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

[FlamingParrot]

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

Should I contact the court or should I just go along to the allocation hearing and see what it is all about then?

Thanks

If they have applied for summary judgment, the application would be heard at this allocation hearing so you should definitely attend.

[ajb2001]

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

Okay. Will attend and let you know what the outcome is. Btw what is summary judgement? Am assuming they are trying to push to get ccj.

[FlamingParrot]

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

Okay. Will attend and let you know what the outcome is. Btw what is summary judgement? Am assuming they are trying to push to get ccj.

Their ultimate aim is to get a CCJ, of course, that's why they issued proceedings.

Summary judgment is judgment obtained with a hearing, on the basis that the case has no prospect of success, therefore it's best to be disposed of without further ado so to speak. I think you submitted a SBd defence, which is a very good defence, unless they can prove that payments were made in the past six years or that you acknowledged the debt in writing. I can't see how they could argue it has no prospect of success but, as with everything, they can ASK, it doesn't mean they will GET what they ask for.

I'm not saying they have applied for it, only that they may have mentioned their intention to apply when they submitted their DQ because that would be a reason to schedule an allocation hearing and I couldn't come up with any other reason, however, I'm just guessing and I may be wrong. :noidea:

[ajb2001]

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

Right - so have had the allocation hearing. Judge has directed this to go to small claims track. BW sent a solicitor who tried to argue that they be given more time on everything from the listing at court, the time limits for the production of documents etc. Also tried to say that the documents I requested were irrelevant as had already applied to court. Judge pointed out they were and they should have had them when applying for judgement. The Judge also didn't give into any of their demands on extensions, so am now down the small claims track. Will post the judges letter on allocation when it arrives. Anything I can do in the meantime except sit and wait?

[FlamingParrot]

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

Right - so have had the allocation hearing. Judge has directed this to go to small claims track. BW sent a solicitor who tried to argue that they be given more time on everything from the listing at court, the time limits for the production of documents etc. Also tried to say that the documents I requested were irrelevant as had already applied to court. Judge pointed out they were and they should have had them when applying for judgement.

Does that mean my suspicions were right and they had tried for summary judgment? Cheeky buggers!

The Judge also didn't give into any of their demands on extensions, so am now down the small claims track. Will post the judges letter on allocation when it arrives.

That's excellent news! :whoo:

You had a fair judge who didn't want to play ball with them. The fact they requested such extensions seems to suggest they are not at all confident about being able to obtain the documents and who knows, with a bit of luck, you may be looking at a discontinuance. ray:

Anything I can do in the meantime except sit and wait?

Not much other than keeping a positive frame of mind and hoping for the best. :thumb:

[ajb2001]

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

Thanks guys......lets wait and see.

[ajb2001]

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

Havent heard anything from the court yet........should I chase this?

Thanks

[FlamingParrot]

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

Havent heard anything from the court yet........should I chase this?

Thanks

It's only been a week since your hearing and the legal system doesn't move very fast, I've also been waiting to hear from a judge for several weeks now on a totally different matter, these things take time. :ranger:

[ajb2001]

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

ok......thanks

[ajb2001]

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

Letter from the court now received - Notice of Allocation to the Small Claims Track (Hearing)

States that 'each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 7 July 2015.'

Can I ask - does this mean that BW/Lowell will have to provide the Credit agreement by then, as requested back in January?

Shall start work on my defence. Do they also need to show that a default notice was served........nothing shows on my credit reports, in January or now!

[FlamingParrot]

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

Letter from the court now received - Notice of Allocation to the Small Claims Track (Hearing)

States that 'each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 7 July 2015.'

Can I ask - does this mean that BW/Lowell will have to provide the Credit agreement by then, as requested back in January?

YES! Those are the directions from the court, have they given a hearing date?

Shall start work on my defence.

You would have submitted your defence already, otherwise the case wouldn't have progressed this far.

Do they also need to show that a default notice was served........nothing shows on my credit reports, in January or now!

Can you remind us, did you say this debt was statute barred?

[ajb2001]

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

Hearing date is 4th August

I stated on my defence ;
The defendant also believes that in the date the claim was issued the alleged debt was statute barred under the provisions of the Limitations Act 1980. This has been checked on the defendants credit reference file, which would show any outstanding debt 6 years old or less.

- - - Updated - - -

I have a copy of my credit reference file from January so will be putting that forward to BW/Lowells and the court.

[ajb2001]

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

Also copies of the letters I sent to them for the CCA request and CPR31.14 request.

Will that all be ok

[FlamingParrot]

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

Hearing date is 4th August

I stated on my defence ;
The defendant also believes that in the date the claim was issued the alleged debt was statute barred under the provisions of the Limitations Act 1980. This has been checked on the defendants credit reference file, which would show any outstanding debt 6 years old or less.

- - - Updated - - -

I have a copy of my credit reference file from January so will be putting that forward to BW/Lowells and the court.

Also copies of the letters I sent to them for the CCA request and CPR31.14 request.

Will that all be ok

Just a comment with regards to credit records, they do not offer proof of SBd status as such, because a lot of people make payments after default, for example if they entered into a DMP or offered tokens, there may also have been acknowledgment of the debt in a letter, for example, a F&F settlement or a repayment proposal. The default would still drop off after six years but the debt wouldn't be SBd. Of course if any of these applied to your account, it would be up to THEM to show it, in civil litigation the burden of proof is on the claimant and if you say the debt is SBd they'd have to show it's not. :thumb:

[ajb2001]

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

should I just send the letter for the CCA request, and the CPR31.14 request then?

Lowell sent a letter dated 13/2/2015 requesting I ring them to confirm the information they have is correct and up to date. They mention that the agreement with Welcome was opened on the 03/11/2004. They filed the claim form at court on 08/1/2015!

Also agreed to go to mediation, but as no docs supplied couldn't enter mediation.

The only Loan agreement I have a copy of is dated 2002, with an amount brought forward to settle another account, cash advance, PPI and acceptance fee on it.