Lowell/Three Mobile/BW Legal Court hearing tomorrow

[united99]

I've been another of the unfortunate ones to fall victim to these attack dogs and now have the dubious pleasure of a court hearing tomorrow morning.
A few points to consider:
The claim was brought in December, since when I have requesed all the documentation that Lowell/BW Legal have on my case. None has been forthcoming.
In March the claim was allocated the small claims track and the Judge specified that each party send the other documents no later than 14 day prior to the hearing. We still don't receive them yet BW swear blind they have sent them.

I've seen threads online of cases with the same mob where basically the Judge sides with the claimant and ignores any defence.

Can anyone provide me with some ammunition to at the very least get an adjournment on this?

[Kati]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Maybe [MENTION=55034]nemesis45[/MENTION] will be able to offer some advice x

[united99]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Thanks.
Having checked with BW Legal, part of the money claim is for an 'Early Termination Fee' but it seems as the contract for the so-called debt was started in 2005, it comes before the OFCOM ruling circa May 2006 which caused Three to update their Terms and Conditions.
Would that help in any way?

[nemesis45]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Hi,

BW legal up to it's old tricks again.

Do you have a defence filed ? i.e. did you comply with the courts order to file or notify the court
that no documents had been received from the claimant.
Did you check at the end of the 14 day period that the claimant had filed as ordered.

nem

What is the main thrust of you defence?

[united99]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Yes I filed a defence back in December/January when this was brought.
I even emailed the court on Friday just gone saying I hadn't received the relevant documents quotes in the Particulars of Claim and asking a District Judge to consider. The court called me this morning with the judge saying, in effect, so what, the show will go on tomorrow morning as planned.

- - - Updated - - -

And it seems BW has filed something on the fourteenth day deadline.

[nemesis45]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Emm dirty tricks methinks.

You can only insist/declare under oath if necessary that BW legal did not comply fully with the
order of the court and only filed their documents on the deadline.

Have you got copies of your defence and witness statement to rely on when you are before the judge?

nem

[united99]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

I have my defence, yes.

[united99]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Well, what can I say, WON!

Thanks to Nemesis45 for your thoughts on this.

[nemesis45]

Re: Lowell/Three Mobile/BW Legal Court hearing tomorrow

Well, what can I say, WON!

Thanks to Nemesis45 for your thoughts on this.

Brilliant how did theace:e court reach it's decision?

nem

- - - Updated - - -

Well, what can I say, WON!

Thanks to Nemesis45 for your thoughts on this.

Brilliant how did theace:e court reach it's decision?

nem