as to how it is
asserted that the sum claimed is contractually owing.

6) Further and in any event in view of the failure to comply with
the CPR Part 31 request it is denied that the Claimant is entitled
to costs as claimed.

7) In view of the above, it is denied that I am indebted to the
Claimant as alleged or at all.

[Amethyst]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Perfect Well done, you can relax now. You should hear from the court next saying they have sent your defence to the claimant who then has 28 days to come back and say if they want to continue the claim, the judge may then just make an order off his own back for them to produce documents. So just shout if you hear anything from the claimants or from the courts. Good job xxx

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Perfect Well done, you can relax now. You should hear from the court next saying they have sent your defence to the claimant who then has 28 days to come back and say if they want to continue the claim, the judge may then just make an order off his own back for them to produce documents. So just shout if you hear anything from the claimants or from the courts. Good job xxx

thanku so much for all your help and this forum as without it i would be in the doodoo........ ! lets hope thats an end to the matter and that bw legal and lowell crawl off back under a very heavy stone !

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

i wanted to update people in whats happening now. court have accepted my defence and have written lowells/bwlegal to tell them they have to deal with me directly or they have 28 days to take respond to the court letter to get it back in court. if they dont do this it becomes stayed and they have to apply for a judge to overturn the stay............... then today i get an email from bw legal saying sorry for the delay they have applied to their client for the relevant documents and will allow me a further 14 days in which to prepare my defence............... ! TOO LATE already done it. are they actually taking the wotsit. ? do i reply to email or just wait for them to get court letter ? have to laugh at how ridiculous they are making out they are doing me a favour.

[Amethyst]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Sounds like crossed post so no, no need to do anything xx

[lozza]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

hi. thanks for your reply. just wanted to update you and say that we now have CAPquest sending us letters saying this has now been passed to them to deal with? please can u advise what to do ? i was thinking mayb repeating the steps of cpr request to see what they produce ? :tinysmile_kiss_t4:

[kirstykai]

Re: Received court claim forms from bw legal/ lowell portfolio

Hi I was wondering if anyone could help me?

i have received exactly the same response pack back in January that looks unofficial also. I have just received a ccj which also looks unofficial (stamp is printed and not stamped) Trying to go on MCOL and it doesn't recognise claim number and password (maybe because this is after my 28 days response) I have had no contact back from Lowell despite 2 years of asking for repayment breakdown through the post! I previously reduced the debt monthly and cancelled the direct debit after the final payment was due, subsequently received a letter stating I still owed £200!! I argued this and still haven't received proof! HELP!!!

[Amethyst]

Re: Received court claim forms from bw legal/ lowell portfolio

Hi Kirsty, When did you received the claim form? and is it from Northampton or Salford ? I would give the court a call and check its status. You only have 14 days to respond initially to a court claim - called acknowledgement. Did the court papers come from the court or direct from B W Legal ?

Kind regards

Sharon

[kirstykai]

Re: Received court claim forms from bw legal/ lowell portfolio

Thanks for your response

I have just checked trust online, paid £4 this checks the registry and there is a ccj there �� so looks like I will have to pay now within 28 days to remove ccj. Not happy as I know its money I do not owe! LOWELL are shocking!!

[Amethyst]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

You'll need to apply to set aside the judgment if you want to defend it, however you'll need a decent reason why you didn't respond to the claim form and to show that you have a defence with a decent chance of success. The application is £155 with a hearing / £50 without a hearing but need to get agreement from the claimants first. There is some guidance to applying for a set aside in the library. You should have received a notice of default judgment from the court which would tell you to pay forthwith within 28 days so I'd give the court a call and check the exact situation on your case.

[kirstykai]

Re: Is Lowell/BW Legal 'Claim Form' bogus???

Thank you

Its only for £105 so might as well just pay it than argue it. Good luck to the rest of you guys who have to deal with Lowell!!