**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

simple question nem, where shouldI put this in my defence.......which number? Start.....end?

Thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Defence submitted. How long does this process normally take?

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

How long is a piece of string the courts are very busy and badly understaffed,
Also depends on how swift the claimant is.

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Have received a letter today from Lowell Portfolio 1, saying they have used a credit reference agency to provide them with my address and that they would like to confirm the information they hold is correct and up to date. At the end of the letter it says to ring to speak to an account manager.

I have still not had any acknowledgement from them regarding my request for the credit agreement under the consumer credit act.
Is it ok for them to search my credit records? Should I reply by post?


Thanks

[Don Quixote]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So they’ve issued a claim against you, but are still sending you letters to ask if you are ajb2001? Maybe they’re trying to get you to acknowledge the debt by backhanded means (which would be pointless anyway, as once SB it can’t become un-SB).

Astonishing... either ignore it, or waste some time writing back and pointing out that they are in default of a valid CCA request, and that, oh, the case is still in court and you have defended.

Makes the statement of truth on their claim form look a bit of a wild guess! This is all useful if it gets as far as court.

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Defence submitted. How long does this process normally take?

The court will send your defence to the claimant, who have 28 days to respond stating whether they wish to proceed, if they don't respond the claim will be stayed.

Have received a letter today from Lowell Portfolio 1, saying they have used a credit reference agency to provide them with my address and that they would like to confirm the information they hold is correct and up to date. At the end of the letter it says to ring to speak to an account manager.

I have still not had any acknowledgement from them regarding my request for the credit agreement under the consumer credit act.
Is it ok for them to search my credit records? Should I reply by post?

As you've submitted your defence, I'd be inclined to ignore the letter above.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Hi

I have now received a letter from the court dated 17/3/2015. It is a notice of proposed allocation to the small claims track.

It states the following ;-
1. This is now a defended claim
2. It appears that this case is suitable for allocation to the small claims track, If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (form N180) and explain why
3. You must by 7/4/2015 complete the Small Claims Directions Questionaire (Form N180) and file it with the court office and serve copies on all other parties.

What do i do now.........how do I fill in the Directions Questionaire? Do I agree to mediation?

Thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Any help would be much appreciated. Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Yes agree to mediation.
Follow the point on the questionnaire, it's all about what you want the court to order.
e.g. That the claimant provides the documentation mentioned in the POC.
Do Not Phone Lowell!!!

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

So should I say that the small claims track is ok as below £10000? Also, am assuming that I need to send a copy to lowells and BW.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Also, can the form be sent electronically?

Thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Where on the form do I put that I requested documentation which was on the POC but have not received it?..........thanks

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Also nothing back with regards to my CCA request to lowell or anything back from the CPR request from BW legal........should this be put amywhere on the proposed allocation to fast track court form?

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I have now received a letter from the court dated 17/3/2015. It is a notice of proposed allocation to the small claims track.

It states the following ;-
1. This is now a defended claim
2. It appears that this case is suitable for allocation to the small claims track, If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (form N180) and explain why
3. You must by 7/4/2015 complete the Small Claims Directions Questionaire (Form N180) and file it with the court office and serve copies on all other parties.

What do i do now.........how do I fill in the Directions Questionaire?

The directions questionnaire is fairly generic. You may want to look at this thread: http://www.legalbeagles.info/forums/...l-Claims-Track

Do I agree to mediation?

It's always wise to agree to mediation. In one recent case I know of, mediation was just a phone call during which it was established that no documents were produced to support the claim and that was the end of it.

So should I say that the small claims track is ok as below £10000? Also, am assuming that I need to send a copy to lowells and BW.

Yes, no reason to argue against allocation.

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Also nothing back with regards to my CCA request to lowell or anything back from the CPR request from BW legal........should this be put amywhere on the proposed allocation to fast track court form?

No, that would have been part of your defence. Once you return the questionnaire, the court will give directions which will include the requirement to disclose documents: http://www.justice.gov.uk/courts/pro...l/rules/part27

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

(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