BW Legal CCJ via Lowell for Lloyds o/d

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Okay I sent an email, will keep a close eye on it. I completely feel out of depth here, I am not sure what I am doing, so please excuse my ignorance.

With regards to the CPR application guide, I currently have £5 to my name, until I get paid, so I cannot make that type of application, I do get paid on the 11th, but will that be too late?

Also they made the CCJ claim on the 11th June, is it one month or 28 days? as if it is 28 days then today is the last day?

Gosh I feel really lost.

Don't feel lost, we'll help you with everything as much as possible.

If you claim was dated 11th June, then your defence date will be plus 5 days for service - then plus 28 days - so that's 13th July so we're ok to get either application or defence in Friday.

A defence will be okay and many peeps have got the right orders come back from the court from defending the claim rather than the application.

The defence would be no documents and over 6 years since last acknowledged debt I think.

See what response you get from BW Legal today and we'll work on defence tmw xx

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Thank you, I really very much appreciate all your help x

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi, I received a reply, which I have pasted below - do I need to write to the courts as advised below? thanks

Dear Mrs xxxxx,

I have been referred your email (below), the content of which is noted.

I understand you have sent a request for documents which you state was signed for by this firm on 26 June 2014. Unfortunately, your request has not been received by the relevant team at the time of writing. However, I have today requested documentation relevant to the claim from our client, our client may have to refer your request to your original creditors.

The team dealing with this matter will reply as soon as they can and have placed your account on hold until the requested information has been received.

We will do our very best to send you the information within 12 working days, but this does depend on when your original lenders can send it. When the documentation has been received we will post it to you straightaway.

In relation to your request for an extension of time for filing your defence, I confirm that our client is willing to agree to extend the period for filing your defence by 28 days, that is until 11 August 2014. Please confirm by return that you have notified the court in writing that the parties have agreed to extend the period for filing a defence and provide us with a copy of your correspondence for our records.

If you have any queries in the meantime, please do not hesitate to contact this firm on 0113 323 1785.

Yours sincerely,

Nicola Whiteley
Legal Executive

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Superduper. Yes write to the courts - email is fine. I did an example for someone yesterday so feeling lazy I'll find that for you

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Something along these lines ) to ccbcdefendants@hmcts.gsi.gov.uk - you can attached Nicola's email to you as back up if you like.



CLAIMANT v xxxxxxxxx CASE NO: XXXXXX
-------------------------------------------------------------
Dear Sirs

The defendant and the claimant in claim XXXXXX have agreed that the period for filing a defence specified in rule 15.4 shall be extended by 28 days as allowed under CPR 15.5. This extends the date for filing of a defence to 11th August 2014.

Kind regards

xxxxxxxxx

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Thank you so much xx

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hello,

11th is coming around fast, this was the agreed extension with BW Legal for them to supply the requested documents, however I have heard nothing from BWLegal.

Really not sure what to do at this point please? If someone could point me in the right direction?

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi... can anyone help please, 11th is tomorrow, and I am panicking a bit

x

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Presumably you've still had nothing from BW Legal ?

So need to get a defence sorted then.

Theres a bit of an example starting point here -> http://www.legalbeagles.info/forums/...t-Court-Claims

so if you want to draft it up I'll check it over tmw if you like xx

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Hi, that link example is for debts under £10k, this is over £10k.. does that make a difference?

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

As a starting point it's fine yes, your Overdraft Debt you think is Statute Barred? so can include that it the defence. You'll also need to adapt to exclude the CCA request issues as that won't apply for the overdraft or the mobile contract, but you can concentrate a bit more on the CPR issue as you are in fast track and they should have complied with your request. Have a shot at starting a defence and I'll look in in the morning xxx

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Statute Barred

'' The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.''


Also it may be easiest to split your defence into two parts, at least for drafting it, Lloyds and Three, and deal with each separately.

[mystery1]

Re: BW Legal CCJ via Lowell for Lloyds o/d

http://www.legalbeagles.info/forums/...order-at-court

I'd do that personally.

M1

[Amethyst]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Actually not a bad idea being as it's fast track they can't use the usual excuses. Plus should be simpler to claim back the costs of the application (£155).

[thindes78]

Re: BW Legal CCJ via Lowell for Lloyds o/d

Please see below:

1: I received the claim A6JC9343 from the Northampton County Court on 13th June 2014.
2: This claim Lloydstsb overdraft and mobile phone contract agreement regulated under the Consumer Credit Act 1974.
3: It is admitted that the Defendant has previously entered into agreements with Lloydstsb and Three mobile for provision of credit.
4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. It is denied that Lloydstsb served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
6. The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.''
7: On the 25th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
8. BW Legal has not sent any of these documents to me.
9. 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.
10. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....

How would I split it, just write two - one for Lloyds and one for Three? do I mention anything in the email about the split.

Thank you