Urgent Advice Please BW Legal - Lowell & County Court Claim

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I received court claim through post but acknowledged service by e-mail so does that mean I can submit my defence on Thursday 23/7/2015 by e-mail if no response received from bwlegal?
Thanks for speedy reply

In a word, YES. Even though claims are submitted electronically by the claimant, service of claim forms is always by post, however, you can respond to a claim by post, email or online on the MCOL website.

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I received court claim through post but acknowledged service by e-mail so does that mean I can submit my defence on Thursday 23/7/2015 by e-mail if no response received from bwlegal?
Thanks for speedy reply

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you for further guidance - have today sent a second e-mail to bwlegal to chase my e-mailed request for an extension to submitting my defence which was sent 16/7/2015. I have to submit my defence by Sunday 26/7/2015 so working on the fact that it should be sent by Friday 24/7/2015. Is this correct?

Yes, it is to be on the safe side. A couple of posters on here submitted their defences yesterday when they were due on Saturday as it was the weekend, etc. however, I wouldn't recommend it, better to be safe than sorry and ensure they can't request default judgment. :scared:

If I do not hear from bwlegal I understand that I need to submit a generic defence based on the fact that no reply to CCA request or CPR 31.14 request

Yes, you'll find example generic defences based around no documents received here: http://www.legalbeagles.info/forums/...t-Court-Claims

and that this should be printed in hard copy form and sent to the court by special delivery royal mail to ensure the court receive this on Friday 24/7/2015?

Not necessarily, if the claim was issued through MCOL and you've acknowledged it online, you should be able to log in again and submit your defence also online. Alternatively, if you have any problems with MCOL, it can be sent by email to the court. :typing:

Alternatively, if bwlegal agree to extension I can e-mail the court with this information?

Yes, as noted here: http://www.legalbeagles.info/forums/...322#post452322 :thumb:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you for further guidance - have today sent a second e-mail to bwlegal to chase my e-mailed request for an extension to submitting my defence which was sent 16/7/2015. I have to submit my defence by Sunday 26/7/2015 so working on the fact that it should be sent by Friday 24/7/2015. Is this correct? If I do not hear from bwlegal I understand that I need to submit a generic defence based on the fact that no reply to CCA request or CPR 31.14 request and that this should be printed in hard copy form and sent to the court by special delivery royal mail to ensure the court receive this on Friday 24/7/2015? Alternatively, if bwlegal agree to extension I can e-mail the court with this information?

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you everyone for your help. I have as suggested created a new e-mail address to specifically deal with this matter. I have just e-mailed bwlegal to ask for an extension and have an electronic receipt of my e-mail in my in-box. Given that I need to submit my defence by 24/7/2015 how long should I leave it before I chase them again or is that not necessary now I have sent one chaser?

You've still got a week left so I'd say you could send another chaser, along the lines of "I was wondering whether you have received my previous email as below..." and include the text of your first email. With emails there's always the excuse that they didn't receive them, spam folder, system glitch, mailbox full, dog ate it, you get the picture. :lol:

I would say no need to chase again but include their lack of response in a generic defence. There are examples on here of these. If you pm flaming parrot I am sure they can point you in the right direction. I will get pecked to death for passing on work :-)

You will get an invoice from me followed by a claim! :wof:

On a more serious note, this is where the example defences are, based around not having received any documents: http://www.legalbeagles.info/forums/...t-Court-Claims

If I read it correctly, payments were made in late 2009 so not SBd.

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

I would say no need to chase again but include their lack of response in a generic defence. There are examples on here of these. If you pm flaming parrot I am sure they can point you in the right direction. I will get pecked to death for passing on work :-)

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you everyone for your help. I have as suggested created a new e-mail address to specifically deal with this matter. I have just e-mailed bwlegal to ask for an extension and have an electronic receipt of my e-mail in my in-box. Given that I need to submit my defence by 24/7/2015 how long should I leave it before I chase them again or is that not necessary now I have sent one chaser?

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I am loath to contact bwlegal by phone as I have never acknowledged any debt by phone or post and as I have mentioned in earlier posts I suffer from social anxiety disorder.

Normally we'd always say everything should be in writing and by post rather than email, however, with court claims where you haven't received documents and the deadline for filing your defence is fast approaching, most people do chase up by email and/or phone in order to save time. It all depends on how much time you've got before your deadline, as Amethyst says here:

Requesting an extension is best dealt with on the telephone, however you can email or write to the claimants solicitors, depending how much time you have.

There's no need to worry about acknowledging the debt at this stage, for limitation purposes, the clock gets reset when a claim is issued.

I was hoping not to have to reveal my e-mail address to them but appears I may have no other option.

Yes, there is, you can set up free email addresses in various places such as mail.com and mail2world.com as well as the usual Hotmail accounts.

Sorry to ask for things to be spelt out for me but do I now HAVE to e-mail bwlegal chasing CPR 31.14 request and is there a template letter on the site for this or suggested wording for the e-mail content?

There is an example here: http://www.legalbeagles.info/forums/...350#post452350

Do I need to contact the court yet by e-mail as I acknowledged service electronically or wait until I have a reply from bwlegal?

Not yet, only if they agree to an extension, then you need to inform the court as noted here: http://www.legalbeagles.info/forums/...322#post452322 If they refuse to agree to an extension, then you don't need to contact the court but you need to make sure you file a defence before your deadline (33 days from date printed on claim). :typing:

Can you please explain what CPR 15.5 is to me? Thanks again for everyone's advice.

CPR stands for Civil Procedure Rules, basically the rules that set out the whole court process and that everyone has follow when issuing or responding to a claim. Part 15 of the Civil Procedure Rules refers to filing a defence. Rule 15.5 refers to the parties agreeing to an extension to file a defence, you'll find it all here: https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

If you are concerned about divulging an email address most ISP's let you set up several and people like yahoo let you have aliases. Most people I know have one email address for friends and family, regular stuff and another for things like forums , registering for free websites etc,

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I am loath to contact bwlegal by phone as I have never acknowledged any debt by phone or post and as I have mentioned in earlier posts I suffer from social anxiety disorder. I was hoping not to have to reveal my e-mail address to them but appears I may have no other option. Sorry to ask for things to be spelt out for me but do I now HAVE to e-mail bwlegal chasing CPR 31.14 request and is there a template letter on the site for this or suggested wording for the e-mail content? Do I need to contact the court yet by e-mail as I acknowledged service electronically or wait until I have a reply from bwlegal? Can you please explain what CPR 15.5 is to me? Thanks again for everyone's advice.

You are certainly correct in your feeling about not phoning, it's so easy for calls to be denied.

Just a simple letter quoting the claim No. the date of the CPR request and a reminder that the claim has not yet been allocated to a track and therefore CPR31.14 is still relevant.

nem

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Flaming Parrot

I am loath to contact bwlegal by phone as I have never acknowledged any debt by phone or post and as I have mentioned in earlier posts I suffer from social anxiety disorder. I was hoping not to have to reveal my e-mail address to them but appears I may have no other option. Sorry to ask for things to be spelt out for me but do I now HAVE to e-mail bwlegal chasing CPR 31.14 request and is there a template letter on the site for this or suggested wording for the e-mail content? Do I need to contact the court yet by e-mail as I acknowledged service electronically or wait until I have a reply from bwlegal? Can you please explain what CPR 15.5 is to me? Thanks again for everyone's advice.

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi, I just wanted an update on whether or not I should be chasing anyone with regards to my CCA request and CPR 31.14 request? Both my letters were posted by special delivery 1/7/2015 and I have tracked their receipt of my letters which was 2/7/2015. Am I right in thinking that I should not be chasing CCA request to Lowell?

That's correct, non-compliance with a CCA request is a bar to enforcement for as long as they are in default of your request, and you can state this in your defence.

Do bwlegal have 14 working days in which to respond to me on CPR 31.14 request which would mean I won't receive anything from them until around 22/7/2015?

The letter gives them only 7 days but don't expect Mr Carter to send anything before your defence is due, if he did, we'd have to put his response in a solid gold frame!

I understand that I need to have my defence submitted to the court by Friday 24/7/2015. I would be grateful for some clarification on this.

Your defence is due 33 days from the date printed on the claim form. If you don't get anything by then, you'd have to submit a generic defence based around not receiving any documents. Examples can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

The usual process is to chase up the CPR request which you can do on an email and then chase up by phone, then ask them to agree to a 28 day extension as per CPR 15.5. I don't think Carter has ever agreed but if he refuses, that can also be included in your defence. :thumb:

Hi D
Don't chase the CCA - if they don't respond it could be used as part of your defence, I think that the CPR timeline for responding is 7 days but I am sure someone more knowledgeable will be along shortly to advise

MRC

It is as stated on the letter, based on the fact that, in principle, they should have had the documents before issuing the claim and the only reason they are not sent with the claim is because they are issued electronically through the Bulk Centre. There is no requirement to attach them to the claim but that doesn't mean they shouldn't be in their possession.

[jon1965]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Chase the CPR by email/phone and if they stall ask them to agree in writing to a 28 day extension for submitting your defence. Assuming they agree you need to then email the court with a copy of their letter and say an extension of 28 days has been agreed

[mrcooper]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi D

Don't chase the CCA - if they don't respond it could be used as part of your defence, I think that the CPR timeline for responding is 7 days but I am sure someone more knowledgeable will be along shortly to advise

MRC

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi, I just wanted an update on whether or not I should be chasing anyone with regards to my CCA request and CPR 31.14 request? Both my letters were posted by special delivery 1/7/2015 and I have tracked their receipt of my letters which was 2/7/2015. Am I right in thinking that I should not be chasing CCA request to Lowell? Do bwlegal have 14 working days in which to respond to me on CPR 31.14 request which would mean I won't receive anything from them until around 22/7/2015? I understand that I need to have my defence submitted to the court by Friday 24/7/2015. I would be grateful for some clarification on this.

12 + 2 Working Days for the CCA Request no need to chase, if they don't comply the debt is rendered unenforceable until the agreement is found.

CPR 31.14 has a nominal 7 day timescale for compliance, BW legal varies it's response from the " claim will be allocated to the small claims track so CPR31,14 is not relevant" to " we are attempting to obtain the information from our client"

If the agreement has not been supplied this forms a key part of your defence.

nem