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

[lozza]

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

thanku. nither lowells or bw legal have bothered to get back to me so im going to contact them and tell them to back off supply the docs or i will apply for the unless order.

how rude not to even bother responding. so what do i do if they still dont respond? do i contact the court on the 28th and explain what i have done?

[FlamingParrot]

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

thanks for all your replies. please can you confirm what i need to do next ?
what do i need to b doing regarding the courts whilst i wait for lowells/bw legal to act? Please can you break it down for me as now im lost and worried. thanku

You may want to look at this thread which is very similar: http://www.legalbeagles.info/forums/...555#post411555

If your claim was DATED Jan 27th, my calculations of 28 days + 5 for service indicate your defence would be due by Friday Feb 28th. :clock: In the meantime, you need to contact BW Legal and say that, if they refuse to supply you with the documents, you will have no option but to apply to the court for an unless order. Log every email and phone call, as you will need to include these details should it be necessary to apply for the order.

You don't need to tell the court anything until they either agree to an extension (you will have to notify the court in writing if they do) or you apply for an order.

[lozza]

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

thanks for all your replies. please can you confirm what i need to do next ?
what do i need to b doing regarding the courts whilst i wait for lowells/bw legal to act? Please can you break it down for me as now im lost and worried. thanku

[Celestine]

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

I am aware of several very recent incidences of abuse of Litigants in Person making cpr 31.14 requests.

I've challenged them on it in recent days, flat denial, but it keeps happening. I think we need to encourage people to record any LIP calls to Lowell/BW Legal.

Claimants are being told they can't have the documents because the claim is now at court stage or similar nonsense.

[Roy Clayton]

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

I would urge anyone who has never received a Notice of Assignment from Lowell to make the ICO and OFT aware. I would urge anyone who has a default they did not know about listed on their credit file to report it to the ICO. I would urge anyone who feels that Lowell is obstructing Data Protection Act requests, CCA requests and CPR requests to report this to the ICO and the OFT. At some point this issue will be raised in the media and the ICO may act based on the numbers.

[FlamingParrot]

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

hi. i did the mcol thing. sent cca request to lowell on 7th feb .... no reponse.......

The have 14 days to respond to a CCA request so they're not yet in default.

cpr to bw legal response was they couldnt do anything unless i rang them to confirm data protection blABLA... told them no way i would be ringing them and what did they need to know i would all be in writing ..... and they also had a cheek etc.... no response. i had to do it by email as i was running out of time . im stuck . what next ? trying to work and juggle children and this is hardwork ! help
thanks

Normally you'd be advised not to ring anyone, however, when a claim has been issued and you are running out of time, you may want to ring them and say that if they can't comply with your request in 7 days as per the CPR letter, they should agree to an extension of up to 28 days under CPR 15.5. You can discuss that over the phone and then get them to send you confirmation by email, so you can notify the court.

If all else fails, you can opt for an unless order to force compliance, however, that's a last resort and you'd need to show the steps you've taken to get BWL to comply, keep a record of every letter, email and phone call. :thumb:

[lozza]

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

You have to acknowledge the claim on MCOL within 14 days of the date of SERVICE, which is calculated by adding 5 days to the date on the claim. That means you should acknowledge before the 15th , once you do that and state your intention to defend, you have a further 14 days.

Official documents such as CCA and CPR requests should be sent by recorded delivery. In the case of a CCA request, you also need to send the £1 fee so it probably pays to find a place where you can get them printed if you haven't already done so.

7 days for a request under CPR31.14, 14 days for a CCA request.

hi. i did the mcol thing. sent cca request to lowell on 7th feb .... no reponse....... cpr to bw legal response was they couldnt do anything unless i rang them to confirm data protection blABLA... told them no way i would be ringing them and what did they need to know i would all be in writing ..... and they also had a cheek etc.... no response. i had to do it by email as i was running out of time . im stuck . what next ? trying to work and juggle children and this is hardwork ! help
thanks

[Roy Clayton]

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

Hi Debita
If you want to know what other dirty tactics you will encounter on the way to court I have several posts on LB that you may find useful. I won my case in the Appeal court, but I was amazed at the lengths Lowell will go to. Lowell have a standard procedure in all cases and it works well. Ideally go for a Section 7 DPA request by recorded delivery.
Good luck

[FlamingParrot]

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

oh smashing. something else to worry about. thanku for your help. i have no ink in my printer so im going to email them the requests for credit agreements etc. will that b ok ? am rushing as the issue date on the claim form is 27th jan so i need to dispute the claim . do i go on mcol and then wait for lowells/bw legal to respond ?

You have to acknowledge the claim on MCOL within 14 days of the date of SERVICE, which is calculated by adding 5 days to the date on the claim. That means you should acknowledge before the 15th , once you do that and state your intention to defend, you have a further 14 days.

Official documents such as CCA and CPR requests should be sent by recorded delivery. In the case of a CCA request, you also need to send the £1 fee so it probably pays to find a place where you can get them printed if you haven't already done so.

is it 7 days i give them ?

7 days for a request under CPR31.14, 14 days for a CCA request.

[lozza]

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

Thanks M1 you were right it is genuine -aw:
I had input the Claim number wrong - got my O and 0 muddled! What a numpty!

Nibbles, thank you for your reply also. It was indeed their dirty tactics in the past that made me question its authenticity when I had difficulty logging into MCOL.

I've admitted it in part and am disputing the interest and have offered them £6 a month. My situation is dire, which Lowells well know and can't offer more than that as don't have it.

Sorry Lozza, looks likely yours is genuine too!

oh smashing. something else to worry about. thanku for your help. i have no ink in my printer so im going to email them the requests for credit agreements etc. will that b ok ? am rushing as the issue date on the claim form is 27th jan so i need to dispute the claim . do i go on mcol and then wait for lowells/bw legal to respond ? is it 7 days i give them ?

any help again would be appreciated. trying to sort this in between childcare and working . wish they would just bog off. :tinysmile_kiss_t4:

[rsp85]

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

Hi

I had the same form regarding Lowell and Shop Direct. I simply returned the form disputing the claim. The dates and figures do not add up. I asked Bryan Carter, acting on behalf of Lowell, to provide evidence of the debt that I owe. They replied saying my account is on hold until Lowell give them instructions on how to proceed. They have failed to provide me with anything and since then and offered to discuss payment options out of court, which I have denied. I have had a long on-going dispute with them as they seem to pick figures from thin air! I was paying them for a while and when reviewing my statements I was actually in more debt with the crooks. It is only recently I have looked further into Lowell and found so many people are getting ripped off by them.

[Debita]

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

Thanks M1 you were right it is genuine -aw:
I had input the Claim number wrong - got my O and 0 muddled! What a numpty!

Nibbles, thank you for your reply also. It was indeed their dirty tactics in the past that made me question its authenticity when I had difficulty logging into MCOL.

I've admitted it in part and am disputing the interest and have offered them £6 a month. My situation is dire, which Lowells well know and can't offer more than that as don't have it.

Sorry Lozza, looks likely yours is genuine too!

[Nibbler]

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

Lowells sometimes use all sorts of dirty tactics, but I don't think even they are low or daft enough to issue fake claim forms. They issue plenty of genuine ones.

So I would presume there is some error here at the MCOL end, or something just as simple as not using the correct case for the pw. I recall for example a case sometime back where claim forms were issued but the MCOL site you can access didn't get updated with the case details quick enough so for a day or two after receipt of the forms it didn't recognise the case.

http://www.justice.gov.uk/courts/nor...sked-questions

Defendant frequently asked questions

How do I file a response on MCOL?

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.
You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.

My password doesn’t seem to be working – what should I do?

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court

http://www.justice.gov.uk/courts/nor...rt-bulk-centre

Money Claim On Line (MCOL) 0300 123 1057/ 01604 619402

[lozza]

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

hi. we have the same form and are asking the exact same questions .......... any help would b appreciated thanks

[lozza]

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

hi. we have the same form and are asking the exact same questions .......... any help would b appreciated thanks