BW Legal/Lowell Portfolio Court Claim

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Amethyst
yes my witness statements have to be in by August.
Just a quick update I called the court again today and apparently the hearing fee was paid on the 8th four days after due date so just wondering what my next move should be as I still have no paperwork from Lowell or BW
Many Thanks

[Amethyst]

Re: BW Legal/Lowell Portfolio Court Claim

Okay cool all fine. I'd send a chaser for the documents to the claimants sols, something along the lines of I note you have paid the hearing fee however as yet I haven't received a response to my request for a copy of the agreement under s.78 of the Consumer Credit Act 1974 which was sent to your client on xx/xx/xxxx.......... I have also not received a response to my request for inspection of documents you mentioned in your statement of case, being the xxx anything else you asked for xxxxxx. I am sure you are aware that while your client remains in default of my request under the CCA 1974 they are unable to enforce any agreement.

Something along those lines xxx

Mainly because you don't really want them just popping up with them alongside their Witness Statement and want to focus their minds a little bit.

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Many thanks for that I will draft a letter over the weekend and send off Monday/ Tuesday (signed for) gods this is costing me a bomb lol
Oh by the way I received another cheque £135 for the loan I had with RBS same thing as before !!
I will keep let you know what happens, thanks for everything APH

[Amethyst]

Re: BW Legal/Lowell Portfolio Court Claim

Did your cheques clear ?

[Amethyst]

Re: BW Legal/Lowell Portfolio Court Claim

More peeps with these cheques http://forums.moneysavingexpert.com/...1#post68649237

and a better copy of the letter from someone on Twitter -

cheque coming from Capita Employee Benefits Limited Bank of Scotland Customer Services account apparently.

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Amethyst, so sorry I didn't reply sooner I've only just found your new posts. I haven't presented my cheques yet as I didn't want Lowell/Bw to use it as admission!!
I sent the letter you suggested to BW and have just had a reply back saying they have requested the documents from the original creditor and hope they can provide them in a timely manner.
What do you suggest I do next as my witnesses statement has to be in by August ?
Many thanks

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Amethyst
Could you perhaps cast your eye over my latest post from the 16th July .
Many Thanks
APH

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

The refund of the charge and the compensation is nothing to do with Lowell/Carter the cheque
is yours to cash, the refund is made by the bank and is not a payment made by you.

nem

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem
Thanks for info.
Do you think I should start drafting my witness statement despite the fact I still have no documentation from either party? The hearing is scheduled for September.
Are there any drafts for witnesses statements on the website?
Many thanks

[FlamingParrot]

Re: BW Legal/Lowell Portfolio Court Claim

Thanks for info.
Do you think I should start drafting my witness statement despite the fact I still have no documentation from either party? The hearing is scheduled for September.
Are there any drafts for witnesses statements on the website?
Many thanks

There certainly are: http://www.legalbeagles.info/forums/...ness-Statement

That's just to give you an idea, the court will ask them to provide you with the documents at least 14 days before the hearing, if they can't... well... they may have to discontinue. ray:

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem
Thanks for info.
Do you think I should start drafting my witness statement despite the fact I still have no documentation from either party? The hearing is scheduled for September.
Are there any drafts for witnesses statements on the website?
Many thanks

Hi yes there are Lowell threads with WS's on them it will give you a better idea of terminology and format.
nem

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi
Just a quick question, my hearing is due on the 10September and I have started to prepare my witness statement on the basis I have no documentation. Flaming Parrot mentioned that the court would ask the claimant to supply documents 14 day prior to the hearing however I am out of the country until the 8th so if they arrive at my home during that period I would not have chance to inspect them. Is there anything I can do to make them give me the documents sooner ?
Many thanks

[Kati]

Re: BW Legal/Lowell Portfolio Court Claim

bumping for [MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION] as requested :tinysmile_twink_t2:

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

Hi
Just a quick question, my hearing is due on the 10September and I have started to prepare my witness statement on the basis I have no documentation. Flaming Parrot mentioned that the court would ask the claimant to supply documents 14 day prior to the hearing however I am out of the country until the 8th so if they arrive at my home during that period I would not have chance to inspect them. Is there anything I can do to make them give me the documents sooner ?
Many thanks

You can " ask " the claimants solicitor if their client would be willing to disclose the documents earlier.
Explain why.


nem

[FlamingParrot]

Re: BW Legal/Lowell Portfolio Court Claim

Hi
Just a quick question, my hearing is due on the 10September and I have started to prepare my witness statement on the basis I have no documentation. Flaming Parrot mentioned that the court would ask the claimant to supply documents 14 day prior to the hearing however I am out of the country until the 8th so if they arrive at my home during that period I would not have chance to inspect them. Is there anything I can do to make them give me the documents sooner ?
Many thanks

You could mention what you say above, the CPR says the court will give directions to supply documents AT LEAST 14 days before the hearing date https://www.justice.gov.uk/courts/pr...es/part27#27.4 :thumb:

(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;

If they haven't been able to find the documents during all this time, their chances of finding them in the next few weeks are rather slim :flypig::flypig::flypig: so you may not have to appear in court at all, they may well have to discontinue the claim, if you look around the site you'll find a few examples where Lowell ended up giving up the ghost because they couldn't get anything from the OC. ray: ray: ray: