Court Form for Lowell Portfolio

[stefanieburton]

Re: Court Form for Lowell Portfolio

Afternoon to all

Im just wondering is there anything I need to do as ive not had a reply regarding the letters I sent yet, but the 24th March is Monday?

Thank you

[Amethyst]

Re: Court Form for Lowell Portfolio

Okay, have you had nothing at all back from either letter?

Well 24th March is the deadline for your defence and as you have had nothing back you should give the solicitors a call tomorrow (Don't worry they are actually quite nice) and ask if they want to agree and extension to your defence filing date as you haven't had information under the CPR, OR the CCA off of them and without that will have to apply to court for compliance of your requests. The case hasn't been allocated to a track yet - so could they send over an email under CPR 15.5 extending the court deadline for defence/admission and ensure they get the documents to you within the next 14 days.

You could email them if you really don't want to call but it's less quick. They might well refuse in which case you will need to prepare your application (details in the link http://www.legalbeagles.info/forums/...ic-information ) and include the phone conversation or email in the Witness Statement accompanying that.


(and yes 24th march is right - 28 days + 5 for service = 33 days from issue - I double checked on http://www.timeanddate.com/date/dura...&d2=24&y2=2014 as my maths is terrible )

[stefanieburton]

Re: Court Form for Lowell Portfolio

Thank you Amethyst, I will get on with this, I don't mind calling :-).

Thought I would put the date I had worked to check lol.

[stefanieburton]

Re: Court Form for Lowell Portfolio

Hi amethyst, I spoke with bw legal again today, and she told me to put a defence in requesting these documents as all they know is it's CL finance, made out they couldn't extend the time limit now it's at 28 days. Shall I do this?

[ncf355]

Re: Court Form for Lowell Portfolio

Defence?

No, an application to strike out their claim would be more in order

[stefanieburton]

Re: Court Form for Lowell Portfolio

How do I do this?

[ncf355]

Re: Court Form for Lowell Portfolio

Well

Have you applied for enforcement of the CPR 31 information via an unless order as shown on the CPR31.14 thread?

[stefanieburton]

Re: Court Form for Lowell Portfolio

Ok phoned again got another person, who seemed lovely and a bit more understanding, she said on the phone she is requesting the information to be posted to me and has held it for 14days.

[Amethyst]

Re: Court Form for Lowell Portfolio

Good stuff. You have two options really, enter a defence stating you don't know what the debt its and have asked the claimants for the paperwork under the CPR 31.14 and the Consumer Credit Act s.77 but they have yet to provide anything, OR sort out an application to ask the court to order inspection of the documents they disclosed in the claim form (ie the ones you asked for copies of in your CPR letter to them) - details of doing this are in the guide thread http://www.legalbeagles.info/forums/...ic-information

Even though they have said they will keep it on hold for 14 days its not that useful to you unless you have something in writing confirming an extension to your defence date for you to forward on to the court to add to your file (so the claimants couldnt enter default judgment in the meantime)

[Celestine]

Re: Court Form for Lowell Portfolio

I think the most critical fact here is the fact that you have clearly not dealt with this account for possibly 8 years. This makes it time barred under the Limitation Act 1980; which is in itself a complete defence to any claim.

Personally, I'd defend it with a simple defence stating time barred and non compliance with any CPR request. If it gets 'stayed'. i.e. no response to defence, I'd then apply to strike out the claim. Read the thread Amethyst linked you to so you can decide which course of action is best for you.

[mystery1]

Re: Court Form for Lowell Portfolio

I think the most critical fact here is the fact that you have clearly not dealt with this account for possibly 8 years. This makes it time barred under the Limitation Act 1980; which is in itself a complete defence to any claim.

Personally, I'd defend it with a simple defence stating time barred and non compliance with any CPR request. If it gets 'stayed'. i.e. no response to defence, I'd then apply to strike out the claim. Read the thread Amethyst linked you to so you can decide which course of action is best for you.

I'd also add non compliance with cca 77 request.

M1

[stefanieburton]

Re: Court Form for Lowell Portfolio

Hi Celestine, I did put a defence in at 4.48pm tonight stating I didn't know what the debt was and have asked the claimants for the paperwork under the CPR 31.14 and the Consumer Credit Act s.77 but they have yet to provide. Should I leave that and see or am I able to adjust the defence.

[Celestine]

Re: Court Form for Lowell Portfolio

Can you share your defence wording with us please?

[stefanieburton]

Re: Court Form for Lowell Portfolio

I am unsure of what this debt is and have asked the claimants for the paperwork under the CPR 31.14 and the Consumer Credit Act s.77 but they have yet to provide. I have spoken with anni at bw legal and she suggested to file a defence stating this information and to note they will hold the file for a further 14 days whilst they request this.

[Celestine]

Re: Court Form for Lowell Portfolio

OK, that defence will need amending to reflect the fact that you believe the debt to be time barred under Limitation Act 1980.

Can you PM/email me your details and I will arrange direct with BW Legal to resolve this hiccup.