Munchkins_mum v Lowell/BW Legal

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Thank you for your replies Flaming Parrot and M1, I'm still a little confused - so I advise the court that they are unable to produce any documentation at this time, and complete N244 to make them comply?

The 28 day max extension rule, is that from the date of the court papers or from today, as that is when they have said they are unable to give me any paperwork at the moment as they don't have it..

I feel a little frustrated that the whole thing can't just be stricken out if they haven't got the paperwork for me, it's like they pluck a figure from thin air and hope it isn't contested!

So what will happen if they are unable to produce the paperwork? I'm still a little confused to the whole system, I thought that the attitude of law was innocent until proven guilty, but it seems in this case I've got to pay and push them for paperwork or else they may automatically assume guilt?!

hmm I'm definitely not cut out for legal battles!

Munchkins Mum

[mystery1]

Re: Munchkins_mum v Lowell/BW Legal

The 28 day max extension rule, is that from the date of the court papers or from today

Neither. Initially the claim form has a date on it. You then add 5 days for service and 14 for filing a defence or Acknowledgement of Service. AoS gives you 14 more days to file a defence. So that is 33 days from the date on the form. The extension gives you another 28 days on top so 61 days in total from the date on the claim form.

I feel a little frustrated that the whole thing can't just be stricken out if they haven't got the paperwork for me, it's like they pluck a figure from thin air and hope it isn't contested!

The system is the system. Use it to help you. No point being frustrated. The system is to "ensure" a level playing field not to let you win !

So what will happen if they are unable to produce the paperwork?

See posts 3 & 4.

http://www.legalbeagles.info/forums/...ic-information

M1

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Good evening,
well today I phone the court to advise the situation and as of yet they have heard nothing from the claimants and I'm a little confused to the advice I was given on the phone.
The advisor told me that the 'ball is in their court' so if they don't advise of any extension then my defence will have to be filed by 7 June else they will automatically make a judgement in favour of the claimant.
I said that they do not have any paperwork in order to create a defence, and she has said that all I can do is perhaps state that as the basis for my defence.
But if I submit a defence, from reading other threads on here it would mean it would be allocated to fast track and the request wouldn't be valid anyway?
Do I stand any kind of chance of defending this successfully if I am only stating that they haven't provided any proof when I have asked several times?
I appreciate any opinions on this, thank you

munchkins mum

[mystery1]

Re: Munchkins_mum v Lowell/BW Legal

http://www.justice.gov.uk/courts/pro...es/part15#15.5

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.


Them's the rules. No opinion, no bullsh1t.

Do you think the court workers opinion reflects the rules ?

M1

[teaboy2]

Re: Munchkins_mum v Lowell/BW Legal

Half the time the court workers no jack shit anyway, so don't take their word for it!

Instead follow the advice being given to you here!

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Thank you, in that case tomorrow I will ring BW again and attempt to get some kind of email authorisation from them (I actually found previous emails from December asking for all details pertaining to the alleged debt including showing how this balance was accrued, which they had said they would post as I refused to give them personal details to confirm my identity-instead I asked they post to the address they have been happy to send previous correspondence to, to which they agreed once they had the paperwork from Lloyds-I haven't had all this paperwork though. Ill presume they also won't email time extension agreement...

In which case I will print off the n244 forms tomorrow evening and start that process-Am I right in thinking that I should be including the email correspondence in my defence as unwillingness on their part to provide evidence of debt-the last email I sent was asking for no further correspondence, unless it was to provide full evidence of the alleged claim and how the balance has been calculated, but nothing back of substance until the court forms arrived.

munchkins mum

[teaboy2]

Re: Munchkins_mum v Lowell/BW Legal

Yes include details on email correspondence and print of copies of each email and allocate them as evidence. Others can help you with the finer details on how best to do so. End off the day they were quiet happy to send the claim form to the correspondence address, so why do they have a problem sending to the same correspondence address when requested to do so? - Because they are cheating, lying toe rags in my opinion.

[mystery1]

Re: Munchkins_mum v Lowell/BW Legal

A defence and an application are completely different.

The emails should be included in you witness statement as exhibits. See post 5 http://www.legalbeagles.info/forums/...ic-information

M1

[FlamingParrot]

Re: Munchkins_mum v Lowell/BW Legal

Good evening,
well today I phone the court to advise the situation and as of yet they have heard nothing from the claimants and I'm a little confused to the advice I was given on the phone.

Court staff are not qualified to give advice.

The advisor told me that the 'ball is in their court' so if they don't advise of any extension then my defence will have to be filed by 7 June else they will automatically make a judgement in favour of the claimant.

Who are 'they' who can "automatically make a judgment"? Default judgment has to be requested by the claimant as per Part 12 of CPR: http://www.justice.gov.uk/courts/pro...es/part12#12.4

Procedure for obtaining default judgment

12.4
(1) Subject to paragraph (2), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for –
(a) a specified amount of money;

I said that they do not have any paperwork in order to create a defence, and she has said that all I can do is perhaps state that as the basis for my defence.
But if I submit a defence, from reading other threads on here it would mean it would be allocated to fast track and the request wouldn't be valid anyway?

To clarify, once you submit a defence, the case gets allocated, usually as follows:

• Claims below £10k are allocated to small claims track
• Claims above £10k are allocated to fast track

Certain parts of the CPRs do not apply to the small claims track, one of them is Part 31, therefore once the case is allocated to small claims, you cannot argue non-compliance with a request under 31.14. If the case was allocated to fast track as you say above, it would still apply, but this isn't likely in your case given the amount of the claim.

The argument used to send requests under CPR 31.14 is that the case wouldn't have been allocated yet.

[FlamingParrot]

Re: Munchkins_mum v Lowell/BW Legal

In which case I will print off the n244 forms tomorrow evening and start that process-Am I right in thinking that I should be including the email correspondence in my defence as unwillingness on their part to provide evidence of debt-the last email I sent was asking for no further correspondence, unless it was to provide full evidence of the alleged claim and how the balance has been calculated, but nothing back of substance until the court forms arrived.

If you are submitting an N244 you wouldn't be submitting a defence just yet, just a witness statement to go with the form, which is where you'd use all your communications with them. :typing:

Note that there's a fee of £155 :scared: payable for the N244 application, you may want to see if you qualify for remission here: form EX160a. :thumb:

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

I have held off on filing the n244 until Friday as I phoned bw again...

they have promised they will get a litigator to draft a letter today outlining the time extension (though supposedly a letter was sent last week...) I asked for it to be emailed and was told that wasn't possible due to data protection?! And also asked if they could post recorded delivery to ensure it gets here, again told that's not possible either, but they would have a copy in their system of the letter so that is proof apparently!! I've told them if not received by Friday I will file n244 and seek costs from them for it and all they have said is that they will definitely send this letter..
Something tells me Ill be filing n244 Friday still...

to also had a response from my SAR, they are saying they cannot provide the documents until I send a signed request and have noted they have received my £10. Do I have to send a signature, I don't feel comfortable doing so...

[FlamingParrot]

Re: Munchkins_mum v Lowell/BW Legal

I have held off on filing the n244 until Friday as I phoned bw again...

they have promised they will get a litigator to draft a letter today outlining the time extension (though supposedly a letter was sent last week...) I asked for it to be emailed and was told that wasn't possible due to data protection?! And also asked if they could post recorded delivery to ensure it gets here, again told that's not possible either, but they would have a copy in their system of the letter so that is proof apparently!! I've told them if not received by Friday I will file n244 and seek costs from them for it and all they have said is that they will definitely send this letter..
Something tells me Ill be filing n244 Friday still...

They don't want to make life easy, do they? Let's hope they do send the letter.

to also had a response from my SAR, they are saying they cannot provide the documents until I send a signed request and have noted they have received my £10. Do I have to send a signature, I don't feel comfortable doing so...

You can sign on an anti-tamper strip as per my post below:

You could sign on top of an anti-tamper strip such as below. Download the image file to your computer, then use insert -> picture to place the image at the bottom of your letter, where you'd normally sign. Print the letter and sign on top of the strip. :thumb:

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

Well that was a waste of time waiting for. I received their letter this morning, no mention of the promised time extension, merely that they acknowledge receipt of my request and are looking into it but may take 12 working days, but that even that timescale is not a guaranteed timeframe. They then cheekily tagged a line at the bottom saying they are waiting for a completed income and expenditure form?!! Why would I be required to provide that?!

Then ensued another waste of time call to them speaking to 2 different people that tried to give me the same spin. Told me that it was fine, the account is on hold therefore the time extension isn't required. Said I need to file my defence, they insisted that they won't be pursuing the claim until paperwork is provided-I said I still need to file my defence before 6th, so she said that I should just put that I am waiting for paperwork as my defence..
So no resolution, no time extension, no other option but to go for n244 :o(

munchkins mum

[teaboy2]

Re: Munchkins_mum v Lowell/BW Legal

Have you contacted the court to check the claim is on hold? Because if it is the claimant will have to apply to court for the hold to be removed before the case can proceed.

[munchkins_mum]

Re: Munchkins_mum v Lowell/BW Legal

I spoke the court a week ago and they hadnt heard anything from the claimant, could I apply for it to be put on hold pending production of the documents?