Received court claim forms from bw legal/ lowell portfolio

[GM2226]

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

Thanks all.
I will prepare

[GM2226]

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

Hi Everyone,
Update!
Went to court for the hearing on 15th April as stated in my previous thread.
At the hearing, Judge allowed me more time to file my defence by 13 June and questioned lowells' representative to explain the solicitors costs which had been included in the POC because at the time of the hearing, they still did not have any documents to present before the judge as requested in my CPR31.14.
It was ordered that Lowell should produce the documents requested for by latest 4pm on 13th May and also to refund my costs of £80 for the application N244 by 4pm on 6th May.
I have so far received a cheque of £80 as per the order from BWLegal dated 6th may but was received on the 8th May with a letter dated the 7th May requesting me to acknowledge receipt.
As of today the 16th May, I have still not received the documents requested and ordered for from Lowell or BW Legal.
The deadline for delivery was 13th May as per the court Order and still no compliance.
Any advice?

[mystery1]

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

Was it an unless order or just an order for disclosure ? i.e. does the order mention striking out the claim ?

M1

[Amethyst]

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

In the order the Judge gave you was there any sanction listed for non compliance with the order? Might be worth giving your court a call to say you've received nothing and check if they have. You may need to apply for a strike out

Good news on how the hearing went btw Well done.

[GM2226]

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

Hi M1,
No It does not state that, it states;
In the County Court at xxxxxx
Claim number xxxxxx
Date. 24 April 2014
Lowellportfolio1 ltd 1st Claimant
Me 1st Defendant

Before District Judge xxxxx sitting at the county court at xxxxxxxxxxxxx,
Upon hearing the defendant in person and hearing the solicitor for the claimant

IT IS ORDERED THAT:-

1. The Claimant shall deliver to the Defendant by 4pm on 13th May 2014 copies of the credit agreement, the defendant notice, and the agreement referred to in the claim form.

2. The Defendant's time for serving their defence is extended to 14th June 2014.

3. The Claimant shall pay the Defendant's costs summarily assessed in the sum of £80.00 to be paid by the Claimant to the Defendant on or by 4pm on 6th May 2014.

Dated 15th April 2014

[GM2226]

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

Thanks all for the support!

[mystery1]

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

IMO there is no sanction specifically provided for which is a pain.

I would contact the claimant and ask why they haven't complied. You might want to point out CPR 31.21 to them

Consequence of failure to disclose documents or permit inspection

31.21 A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission

Now that in itself appears give them a substantial problem. How are they going to prove their claim now ? They will need relief from sanctions. They are unlikely to get it.

If they have no reason for the delay (eg we posted it to you, it must be lost etc) then invite them to discontinue or you'll apply for another order, with costs.
M1

[GM2226]

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

Hi all,
Latest update!,
Rang up BW Legal,
Acknowledged receipt of their cheque for £80 for the costs.
Informed them that I still had not received the documents as requested/ordered and asked for an explanation.
They said that they still had not received the documents from their client.
Informed them that the time for compliance had elapsed.
Offered them an opportunity to withdraw their claim since they had failed to comply in time and still appear not to be in possession of the required documents.
The gentleman I was speaking to then said that I needed to put my request in writing.
I informed him that I was not requesting but simply trying to offer them an opportunity to avoid further costs due to their non-compliance and because they still had no documents even at this late stage.
He said he understood what I was trying to do but he could not make a decision over the phone but would need to communicate back to his client about the offer and then make a decision.
I informed him that I will be informing the court next week about their non-compliance to the order.
He said he will be updating their system about our discussion.

[mystery1]

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

He probably knew you were right but he is also right that he has to take instruction.

At least you now know there were no issues and they wilfully didn't comply. Write a wee email to confirm the details of the call in case you need evidence later

M1

[GM2226]

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

Thanks M1,
Any Advice about the follow up procedure as it is confirmed that there has been wilful non compliance to the order based on the fact that no change in position of Lowell/BW Legal about the documents.
What application do I need to apply for at court if any at this stage as a follow up?

[mystery1]

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

None really. If it gets that far i would object to the introduction of any document they failed to disclose. The sanctions provided in the rules take over and unless a judge says it's ok they're stuck. Given Mitchell and the over riding objective along with the sanctions provided for in the rules they'll have a hard job without a (sym)pathetic judge.

Give it a week or so and then consider starting a defence based on what you have, if they haven't conceded by then.

M1

[GM2226]

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

Thanks M1,
Any idea of how to present my defence after the 1 week?
Just want to be prepared to avoid deadline panic

[mystery1]

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

http://www.compactlaw.co.uk/free-leg...t.html#Defence

Obviously you deny what you can and state the statutory bar to enforcement in s78 for starters.

It would be very helpful ton know if the catalogue was pre 2005 and if there was ever a signed document.

M1

[ohitsonlyme]

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

As an aside to this you won costs of the application but didnt request your own costs which as a LIP you are entitled to at £18 minimum
I recently won the £80 back plus another £320 for my own costs it will make them think twice about not complying or taking you on
I treated myself to a mini victory new power tool

onlyme

[pt2537]

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

If the Court has made an order, and the Claimant has failed to comply, then a second application with an unless order sanction on it is the way to go in my view. The Claimant has ignored the Court already sooooooooo Andrew Mitchell MP v News Group Newspapers anyone?????