Ochmode vs BWLegal/Lowells/Lloyds

[Amethyst]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Basic guidance here -> http://www.legalbeagles.info/forums/...ic-information

Any questions just shout xx

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Basic guidance here -> http://www.legalbeagles.info/forums/...ic-information

Any questions just shout xx

Thanks Amethyst.

I didn't manage to send it today, but will do first thing tomorrow as I making sense of what I should include and all.

Question 5. How do you want to have this application dealt with?- Do I choose at a hearing or without a hearing (which is a cheaper option but can this be detrimental?)
6. How long do you think the hearing will last?
7. Give details of any fixed trial date or period
8. What level of Judge does your hearing need? - Not sure here
9. Who should be served with this application? - BW Legal and Lowells?

not sure of some of these answers, so i'd be grateful for some advice please.

regards,

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

5. At a hearing
6. 30 mins
7. None.
8. District
9. Claimant

M1

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

5. At a hearing
6. 30 mins
7. None.
8. District
9. Claimant

M1

thanks M1.

I have completed all three forms and drafting my narrative for box 10 on the n244 form. Will post here for review if its ok to do so.

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

My response.

"On the 13th of February 2014, following service of a claim form in this case, I wrote to the claimant’s solicitors who are acting in this matter requesting inspection of documents mentioned in the particulars of claim pursuant to CPR 31.14. My letter also requested an extension of 28 days (to be confirmed in writing) to enable me to formulate my defence in accordance with CPR 15.5. A copy of my request and certificate of posting is attached to this form (marked A).
I followed my letter up by telephone on the 28th of February 2014 and was told that I could not be given reasons why they have not complied with my request (15 days after the request) and I would be contacted the following Monday.
I was not contacted as advised by the call handler, so I telephoned on the Monday 3rd of March rerequesting an update on these documents, I was informed that the legal team were unavailable and as such an update could not be provided.
I telephoned again on the 4^th of March where I was informed by a member of the team that my file was now being looked at and the case put on hold. I was advised that the CPR31.14 request will now be looked at and the documents will be requested from their clients. I stated that following their noncompliance I was requesting an extension to enable me file my defence and would like this confirmed by email, this was agreed immediately. I then telephoned back hours later chasing the email after I had not received confirmation, it was subsequently sent. (Marked B) I then advised the court accordingly.
I made a further telephone call on Monday the 10^th of March chasing these documents and I was informed the documents had been requested from the Client on the 4^th of March but no indication could be given of when the documents would be ready and that it could take up to 28 days.
After a further seven days I contact the solicitors via email stating I had not received any communication from them regarding when I was to expect the documents requested and as I would need time to file my defence. I mentioned I could only allow a further four days Tuesday inclusive, till the 21^st of March to produce to said documents. (Marked C)
The Claimant has to date failed to supply copies of the documents mentioned in the particulars of claim and the defendant has been put at a disadvantage for filing a defence due to the claimant’s actions. The defendant contends that the claimant should have the necessary documents before proceeding with a claim against the defendant. The claim is being handled by a firm of solicitors who should have a properly prepared case before issuing any claim and not be reliant on their client to supply the necessary documentation that the claim is based on."

I hope this is in some way comprehensible.

[ncf355]

Re: Ochmode vs BWLegal/Lowells/Lloyds

To my eyes, it seems a good case but I would try and break it up into paragraphs properly for ease of reading?

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

To my eyes, it seems a good case but I would try and break it up into paragraphs properly for ease of reading?

Sure, will amend accordingly.

Will keep you all posted.

Very many thanks for all your advice and comments.

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all, It's been a quiet few months. Well the judge ordered a hearing for the 18th of this month. They submitted a claim for default judgement and the judge said naaaa so there it is.

just to recap, I still haven't had the documents and no communication from them apart from a few phone calls chasing me for payment this stopped after I told the caller the case is in court still.

I wouldn't mind some advice please and tips on how to prep for this court date?
Thanks all

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all, i am conscious the court date is this Friday so I would really appreciate some advice please.

many thanks

[Amethyst]

Re: Ochmode vs BWLegal/Lowells/Lloyds

So court date on Friday against BW LEgal/ Lowell , no documents, no agreement, and this is your CPR 31.14 request compliance application hearing ?

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

http://www.legalbeagles.info/forums/...724#post436724

http://www.legalbeagles.info/forums/...393#post447393

M1

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Also ask how you can obtain proper legal advice on the actual case without details.

M1

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

So court date on Friday against BW LEgal/ Lowell , no documents, no agreement, and this is your CPR 31.14 request compliance application hearing ?

Thanks Amethyst, I believe it is. I had filed an unless order to that effect and wasn't hoping for a court date.
Thanks for the links M1, will review when I get home! At work still.

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all, I have managed to download to brain and scribble as much info as I can from both links. we will see what happens in the next 14 hours:tinysmile_grin_t:. Just wanted to check, do I need to print out the case laws? or what should I make copies of to hand to the DJ?
thanks.

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Print the case law in full. 3 copies of each. 1 for you 1 for them and 1 for judge.

M1