Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Sorry to bump this one folks but having not had responses to my CCA or CPR requests I submitted the above defence and had a letter from the court that a copy had been served to the claimant. I heard nothing until I received a letter dated 7th August from BW saying their client is continuing with the claim. I then about a week later got a letter from County Court Business Centre telling me the case appears suitable for the small claims track. It says I need to complete form N180 (small claims directions questionnaire) and serve a copy to all other parties.
I have three questions:

1. Should I complete the form having not received the requested documents?
2. If yes should I provide both BW Legal and Lowell with copies or just the one?
3. Should I request the CPR and CAA again?

Many thanks for all you help

[nemesis45]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Sorry to bump this one folks but having not had responses to my CCA or CPR requests I submitted the above defence and had a letter from the court that a copy had been served to the claimant. I heard nothing until I received a letter dated 7th August from BW saying their client is continuing with the claim. I then about a week later got a letter from County Court Business Centre telling me the case appears suitable for the small claims track. It says I need to complete form N180 (small claims directions questionnaire) and serve a copy to all other parties.
I have three questions:

1. Should I complete the form having not received the requested documents?
2. If yes should I provide both BW Legal and Lowell with copies or just the one?
3. Should I request the CPR and CAA again?

Many thanks for all you help

This is court process failing to complete the N180 could lead to sanction/judgement against you.

Copy to the sols and the court, tick yes to mediation.

Chase CPR31.14 don't chase CCA request if not complied with the debt is unenforceable until the agreement
is found/produced.

nem

[FlamingParrot]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Sorry to bump this one folks

No need to be sorry, we were expecting an update. :ranger:

but having not had responses to my CCA or CPR requests I submitted the above defence and had a letter from the court that a copy had been served to the claimant. I heard nothing until I received a letter dated 7th August from BW saying their client is continuing with the claim. I then about a week later got a letter from County Court Business Centre telling me the case appears suitable for the small claims track. It says I need to complete form N180 (small claims directions questionnaire) and serve a copy to all other parties.
I have three questions:

1. Should I complete the form having not received the requested documents?

Yes, you should still complete and return the questionnaire, once the court sets a hearing date they'll instruct them to supply you with the documents at least 14 days before the hearing so there may still be hope of a discontinuance ray: if they can't! :grin:

2. If yes should I provide both BW Legal and Lowell with copies or just the one?

Just BW Legal, they are acting for Lowell and handling the case on their behalf.

3. Should I request the CPR and CAA again?

Many thanks for all you help

No. You've already said they didn't comply in your defence, now it's up to the court to order the disclosure of documents :juge: before the trial as noted above, you've done your bit, over to them now. :thumb:

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Thanks both. Copies are ready to go, u hope it gets discontinued! If anything all this process is giving me more time to sort my finances and be in a better position to make them an offer, although I think I'd struggle to get enough for them to accept. What happens if down the line we agree to an F&F? Can they then sell on the rest of the debt or is that it?

[FlamingParrot]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Thanks both. Copies are ready to go, u hope it gets discontinued! If anything all this process is giving me more time to sort my finances and be in a better position to make them an offer, although I think I'd struggle to get enough for them to accept. What happens if down the line we agree to an F&F? Can they then sell on the rest of the debt or is that it?

A F&F should be agreed in such a way they cannot sell on the balance. If you want to read up a bit more on the subject this is the place to look: http://www.legalbeagles.info/forums/...stions-success

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

"I never worry about action, but only inaction." Winston Churchill

So an update on this (let this be a lesson to us all):

1. Claim issued 02 JUNE 2015
2. AOS with intent to defend submitted 05 JUNE 2015 and received at MCOL 08 JUNE 2015
3. CCA and CPR requests sent 16 JUNE 2015
4. Defence submitted 02 JULY 2015 and received at MCOL 04 JULY 2015
5. Notice of Transfer of Proceedings as mediation appointment could not be secured.
6. Claim transferred to local CC 14/09/2015
7. 21 SEPTEMBER 2015 CC Judge ordered that
(1.) by 12 OCTOBER 2015 the claimant shall file Amended Particulars of Claim attaching copies of all documents relied upon
(2.) by 02 NOVEMBER 2015 the defendant shall send to Court and Claimant an Amended Defence.
8. I spoke to and then wrote to CC on 12 NOVEMBER 2015 explaining that as the claimant had failed to comply with the above order I was unable to file an amended defence
9. 16 NOVEMBER 2015 CC Judge ordered that unless by 4pm on 24 NOVEMBER 2015 the claimant complies with the requirements of paragraph 1 of Order of 21 SEPTEMBER 2015, the claim shall be struck out without further order
10. I received Amended Particulars of Claim on 27 NOVEMBER 2015.
11. Regrettably, since then I did and heard nothing from the court, Lowell (claimant) or BW Legal (claimant's solicitors)
12. 24 MARCH 2016 I receive a Judgement for Claimant (in default) for £3,605.62

So, big question is, despite digging myself in this big hole, what's my best option next? I expected to receive a new order once the claimant had sent their Amended Particulars so that I was able to file an amended defence. The statement they have sent me is suspect to say the least, a lot of the charges have no date and a '?' as the description.

I appreciate all and any comments, even if they are to tell me off for not contacting the court/asking for advice here sooner :duh:

[nemesis45]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

"I never worry about action, but only inaction." Winston Churchill

So an update on this (let this be a lesson to us all):

1. Claim issued 02 JUNE 2015
2. AOS with intent to defend submitted 05 JUNE 2015 and received at MCOL 08 JUNE 2015
3. CCA and CPR requests sent 16 JUNE 2015
4. Defence submitted 02 JULY 2015 and received at MCOL 04 JULY 2015
5. Notice of Transfer of Proceedings as mediation appointment could not be secured.
6. Claim transferred to local CC 14/09/2015
7. 21 SEPTEMBER 2015 CC Judge ordered that
(1.) by 12 OCTOBER 2015 the claimant shall file Amended Particulars of Claim attaching copies of all documents relied upon
(2.) by 02 NOVEMBER 2015 the defendant shall send to Court and Claimant an Amended Defence.
8. I spoke to and then wrote to CC on 12 NOVEMBER 2015 explaining that as the claimant had failed to comply with the above order I was unable to file an amended defence
9. 16 NOVEMBER 2015 CC Judge ordered that unless by 4pm on 24 NOVEMBER 2015 the claimant complies with the requirements of paragraph 1 of Order of 21 SEPTEMBER 2015, the claim shall be struck out without further order
10. I received Amended Particulars of Claim on 27 NOVEMBER 2015.
11. Regrettably, since then I did and heard nothing from the court, Lowell (claimant) or BW Legal (claimant's solicitors)
12. 24 MARCH 2016 I receive a Judgement for Claimant (in default) for £3,605.62

So, big question is, despite digging myself in this big hole, what's my best option next? I expected to receive a new order once the claimant had sent their Amended Particulars so that I was able to file an amended defence. The statement they have sent me is suspect to say the least, a lot of the charges have no date and a '?' as the description.

I appreciate all and any comments, even if they are to tell me off for not contacting the court/asking for advice here sooner :duh:

I think that this has happened as you did not put the point that the claimant has not complied with judges order in the form of an defence.
Speaking to the court does not constitute a proper notification.

nem

[bluecat200]

Re: Lowell Portfolio 1 Ltd (Shop Direct)/BW Legal vs bluecat200

Ah okay, thanks for the response nem. I still would've thought as the claimant was given an extended deadline to supply the amended particulars for which I was waiting for to amend my defence that once they had been filed to the court the court would've ordered me with a new deadline to submit an amended defence, or is the responsibility on the defendant to request a deadline from the claimant?

Having read up on the setting aside I'm assuming I don't have much of a chance to go down that route, so could anyone advise me (or point me in the right direction) as to my options for settling the CCJ? I cannot afford to pay it as it stands.