BW Legal on behalf of Lowell Portfolio, advice needed....

[FlamingParrot]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

I had hoped this was resolved, submitted defence and had notification from the court that unless the claimant contacted the court within 28 days the claim would be stayed. Just within the time BW Legal came back saying their client intends to continue with the claim, however, still absolutley nothing in terms of the credit agreement etc.

How long can this go on - now they have said they intend to continue, how long can they offer nothing in response to my defence?

Now they have stated they wish to proceed, you will receive a directions questionnaire. Given the amount is below £10k, it'll be allocated to small claims track and you'll receive a form N180. Once you return the form the court will give directions to both sides, including having to provide documents no later than 14 days before the hearing date: http://www.justice.gov.uk/courts/pro...l/rules/part27

Preparation for the hearing 27.4
(1) After allocation the court will –
(a) give standard directions and fix a date for the final hearing

(3) In this rule –

(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Spot on have just received a Notice of Proposed Allocation to the Small Claims Court, so I will complete this and send it in - should I agree to the case being referred to small claims mediation? It seems a little odd to go into mediation when I am still waiting for the claimants to provide information....

[Kafka]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Spot on have just received a Notice of Proposed Allocation to the Small Claims Court, so I will complete this and send it in - should I agree to the case being referred to small claims mediation? It seems a little odd to go into mediation when I am still waiting for the claimants to provide information....

I've been through mediation, and normally I would advise that you agree to this if the other party agrees because it looks good. However, you rightly state that without the documentation its not clear what you can mediate about. I would be inclined to state that whilst you agree to mediation in principle, it would be a waste of time before they have complied with your requests for standard disclosure.

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks Kafka, although looking at the form it seems to really only want a yes or no answer, reading other posts, it seems that the mediation conversation in this case without documents would simply be a retelling of the defence. Its certainly not clear that Lowells/BW would be interested in mediation either, although possibly they would because they might feel that they could negotiate something rather than nothing if they can't produce the documents. I also suspect, based on other threads, that I may get some reconstructed, illegible and probably inconclusive documents right on the deadline leaving me only a small amount of time for me to come up with a defence.... Will I harm my position with the courts if I refuse the mediation option?

[Kafka]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

It won't harm you. I would state No but add a note on the form.

Mediation is just a way to try to reconcile the parties and help them to reach agreement without the need to involve the court further. I know it can work well with things like family court issues, but in my experience it was a time-wasting exercise by the solicitors who were not interested in meeting half way. In the event they settled before court and paid a packet for the privilege :drum:

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

This case continues to rumble on (albeit slowly). I had a letter from County Court giving a hearing date of 4th June after a district judge considered the case and allocated it to the small claims track. One of the directions which apply is that "each party must deliver to the other party and to the court offices copies of all documents and witness statements on which that party intends to rely at the hearing no later than 4pm on 14 days before the hearing"
I don't believe I have anything to send. Is this right? I am relying simply on my defense which in summary is that they haven't provided any agreement or default notice.
What happens if BW Legal do not supply a copy of the agreement and default notice?
Since then BW Legal have written to me offering a 20% discount and enclosing documents to support their clients claims which consists of a letter from Lowell introducing themselves to me dates in July 2011 and then a copy (not on letterhead) supposedly from HBOS saying they had sold my account to Lowell (also dated July 2011). They still have not supplied a default notice or agreement.
Where do I stand on this - in their letter they are saying that if I refuse the offer they will "seek our client's instructions with regard to obtaining a CCJ against you" Surely they can't do this as we have a hearing on 4th June?
Many thanks again....

[Sleepless nights]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

I'm in court at 10am tomorrow, in a similar position. BW have sent me copies of the default and assignmnent notices but no CCA (which I requested with the usual 1 pound postal order, registered post). I've also had the letter 'my client is in a strong position but if you give us 7k we'll go away'. BW have already issued a SD which was withdrawn after LB got involved. I'm hoping for the best tomorrow, good luck.

[Amethyst]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

I'm in court at 10am tomorrow, in a similar position. BW have sent me copies of the default and assignmnent notices but no CCA (which I requested with the usual 1 pound postal order, registered post). I've also had the letter 'my client is in a strong position but if you give us 7k we'll go away'. BW have already issued a SD which was withdrawn after LB got involved. I'm hoping for the best tomorrow, good luck.

Best of luck for you tomorrow Sleepless - with no CCA you should be okay especially having already withdrawn from a SD... if they do try and produce the agreement in court then you need to argue why haven't they produced previously with witness statements and evidence, and that you need time to go away and look at it and take legal advice etc etc on it before continuing the proceedings. Explain you have been dealing with them for a long time and have given 3 formal requests for the CCA and so on, I'm sure you are well versed in it by now anyway xxxx hope it all goes well for you xx

[Amethyst]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

This case continues to rumble on (albeit slowly). I had a letter from County Court giving a hearing date of 4th June after a district judge considered the case and allocated it to the small claims track. One of the directions which apply is that "each party must deliver to the other party and to the court offices copies of all documents and witness statements on which that party intends to rely at the hearing no later than 4pm on 14 days before the hearing"
I don't believe I have anything to send. Is this right? I am relying simply on my defense which in summary is that they haven't provided any agreement or default notice.
What happens if BW Legal do not supply a copy of the agreement and default notice?
Since then BW Legal have written to me offering a 20% discount and enclosing documents to support their clients claims which consists of a letter from Lowell introducing themselves to me dates in July 2011 and then a copy (not on letterhead) supposedly from HBOS saying they had sold my account to Lowell (also dated July 2011). They still have not supplied a default notice or agreement.
Where do I stand on this - in their letter they are saying that if I refuse the offer they will "seek our client's instructions with regard to obtaining a CCJ against you" Surely they can't do this as we have a hearing on 4th June?
Many thanks again....

You should send a witness statement spelling out what you have done, letters sent/received and that you have asked for the CCA, default notice, assignment etc..... there's a little guidance to get you started off http://www.legalbeagles.info/forums/...ness-Statement

14 days before is what 20th May ?


BW Legal tend to send letters without really paying much attention to where the case is actually at - they can't just get a CCJ against you, they have to argue their case successfuly against you in court - they really are far too used to debtors just rolling over and giving in at the mere hint of court - they need to get used to it not happening....

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks for that, I will get a witness statement done and sent off - if they fail to send copies of agreement and default notice, what is the likely result at the hearing?

[Amethyst]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

As it is a credit card then without a credit agreement they will not be able to enforce the debt until they find one... depends what the judge is like, he might give them further time to find it and the case will linger on hold for a bit and potentially be struck out for non compliance, or he might dismiss their claim at the hearing - or he could be an anti debtor arse and say the cca doesn't matter you had the money etc etc and put you on the back foot - so the witness statement should spell out the points...

This is the main point really....

10. On 13/9/2014 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreemen

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Good luck with that, would love to know how you get on....

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Here is my proposed witness statement, is this OK?

In relation to the account number they have quoted in their Claim, they have got one digit wrong so I am being truthful, however I am a bit nervous about irritating the judge if he just thinks I'm being cute as it would be fairly obvious which account they are referring to....should I keep this though?

IN THE WATFORD COUNTY COURT
Claim No. xxxxxxxx

BETWEEN:
Claimant
Lowell Portfolio 1 Ltd

AND
Defendant
xxxxxxx

_________________________________

WITNESS STATEMENT OF XXXXXXXX
_________________________________



I xxxxxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defense in the claim.

1. On or around the ^xx September 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of £8xxx.xx

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is “being monies due from the Defendant to the Claimant under a Financial Services agreement between the Defendant and HBOS PLC”. It is denied that I have previously entered into an agreement with HBOS PLC for provision of credit with the account number outlined on the claim.

5. On xx^th September 2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimants solicitors (EXHIBIT A).

6. On xx^th September 2014 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee [EXHIBIT B].

7. On 17^th September 2014 the Claimants solicitors replied to my written request without the requested documents.

8. Up until 27^th April I had not received any of the documents mentioned in the claimants claim form. On the 27^th April I received a letter from the Claimants solicitor with an offer of a discount on the debt together with a Notice of Assignment purporting to be from HBOS PLC, although this was not on company letterhead and had a different date to the date given on the claim form. The letter explained that if I did not accept the offer they would “seek our client’s instructions with regard to obtaining a County Court Judgement against you for the full balance owed, including costs and interest”. (EXHIBT C)

9. To date I have not received a copy of the Consumer Credit Agreement nor the default notice

10. On 6^th October 2014, I contacted the Claimants solicitors by phone and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defense to the Claim in accordance with CPR 15.5.

11. The Claimant replied to my second request on 7^th October 2014 [EXHIBIT D] but failed to supply any documents that I requested.

12. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided only the assignment despite my entitlement to inspect these documents.

13. The Claimants pleaded case is that the Defendant entered into an agreement with HBOS PLC under account reference xxxxxxxxxxxxx. I am uncertain as to which account this refers to. It is accepted that I have had banking products with HBOS PLC in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

14. The Claimant has also failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.


Statement of Truth

I, xxxxxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Anyone?

[Celestine]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

That's fine - get it filed into court