3GHutchison/Lowell/BWLegal

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

An extension, if agreed, costs nothing. The application to force compliance with the rules and extend beyond that allowed for in the rules is the one that costs unless exempt from fees.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Thanks M1.

How can I confirm if I have an extension till the 18th June like BW have suggested, without having it in writing from them?

Do I inform the court? Do they?

B

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

You can't really. If by Tuesday they haven't done it then 1 last call to warn them you'll be making an application to the court if they don't email agreement immediately. If they don't then file the application straightaway.

The defendant, you, have the duty to inform the court.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Thanks M1

So it's best I start getting supporting documentation for fee remission (I'm pretty sure I'm entitled).

Do I do this in person at a county court or via MCOL?

Sorry for bugging you, the deeper I go the more complicated it seems to get.

B

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

MCoL via email and phone.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

So after daily early morning phone calls and telephone overview emails to BW Legal I finally received a letter confirming my account is on hold in order for me to file a defence by 18th june.

I need to inform the court of this extension but I'm not sure how to go about it. I find the MCoL site isn't very informative.

B

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

Forward it to ccbcdefendants@hmcts.gsi.gov.uk with your note added.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

I have until the 18th to submit my defence, I am in need of help to prepare it.

The replies to the CPR 31.14 and CPR 18 requests said that BW Legal would:

"seek to ensure the information requested is provided in 12 working days (in one reply 14 in the other), however this is contingent on receiving the documentation from the Original Creditor within the aforementioned timescale"

This aforementioned timescale is gone and I have received nothing from then since the 24th of last month which was the letter confirming that they (BW Legal) had placed my account on hold in order for me to file a defence by the 18th of June.

I once again am unsure what I should do/be doing at this point, without the documents I can't really do anything but carry on waiting?

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

can someone advise me on what I should be doing, I have to submit my defence in a week and have yet to prepare it.
Am still waiting for the documents requested via CPR and the time frame BW Legal gave me has come and gone, do I chase them up? Do I try and get the court to order them to comply or the claim struck or what?

[Amethyst]

Re: 3GHutchison/Lowell/BWLegal

Okay, so now you can either apply to the court to order them to come up with your documents, or submit a defence or admission based on the information you have, which isn't a great deal, so your defence really will be telling the court that you've tried to get the claimants to send you the documents from their statement of case as without those you are unable to fully defend or admit the debt.

I'll find an outline for you xx

[Amethyst]

Re: 3GHutchison/Lowell/BWLegal

Something like.....



1. The Claimants statement of case fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant feels that the Claimants pleadings are an abuse of process. The statement of case is lacking detail, there are no details as to what the debt relates excepting that the original debt is for a ''non-regulated Communications agreement' alleged to have been agreed with 3gHutchinson.

3. Despite sending requests for information, and agreeing an extension to the deadline for filing of this defence to allow the Claimants a further 28 day to provide information to assist with his defence or admission, the Claimant has not provided any details as to how the sums claimed have accrued, nor any evidence of an agreement with 3gHutchinson, or of their ownership of the alleged debt. The Defendant does not have enough information on the claim form to know what the debt is other than it sounds like a mobile telephone contract (non-regulated Communications agreement)

4. The Defendant recalls having numerous mobile phone contracts over the last ten years but does not recall details of any contract with 3gHutchinson.

5. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

6. No date of inception of the account has been given.

7. The claimants state that the account was assigned from 3gHutchinson to Lowell Portfolio on xxxxxxxxxx. The Defendant has not received any notification of this assignment.

8. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

9. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further and any cost of doing so should be paid by the Claimants.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Nice one Amethyst.

I presume that I cut and paste the above into the defence box on the MCol submission form.

Do I submit now or nearer the 18th?

B

[Amethyst]

Re: 3GHutchison/Lowell/BWLegal

Nice one Amethyst.

I presume that I cut and paste the above into the defence box on the MCol submission form.

Do I submit now or nearer the 18th?

B

Well, obviously check the facts stated are correct - eg. 5. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim. - is that the case? and so on, but yes would need to go in to the court if it fits in the online box then yes thats usually easier.

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Yeah I think I have to change 4. because I currently have a Hutch3g contract that I took out the same day as the one I'm disputing. I have the original agreement for it.