BWLEGAL responded to my CPR request but not sure what to do next, please help!

[John.123]

Hello,

Thanks again for all help received to date much appreciated and how much help this site and members have given me.

I received claim on 18th but dated 15th from NCC for Lloyds overdraft/lowell/bwlegal


I sent CPR 31.14 Request on 20th Jan they received on 21st they replied letter dated 28 Jan but I received only on 4th feb the letter says following,

Letter contents>

Thanks for your letter, the contents of which have been noted.
We are currently looking into some of the points raised and will respond to you in due course

Please can someone advise what my next steps are as I'm feeling rather anxious as worried about time closing in.

Many thanks again
John

[Amethyst]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Did you acknowledge the claim?

You'll need to ask them to agree an extension for the time to file your defence if they are going to take their time responding to you. I'd do this a week or so before the defence is due if you don't hear back on the CPR request and then inform the court of the extension agreement.

[John.123]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Hi,

Thanks for response, yes I ackknowledged 2 days after receipt of claim that I would defend in full, so if claim has issue date of 15th Jan when would be best time to send request for extension to BWLEGAL? also is there any templates I should use to request an extension?

Many Thanks
John

[Amethyst]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Ahh probably best to get in touch Monday in that case so you can get agreement to an extension and notify court before defence date of approx 13th Feb.

Quite a few people have got agreement for an extension off the back of a phone call or an email. The CPR is 15.5 .

[mystery1]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

No template, just phone and ask them to email their agreement to you.

I see no reason to wait. I'd just ask them now. Bear in mind that this isn't actually for them to comply late to your request, it is for you to get extra time for your defence. It is of no use to you to get these documents with only a day or 2 to spare and then have to rush your defence. Originally CPR gives you 14 days plus 14 more if you do AOS. They might try to say a day or 2 is fine for you. Boll0cks to that.

M1

[John.123]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Hi there,

thanks for your reply,

I sent an email to bw legal on Monday requesting extension as I hate dealing on phone with these people, no reply yet so I phoned them today to be told its on hold until they send me the requested details, they won't provide a confirmation! Of an extension, so I phoned NCC they have nothing from bwlegal to say extension is granted, so not sure what to do next, I'm panicking now as I don't want a default judgement made please help!

Many thanks
John

[Streetwise]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

No template, just phone and ask them to email their agreement to you.

I see no reason to wait. I'd just ask them now. Bear in mind that this isn't actually for them to comply late to your request, it is for you to get extra time for your defence. It is of no use to you to get these documents with only a day or 2 to spare and then have to rush your defence. Originally CPR gives you 14 days plus 14 more if you do AOS. They might try to say a day or 2 is fine for you. Boll0cks to that.

M1

As M1 says you better get a move on.

[FlamingParrot]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Hi there,

thanks for your reply,

I sent an email to bw legal on Monday requesting extension as I hate dealing on phone with these people, no reply yet so I phoned them today to be told its on hold until they send me the requested details, they won't provide a confirmation! Of an extension, so I phoned NCC they have nothing from bwlegal to say extension is granted, so not sure what to do next, I'm panicking now as I don't want a default judgement made please help!

That would be because it is up to YOU to notify the court that an extension has been agreed. Perhaps BW Legal need reminding about CPR rule 15.5:

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[Amethyst]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

If they will not provide confirmation of an extension, you could apply to the court for an order for them to comply with the CPR request. Although they have agreed to hold off on the phone so you could just let the court know both parties have agreed to extension for time to file your defence while they sort out complying with your CPR request.

Otherwise, Having read back through your other thread, you recognise that you had a debt owing to Lloyds TSB, so an embarrassed defence isn't really appropriate as their POC does state account numbers etc.

I'm not sure what sum you think the debt should be or what paperwork you have regarding the debt, if you are concerned over having a CCJ regarding your future employment prospects (you work in bank IT dept?) then could attempt a negotiation with BW. eg. make an offer to pay the debt by installments over x years with a tomlin/consent order that the claim is stayed unless you default.

If BW legal sent you the CPR docs and they arrived in the post today what would your defence be ?

This account was just in my name with an overdraft I remember it being about £6000 OD limit, I remember Lloyds refusing to close account as it had outstanding overdraft so unable to close

[mystery1]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

If they will not provide confirmation of an extension, you could apply to the court for an order for them to comply with the CPR request. Although they have agreed to hold off on the phone so you could just let the court know both parties have agreed to extension for time to file your defence while they sort out complying with your CPR request.

They haven't agreed to a date and what they are proposing isn't allowed in the rules. In fact it's bullshit.

Phone one last time and explain that you have no choice but to make an application to the court if they insist on their ludicrous position.

Apply to the court for an order compelling disclosure or the claim is struck out.

M1

[John.123]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Thanks all,

so fact it's an overdraft the disclosure will be minimal and probably not gonna be much help to me, I assume not worth hinging my defence on lack of disclosure information? And I should just work with Bwlegal on a payment plan as ultimately I'm gonna have to pay it.

Any ideas what these people might accept as monthly amount and duration ? Would £100 pm until paid be a reasonable offer they might accept? Assume I can ask I would like to setup Tomlin order if their agreeable as I work for a bank and ccj would effect my employment.



many thanks
john

[John.123]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Please can someone advise what best thing to do I have no idea and feeling so anxious now.

Just looked at my credit report and sums don't add up on the claim, my report says I owe £6090 on overdraft, there claim says amount claimed £6800 + costs? Could extra £710 be further interest?

defence due date is Monday as claim papers have date of 15 jan,

i don't really want a ccj as it will effect my employment, but don't want to agree a Tomlin order with bwlegal as I'm not happy about their figures plus I never received the alleged default notice.

i would really appreciate if someone suggest best course of action whether it's one of these options,


1. Contact bwlegal? And try to agree Tomlinson order and payment plan? (Best to call or email?)

2. Apply to court for disclosure (how is this done?) as I never received requested docs and bwlegal would not confirm an extension with me.

i do apologise asking much the same questions but this whole affair has me very flustered, and I don't know which way to turn.

many thanks
John

[mystery1]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Thanks all,

so fact it's an overdraft the disclosure will be minimal and probably not gonna be much help to me, I assume not worth hinging my defence on lack of disclosure information? And I should just work with Bwlegal on a payment plan as ultimately I'm gonna have to pay it.

Any ideas what these people might accept as monthly amount and duration ? Would £100 pm until paid be a reasonable offer they might accept? Assume I can ask I would like to setup Tomlin order if their agreeable as I work for a bank and ccj would effect my employment.



many thanks
john

An overdraft needs agreed and the terms would have been sent to you when you agreed. If the pocs mention this then they need it.

Pretty simple. See my last post.

M1

[John.123]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

Hi M1,

Here's the POC, am I worth pursuing the details from them?

Thanks
J

Claimant is Lowell & Solicitor is BW Legal.
Amounts
Claimed is 6800.66
Court fee 190
Solicitor cost 100
Total 7090.66


Particulars of Claim
The Claimant s Claim is for the sum oi
7,090.66 being monies due from the
Defendant to the Claimant under a
Current Accounts agreement regulated by
the Consumer Credit Act 1974 between the
Defendant and
Lloyds TSB Plc
under account reference xxxxxxxxxxxxxxx
and assigned to the Claimant on 07/08/2012
notice of which has been given to the
Defendant.
The Defendant failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with.
The claim also includes statutory interest
pursuant to section 69 of the County Courts
Act 1984 at a rate of 8.00% per annum
daily rate of 1.34) from the date of
assignment of the agreement to the date of
issue (14/01/2014) being an amount of
704.84

[Streetwise]

Re: BWLEGAL responded to my CPR request but not sure what to do next, please help!

They haven't agreed to a date and what they are proposing isn't allowed in the rules. In fact it's bullshit.

Phone one last time and explain that you have no choice but to make an application to the court if they insist on their ludicrous position.

Apply to the court for an order compelling disclosure or the claim is struck out.

M1

Is your defence due today,if it is you need to do what M1 says IMO,if not they could get a judgement against you.