Received court claim forms from bw legal/ lowell portfolio

[GM2226]

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

Hi,
I hope you are replying to the intended thread.
please confirm that it is meant for GM2226.
Thanks

[Celestine]

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

Hi GM

Yes that message is for you. I rechecked the thread after posting and I can see that you did indeed send the CCA request in February, so that's good.
I think it would be helpful to get BW Legal to clarify the exact status of this claim.

Kate

[GM2226]

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

Thanks Kate,
Please explain what you mean by status of the claim.
I really appreciate your help.

[Celestine]

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

Presently the claim is still 'live'. They say they won't move for Judgment, but there is no clarity on how long this will continue for. You can obviously make an application to force disclosure.
Or we can ask them nicely to spell out exactly where things stand?

[GM2226]

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

Hi,
I spoke to BWEGAL today, informed them that I was going to file for an order for disclosure and it will cost them but it was a route I didn't want to take but since I have to file my defence and they have failed to supply me with the requested documents that I need in support of my defence in the time required then I have been left with no choice. they said that it was in my best interest to file a defence and that when they get the documents then they will contact me???. Please advice.
At the moment I am working on the N244 application.
Do I pay for a postal order and send it off with the forms by post or there is another way?

Please advice!
Thanks

[mystery1]

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

Pay by phone before 15:15. You can email the forms too, get the email address when you pay.

M1

[GM2226]

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

Thank you M1,
I will do it in the morning.
Just for clarity do I still go on MCOL and file a defence or once I do N244 application then I am fine for the moment because tomorrow 28/03/2014 is my 28th day of the extension. sorry I am getting a little panicky and confusing myself so bear with me and just lead me in the right direction.

[Amethyst]

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

No need to do a defence as well.

[GM2226]

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

Thanks MI,
I was just completing the N244, just to be sure for question 9 is it Lowell or bwLegal that I have to serve the application?
I am not sure who to put down. the claimant or the claimant's solicitors?
Thanks

[mystery1]

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

Just put "claimant"

M1

[GM2226]

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

HI,
Thank you M1.
Still on the N244 application for Question 3 (referring to the thread11 link), where it states that the defendant shall file and serve his defence by 4pm on ........ 2014. Is it me to come up with the date from todays date as long as it is more than 21 days or it is determined by the court?
Secondly in the draft order to be attached where it states ( Before the District Judge.........on the ....... day of 2014), Do I have to determine the date or it is left blank for the court? and also where it states ( IT IS ORDERD THAT: 1. The claimant shall by 4pm on........2014(7 days from the date of this order)), Do I still determine the date or it is the court.
Please help I am not sure here and don't want to make mistakes.
Thanks

[Amethyst]

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

You can put in your own dates but the court will change them accordingly - if you put in your own dates delete the bits in brackets, otherwise leave them in. Ummm so basically, up to you

[GM2226]

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

Hi All,
Thanks Amethyst for the last thread.
Just to give an update!,
I posted off the N244 application notice on 28/03/2014, having earlier paid £80 to the Northampton court by phone.
I made a copy of the notice, the order and the witness statement for the claimant as stated on the N244 application guide notes and sent it all with that of the court together within the same package to the court by special delivery.
On Monday 31/03/2014, I rang Northampton court to find out whether they had received it. they said there was nothing yet on the system but I should call back later or the following day to check. They asked me whether I had informed the claimant/ BW Legal about my intent of lodging an application. I said I had briefly, so they advised me to contact them and let them know that I have made the application. I contacted BW legal and informed them. the lady I spoke to tried to be funny by saying that on their system it said as per the last communication that I was going to file my defence??. I told her that I had told them that I was going to make an application to court to force them produce the documents as they couldn't confirm to me when they would deliver the documents yet the 28 days extension was up and could not even tell me what more time they needed if they needed it to deliver the documents which documents I needed in order to file my defence. she said she would put a note on the system.
On Tuesday 01/04/2014, called the court again and the lady I spoke to couldn't initially find the reference number but later found it and said the case had been transferred to my local court and that they will get in touch with me or I could contact them as it was now no longer at Northampton because of my application N244.
I asked whether that was the procedure and she confirmed that yes it was. said to give it at least two to three days for them to contact me.
On the same day I received letter from Northampton court headed '' Notice of Transfer of Proceedings'', it said '' To all parties. '' the claim has been transferred to.......county court for that court to deal with the defendant's application for the claimant to supply additional information. That court will send you and the other parties notice of the time, date and place of hearing.''
On Tuesday 8/04/2014 I received another letter from the local court, it contained two documents; the first one was headed '' General Form of Judgement or Order it states'' before District Judge.......... sitting at ......county court (with address) Upon reading the Defendant's Application dated 28th March 2014
IT IS ORDERED THAT:-
1. The Defendant's application be listed to be heard here at ......... county court on 15th April 2014 at ...am with a time allowed of 10 minutes.
Dated 4th April 2014.
the second one was headed '' Notice of hearing of the Defendant's Application'' it stated '' TAKE NOTICE that the hearing of the Defendant's Application will take place on 15th April 2014 at .....am at ......... county court ( with address) when you should attend 10 minutes has been allowed for the hearing of the Defendant's Application
Please Note: This case may be released to another Judge, possibly at a different Court''.
That is it so far.
What I don't understand is does it mean that the court has not yet ordered the claimant to supply the documents and will do so at the hearing? Please file me in about this procedure.
And also do I have to report to court for the hearing or it can be heard without me present?. and also do I have to say anything or just watch as every thing is already in the documents supplied to the court?. Please advice

[Amethyst]

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

does it mean that the court has not yet ordered the claimant to supply the documents and will do so at the hearing?

Basically, yes. Well, it would have been easier if the court had made the order requested without the hearing, but at least at a hearing you'll be able to argue your case if the claimants try to argue you aren't entitled to inspect the documents, or the judge decides the CPR doesn't apply. You should definitely attend.

You will probably need to speak a little bit. It might help if you have your witness statement with you and add to it anything further that happens between now and then. You also have the non compliance with the cca request as back up on defence if the court wont order compliance with the CPR.

[mystery1]

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

You need to turn up and present your case.

You need to know the rules and reasons to support your position.

In case anyone contests that it's small claims and hence cpr 31 does not apply you need to know cpr 27 http://www.justice.gov.uk/courts/pro...l/rules/part27

Scope of this Part
27.1
(1) This Part –
(a) sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26


Obviously your case has not been allocated as per cpr 26.

Most of the rest is in your application.

M1