Received court claim forms from bw legal/ lowell portfolio

[GM2226]

Hi everyone, I'm just going to go straight to the issue at hand.
I received county court claim forms from BW LEGAL on behalf of Lowell Portfolio. the POC goes as; The Claimant's claim is for the sum of XXX being monies due from the Defendant to the Claimant under a mail order agreement regulated by the CCA 1974 between the Defendant and Shop Direct Finance Company Limited. under account reference XXXX and assigned to the claimant on 30/09/2010 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% per annum ( a daily rate of 0.13) from the date of assignment of the agreement to the date of issue( 24/01/2014) being an amount of XXX. I have read through some of the threads here about replying AOS then sending out CPR31.14 request to BW Legal and CCA request to Lowell with a £1 Postal Order payable to Lowell. I have done this but I think I made a mistake on the two letters by writing them as normal letters where at the top left hand corner I put my name and address then the right hand corner the address of BwLegal and their address followed by the template given here on the forum. Question- does this change their form and meaning? Question2 - I received the claim forms dated 27/01/2014 and lodged the AOS on 12/02/2014 then sent the letters out on 13/02/2014. am I in time to request for more time and from who BW Legal or Lowell? Question 3- rang BW Legal to confirm that they received the letters and find out when they will be sending the documents, the lady said they were not going to send the documents because it is at court stage and that I should have done it before it progressed to the CCJ level and that I should file my defence asap or they are going to issue a CCJ. Please I would appreciate all your advice as to how i should proceed. it threw me off when she said they would not give me the documents and that they would write to the court. Thanks

[FlamingParrot]

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

Hi everyone, I'm just going to go straight to the issue at hand.
I received county court claim forms from BW LEGAL on behalf of Lowell Portfolio. the POC goes as; The Claimant's claim is for the sum of XXX being monies due from the Defendant to the Claimant under a mail order agreement regulated by the CCA 1974 between the Defendant and Shop Direct Finance Company Limited. under account reference XXXX and assigned to the claimant on 30/09/2010 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% per annum ( a daily rate of 0.13) from the date of assignment of the agreement to the date of issue( 24/01/2014) being an amount of XXX. I have read through some of the threads here about replying AOS then sending out CPR31.14 request to BW Legal and CCA request to Lowell with a £1 Postal Order payable to Lowell. I have done this but I think I made a mistake on the two letters by writing them as normal letters where at the top left hand corner I put my name and address then the right hand corner the address of BwLegal and their address followed by the template given here on the forum. Question- does this change their form and meaning?

No, it shouldn't make a difference, as long as the wording was correct.

Question2 - I received the claim forms dated 27/01/2014 and lodged the AOS on 12/02/2014 then sent the letters out on 13/02/2014. am I in time to request for more time and from who BW Legal or Lowell?

You have 14 days to do the AoS from the date of service, which is calculated by adding 5 days to the date on the claim. If you stated your intention to defend the claim in full, you get a further 14 days. I make it the 1st of March at the latest. If you sent a CPR 31.14 request to BW Legal and they don't respond in 7 days as indicated on the letter, you should contact them and ask them to agree to an extension of 28 days, the maximum allowed under CPR 15.5.

Question 3- rang BW Legal to confirm that they received the letters and find out when they will be sending the documents, the lady said they were not going to send the documents because it is at court stage and that I should have done it before it progressed to the CCJ level

The CCA request should have gone to Lowell with a copy to BW Legal, as Lowell are the creditor. The lady is mistaken with regards to it being at the 'CCJ level', since no CCJ has yet been obtained, the creditor still has a duty to respond to a CCA request.

and that I should file my defence asap or they are going to issue a CCJ. Please I would appreciate all your advice as to how i should proceed. it threw me off when she said they would not give me the documents and that they would write to the court. Thanks

We're talking about two separate requests for documents here:

1. The CCA request, which Lowell have the obligation to comply with, non-compliance with a s.78 request can be used in your defence, but you have to allow them the 14 days to respond. If they don't comply, you don't have to chase them for this one. :thumb:
2. The CPR request. This is the one you have to chase BW Legal for, and they have to send the documents mentioned on the PoC. This request is sent precisely because the matter has progressed to the court stage, and they should agree to an extension if they are unable to supply the documents in a timely manner, otherwise you can apply to the court to force compliance, but you have to try and get them to send the documents or agree to an extension before reaching that stage. :clock:

Neither Lowell nor BW Legal can issue a CCJ, only a County Court can issue a County Court Judgment (CCJ). What they can do is apply for default judgment, but they can only do so if you don't submit your defence in time AND no extension of time is agreed. Cheeky sods! :mad2: :mad2: :mad2:

[GM2226]

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

Hello!
Thank you Flaming Parrot for your advice.
Just wondering, when I do the AOS which I already did on the 12/02/2014, do I need to contact the court again immediately to inform them that I have sent out the two letters to (Lowell and BW Legal) or after 7 days of sending the letter to BW Legal solicitors. I need guidance on the follow up. At the moment all I have done so far was; 1) File the AOS which was a tick of boxes ( I intend to defend all of this claim) and didn't put any particulars. 2) Sent out the two letters on 13/02/2014to Lowell (CCA request with PO of £1) and to BW Legal (CPR 31.14 request and a copy of CCA). 3) Rang up BW Legal Solicitors to confirm receipt of the letter of which the lady said they had received some sort of letter and said they wouldn't send me any documents as it is at CCJ Level. 4) Rang BW Legal again this morning and spoke to the same lady again who said that she had already told me that they won't send me any documents and reiterated that I should have requested that from Lowell before it going to court.I informed her that the solicitor signed the POC and should have that information at hand and I would like to see it. she then told me that the solicitor who signed it is on holiday but will be getting a call from someone else. am still waiting for that call. Please advice me what to do next especially about whether I need to keep the court updated on what is going on and how do I do it. Thanks

[FlamingParrot]

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

Hello!
Thank you Flaming Parrot for your advice.
Just wondering, when I do the AOS which I already did on the 12/02/2014, do I need to contact the court again immediately to inform them that I have sent out the two letters to (Lowell and BW Legal) or after 7 days of sending the letter to BW Legal solicitors.

No, you don't need to inform the court that you have sent the letters. What you need to do is keep an eye on the timescales. Once 7 days have elapsed since you sent your CPR request, you should contact BW Legal and say that, as they have failed to comply with your request in 7 days and you are a litigant in person (without legal representation), you will need more time to file your defence, and get them to agree to a 28 extension which is the maximum allowed under CPR 15.5. You can ring and/or email them to save time. Get them to put their agreement in writing (email is fine), then you have to notify the court. :typing:

My calculations based on a claim dated Jan 27th say your defence would be due Friday the 28th. You need to allow them their 7 days before you contact them to request an extension. This only relates to the CPR request to BW Legal. There is no need to chase or follow up the CCA request to Lowell, if they don't respond in 14 days they would be in default and you could later use that fact in your defence. :thumb:

I need guidance on the follow up. At the moment all I have done so far was; 1) File the AOS which was a tick of boxes ( I intend to defend all of this claim) and didn't put any particulars.

That's fine, your defence should come later.

[/Q2) Sent out the two letters on 13/02/2014to Lowell (CCA request with PO of £1) and to BW Legal (CPR 31.14 request and a copy of CCA). 3) Rang up BW Legal Solicitors to confirm receipt of the letter of which the lady said they had received some sort of letter and said they wouldn't send me any documents as it is at CCJ Level. 4) Rang BW Legal again this morning and spoke to the same lady again who said that she had already told me that they won't send me any documents and reiterated that I should have requested that from Lowell before it going to court. I informed her that the solicitor signed the POC and should have that information at hand and I would like to see it. she then told me that the solicitor who signed it is on holiday but will be getting a call from someone else. am still waiting for that call. Please advice me what to do next especially about whether I need to keep the court updated on what is going on and how do I do it. Thanks

You don't need to keep the court updated at this point but you need to keep a detailed log of every letter, email and phone call. You need to tell BW Legal that, if they refuse to send documents, you will be applying to the court for an unless order. If it gets to that point, you'll need to include full details of all your communications with BW Legal.

[FlamingParrot]

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

You may want to look at Cel's post below, which refers to BW Legal's disgraceful behaviour:

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.

[GM2226]

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

Hello,
Thanks for the replies.
Just to give an update;
Received a call back from BW Legal last week, it was a different lady this time. she asked me what I wanted and I told her that I wanted them to send me the documents mentioned in the CPR request letter and also that they had 7 days in which to have done that which they had failed to do so, also informed her that I had called before and spoken to a lady who had outright refused that they would not be sending the documents.

She said that they had put the file on hold, so I asked her to agree on an extension in writing. She said that the file is on hold and they would be writing to the court to inform them of that. I told her that I needed it confirmed by email so that I have a copy to send to court. she said that a letter would be sent in the post.

I insisted on an email as it is quicker and also because their time had run out due to their earlier objections to send the documents. she said that their phone calls are recorded so no reason to doubt them. I told her that that was the problem because so far so much had been said over the phone; one saying that they wouldn't send the documents and now her saying they are going to send them so which is which.

so she told me that an extension had been agreed until 29 march?? but when I received the email it did not indicate the actual date it only stated that ''an agreement had been agreed for an extension of 28 days to enable the defendant more time to prepare his defence''. please advice me on the next step.

I understand I have to now inform the court about the agreement. How do I do this on the MCOL. Do I need to attach the email confirming the extension or I can just state that we have agreed it and up to what date should I state. when should I chase for the documents after this extension in case I haven't received them.

Could you also help me with the wording when telling the court about the extension. Thank you!

[Amethyst]

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

An email to the court is fine for an extension agreement. Defendant Enquiries: ccbcdefendants@hmcts.gsi.gov.uk

The CPR you want to reference is




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.

[lozza]

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

Don't worry, or panic, you're fine. They are not fine. They have claimed against you in court without having anything to back up their claim. Have a read of the application stuff and let me know if theres any queries. You can attach documents to an email and submit them that way to Northampton.

(Have put posts back on your thread )

hiya .
thanku for getting back to me. i think my defence has to be in tomorrow.......arrrgghhh. what do i do about that and which applications do u mean? thanku sorry if im a pain wont sleep till i have sorted this out.

[lozza]

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

ps sorry if im posting in the wrong bit. :tinysmile_cry_t:

[GM2226]

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

Hello,
Just to give an update;
I rang BW LEGAL this morning for an update about the outstanding documents relating to CPR 31.14 request compliance.
Spoke to a lady who said they had contacted Lowell and were still waiting for the documents.
I told her that they had to comply to the request within a given time frame and that time was now up as I have to file my defence by Friday 28/03/2014.
She said that they had put the file on hold and they wouldn't be doing anything until then.
I asked her to give me the time frame in which I should have the documents and she said that she could not because they are still waiting to hear back from their client - lowell but what she is confirming is that the file was on hold and they wouldn't be doing anything until then.
I told her that compliance had to be done within a given time frame and has to be confirmed in writing.
She said that they will be writing to confirm that the file is on hold.
I told her that the solicitor should have been in possession of the documents that were stated in the POC that she signed for.
She said that she didn't need to and that she has already told me that they have requested for them but don't know when they will get them from their client.
I told her that I will be letting the court know that they have failed to delivery the requested information in a timely manner.
She said I could do that if I wished but she has already told me that the file is on hold and that is all she can say otherwise we are going in circles about the documents.
She said that they were aware that I need those documents to file a defence and that is why they are saying that the file is on hold until they hear from their client (Lowell).
Please I would appreciate some advice of how to follow up because my extended defence deadline is 28/03/2014.

[mystery1]

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

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

Any questions just shout xx

They have left you no option.

M1

[GM2226]

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

Hello,
Thank you M1.
Do I need to also send them an email to confirm what I intend to do as a result of what was said over the phone since the evidence of what we talked about was by telephone and have no way of proving to the court.
Do I have to include that the costs will be covered by them if successful at this late stage?
Please advice.
I am going to follow up the above thread but just wanted to confirm whether I need to inform them in writing of my intention.
thanks

[mystery1]

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

No, but it's not a bad idea to ask them to consent to save on costs. I doubt they would but it all makes you look like your reasonable.

M1

[GM2226]

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

Hi,
Thanks for all the advice.
Received an email yesterday from BW Legal saying that; ''they confirm that the matter is currently on hold while they await receipt of the documents that I asked for from their client- Lowell.
that they also confirm that they will not be proceeding with any further action in relation to the matter until they have complied with my request''.
Isn't this still non compliance in terms of time of delivery?
Just to be sure, can I still go ahead with the court order application even if they are saying they are going to get me the documents.
Please advice if I can still proceed as I feel that they should have had their house in order before taking court action and I don't think it is ok for them to take as much time as they wish at my expense.
Thanks

[Celestine]

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

I think we need to get some proper clarity on the status of the claim. In addition to your CPR31.14 request have you ever sent a s.78 CCA request to Lowell or the original creditor.

What year did the debt account start?
If you want to PM/email me your details and claim number, I'll give them a quick call on your behalf.