BW Legal/Lowell Portfolio Court Claim

[Amethyst]

Re: BW Legal/Lowell Portfolio Court Claim

Yes.

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem
Ive been looking again at the directions questionnaire and can't seem to see anywhere to ask for the Specific directions (maybe I'm just being dim ) do I need to ask for this on a separate sheet?
Hope you are having a lovely Easter x

What order do you want the court to make: Your " direction" here. * same form*

nem

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem quick update
I sent off the DQ & specific direction letter dated 7th April to the court/BW legal & Lowell and gave BW & Lowell until today to provide paperwork our postie has been and still nothing. I've had a message from the court to try and arrange mediation I will ring them tomorrow during lunch.
Just wondering what's the next step I should take - Thanks

[Kati]

Re: BW Legal/Lowell Portfolio Court Claim

[MENTION=55034]nemesis45[/MENTION] :tinysmile_twink_t2:

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

@nemesis45 :tinysmile_twink_t2:

You nudged??

[Kati]

Re: BW Legal/Lowell Portfolio Court Claim

You nudged??

thank you hun ... can you 'put' your expert eye over this thread for me please? :tinysmile_kiss_t4:

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

OK mediation is now a big part of small claims resolution, so yes agree to a mediation appointment day, date & to suit you!
A telephone mediation appointment is considerably less stressful than face to face.

Have you now had all the docs mentioned in the POC/ and received the CCA.

The mediator should ask you if you have all the docs you need if you haven't tell the mediator then it may not go ahead, looks good for you bad for them.

nem.

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem thanks for getting back to me
I have agreed to mediation but despite requesting all documents from Lowell/BW legal again I have received nothing which I will let the court know when I phone. Am I correct in thinking they are unable pursue their claim as they haven't provided me with any documents I have asked for?
If this is the case would their claim be stayed and I can pay to have it struck off.
Thanks

- - - Updated - - -

Hi Nem thanks for getting back to me
I have agreed to mediation but despite requesting all documents from Lowell/BW legal again I have received nothing which I will let the court know when I phone. Am I correct in thinking they are unable pursue their claim as they haven't provided me with any documents I have asked for?
If this is the case would their claim be stayed and I can pay to have it struck off.
Thanks

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

If they don't file yes the claim will be stayed if the stay is protracted then yes apply for strike out (£155.00).
The debt remains unenforceable while the CCA is not available.

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Thanks for info ��
So after I phone court do I then just sit tight and wait and for how long ?

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

It's a case of seeing when mediation can take place the mediator will contact you as soon as they can.
Much depends on the production of the docs.

nem

[APH]

Re: BW Legal/Lowell Portfolio Court Claim

Hi Nem
I've eventually got through to the court and the lady said mediation can't take place as they have not provided me with any documents. She said I should just wait until I hear from my local court. Just wondering if there's anything I should be doing while I'm waiting ?
Any advise would be appreciated

[enaid]

Re: BW Legal/Lowell Portfolio Court Claim

BUMP

[Kati]

Re: BW Legal/Lowell Portfolio Court Claim

bump for [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: BW Legal/Lowell Portfolio Court Claim

Hi sorry for the delay in responding.

The situation is a common one I'm afraid, the DCA/Debt purchaser knows full well when they agree to mediation that if documents requested under CCA 1974 are not available that mediation cannot take place.

The debt remains unenforceable until the agreement is produced, if Lowell/BW Legal have not responded to your defence the claim will be stayed, you will not be informed of this by the court, and you should check with the court regularly with the court to see what if anything has happened.

Just keep everything you have done so far ready in case they " find" the agreement and pull any " under hand " tricks.

nem

- - - Updated - - -

bump for @nemesis45

Responded Katie, thanks for the heads up!!

nem