BCS/lowell claim please help/advise!

[fudge]

HI im in need of some advice on where to go from here please

I received a claim from BCS on 21st Jan for a claim from Halifax. for 1230 on 21st Jan. I recognised Halifax but do not believe I ever had a overdraft from them. I sent BCS a CCA request by recorded delivery (now after reading up on this website realise this was wrong) They failed to even acknowledge it.

I entered a defence (to keep things short) saying I didn't recognise the debt I have asked for proof. etc.

BCS have now replied saying '

' we are writing to formally confirm our clients intention to proceed with this matter.

we will send notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary to mediate. The court encourages this type of negotiation between the parties.

please contact our helpful team on 0845 ** etc.


I have now received a notice of proposed allocation to small claims track and must submit by 30th march.

Any help will be very gratefully received

[nemesis45]

Re: BCS/lowell claim please help/advise!

Hi welcome to LB,
Get a CCA request off to Lowell asap. £1 stat fee included.
Carter should respond to a CCA request and is still bound#
by the 12 + " Working Days" time scale failure to comply
still means the debt is unenforceable until the agreement is
produced.


Can you please post up a suitably redacted copy of the Claim form here?

[fudge]

Re: BCS/lowell claim please help/advise!

Thanks for the response so quickly.

I did send a CCA request by recorded delivery and included a £1 fee. they haven't responded (I did this on 1st feb)

Particulars -
The Claimants claim is for the sun of £1063.57 being monies due from the defendant to the claimant under the agreement regulated by the consumer credit act 1974 between the defendant and hbos plc under account reference ********** and assigned to the claimant on 2/7/2014
notice of which has been given to the defendant the defendant failed to maintain contractual repayment under the terms of the agreement and default notice has been served which has not been complied with.
and the claimant claims 1063.57
the claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to 47.09

Amount claimed 1110.66
court fee 70
solicitors cost 80
total amount 1260.66


What should I do with the directions questionnaire? should I sent another cca and cpr request or wait?

thanks again!

[fudge]

Re: BCS/lowell claim please help/advise!

Any reply please.. what should I do from here

[nemesis45]

Re: BCS/lowell claim please help/advise!

Hi no need to send more requests failure to comply with the CCA request
means they cannot enforce the debt until they have the agreement.
Complete the AQ and return it.

nem

[fudge]

Re: BCS/lowell claim please help/advise!

do I ask for mediation or ask for a hearing on the directions... not sure what to do im not clued up on this...thanks nem

[nemesis45]

Re: BCS/lowell claim please help/advise!

Always opt for mediation, the court expects the parties to attempt resolution if possible.

nem

[fudge]

Re: BCS/lowell claim please help/advise!

received a call from the mediation saying both parties want mediation, they asked if I had my proof of debt yet, I said no, so they said they will refer it back to court. what should I do now?

[Streetwise]

Re: BCS/lowell claim please help/advise!

received a call from the mediation saying both parties want mediation, they asked if I had my proof of debt yet, I said no, so they said they will refer it back to court. what should I do now?

Wait till they get back in touch with you but phone the court at least once a week to find out what is happening,thats what i would do.

[fudge]

Re: BCS/lowell claim please help/advise!

got a letter from Northampton court saying its been passed to my local court, what do I do now? ,sit and wait? BCS still haven't sent any documents to me. will they send them to me or to the court?

[fudge]

Re: BCS/lowell claim please help/advise!

HI any advise welcome!!

[nemesis45]

Re: BCS/lowell claim please help/advise!

Your local court will be in touch quite soon.

nem

[fudge]

Re: BCS/lowell claim please help/advise!

HI Please can anyone explain this, I received a letter from the court today it says:

IT IS ORDERED THAT:

Unless the claimant file and serves an amended particulars of the claim which comply with CPR16 and its practice direction by 14th may 2015 the claim shall be and is hereby struck out without further order.

Unless the defendant by 4pm on 28th May 2015 files and serves an amended defence the defence shall be struck out and the claimant shall be entitled to enter judgement on the amended particulars of the claim.

Upon both parties complying with this order the claim shall be referred to DJ/DDJ for further consideration and case management.



Does this mean they have to provide roof by 14th?

[nemesis45]

Re: BCS/lowell claim please help/advise!

Yes the must serve an amend particulars of claim i.e make it clear what the specifics of the claim are.
You Must file an amended defence by 28 May this is in reply to the amended claim details.
So you need to check (if not notified that the amend claim has been filed earlier) with the court on or after 14 May
to find out if the claimant has filed as ordered by the court.

nem

[fudge]

Re: BCS/lowell claim please help/advise!

HI , Can you give a bit of advice please

I have received a amended particulars, Lowell have also sent statements now which show it was an overdraft that was used. I do believe when I was with my ex wife she has racked up the overdraft and this is the reason why this has got to court. However I accept its my responsibility to look after my account.
My question is how do I avoid a CCJ?
I know im going to have to submit a amended defence. but really really do not want a ccj.
Also I know I have kept track of my credit file, Lowell placed the default notice on my file in December 2014 and each month updated it with an outstanding balance. However it says the default was in 2012. Why was it only placed on in December? can they do that? I have never had anything on there from Halifax saying there was a default.