Received court claim forms from bw legal/ lowell portfolio

[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

:whistle:

M1

[pt2537]

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

Yeah, what he said lol

:whistle:

M1

[GM2226]

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

Hi everyone,
Thank you for all the advice.
Update!,
I rang up the court this morning to enquire whether they had received anything from Lowell with regard to the outstanding documents and also to let them know that I had not received anything apart from the payment of £80 for the costs.
They said they had not received anything either.
They advised me to drop them a line in form of a letter stating that I had not yet received the documents stated in the order and then they would point it to the Judge.
Any advise as to how I should present this letter?
Thanks

[GM2226]

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

Hi everyone,
Another update!,
I have received an email from BW Legal solicitors,"referring to our telephone conversation- (see thread 38) that their client has provided them with instructions to discontinue the claim.
"Accordingly ,Please find enclosed a consent order which confirms the same."
"We would ask that you sign and return this to us within the next seven days, upon which we will file this with the court, thus bringing an end to these proceedings.
"We look forward to receiving a signed copy of the order by 4.00pm on 26th May 2014."

The Document is as follows:

In the County Court at xxxxxxxx
Claim No xxxxxxxxxx
Between
Lowell Portfolio 1 ltd Claimant
and
Me Defendant

CONSENT ORDER

Upon the parties having reached agreement as to settlement of the above claim
BY CONSENT IT IS ORDERED THAT
1. The Claimant discontinues the claim against the defendant.
2. There be no order as to costs.

DATED:

We hereby consent to an order in the above terms


BW Legal
Addresss xxxxxx
Solicitors for the Claimant

ME
Address xxxxxxxx
Defendant

Could someone explain to me what they understand by all this and what it means in actual terms.
I don't want to consent to something that isn't clear.
Any advise please.

[pt2537]

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

What it means is that they are wanting to give up and run away but they want your agreement to do so first.

[mystery1]

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

The want to concede but they are still trying to screw you.

As i understand matters, the claim has never been allocated to small claims track.

http://www.justice.gov.uk/courts/pro...es/part38#38.6

You can accept or you can ask for costs.

Your call.

M1

[GM2226]

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

Thank you M1,
Can you assist me here.
I will go for costs.
But first, what do they mean by " upon the parties having reached agreement as to settlement of the above claim"?
Secondly, can they make another claim later on?
Thirdly, about the amounts in the POC that they were claiming that is; debt + added interest and solicitors fees?
Forth, Is there a standard costing structure when claiming costs?
Please assist
Thanks

[GM2226]

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

As per thread 38,
Does my inviting them to discontinue mean that I agree to forfeit costs?, because I don't want them saying that by me asking them to discontinue and withdraw the claim because they would incur additional costs when I make another application to court as acceptance to not claiming costs.
I just want to be sure.
Thanks

[mystery1]

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

But first, what do they mean by " upon the parties having reached agreement as to settlement of the above claim"?

You and them have agreed that it's ok to discontinue. If you don't accept on the basis of no costs then you're not relly agreeing to anything because you can't really stop them chucking in the towel ! So it's not anything noteworthy really. Ignore.

Secondly, can they make another claim later on?

With great difficulty and if your "xxx" is less than a grand i'd be surprised if they spend any more on recovery. It's simply not worth it.

Thirdly, about the amounts in the POC that they were claiming that is; debt + added interest and solicitors fees?

You've lost me. What about it ?

Forth, Is there a standard costing structure when claiming costs?

£18 per hour 10p per copy plus any other expenditure such as postage etc.

Does my inviting them to discontinue mean that I agree to forfeit costs?

Nope.

M1

[GM2226]

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

Thanks M1,
Going back to item3, about the amounts in the POC that they stated. Are they going to be chasing me for the stated total amount which include those propped up figures of the debt + solicitors fees + interest as they stated in the claim form after discontinuing the case.

[GM2226]

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

Am I obliged to respond to their letter or can just ignore it?
So that they sort it out with the court about the non compliance.

[mystery1]

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

Thanks M1,
Going back to item3, about the amounts in the POC that they stated. Are they going to be chasing me for the stated total amount which include those propped up figures of the debt + solicitors fees + interest as they stated in the claim form after discontinuing the case.

I'd not be expecting to hear from them at all really.

Am I obliged to respond to their letter or can just ignore it?
So that they sort it out with the court about the non compliance.

Well you should contact them. I agree to a consent order but not without costs. I want £xxx costs.

Then await a reply.

M1

[GM2226]

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

thank you!
Can I also claim the costs I missed out at the time of the hearing? or that cant be included/revisited

[mystery1]

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

Nah, a judge already ruled on that.

M1

[GM2226]

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

Hi everyone,
Do I get penalised for not signing the CONSENT ORDER sent by BW LEGAL solicitors by the deadline date specified on the order.
I sent them an email asking them to confirm as to my understanding that they no longer have any claim against me and that the matter is now settled and complete.( that is in response to reaching agreement as to a settlement).
Also to make sure that they don't update my credit file with the new figure they are stating in the claim foam.
The reason behind is that they are now communicating using the amount on the claim foam as the outstanding amount instead of the old figure before they went to court.
I am waiting for their response.
But are there any penalties that I could fall into for not signing the Consent Order foam they sent me by the 26th May 2014 while I await for their reply to my email?