Urgent Advice Please BW Legal - Lowell & County Court Claim

[nemesis45]

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

Hello Ditzee,,
1. The satisfied date is when Lowell acquired the debt.

2. The relevant 6 year period for Limitations (OD) would start on the date the creditor Issued a Demand for Immediate Payment In Full.

3. CCA request is not applicable to an OD.

4. CPR 31.14 is still applicable until the claim is allocated to the SCT.

5. All will depend when the creditor Demanded the Immediate repayment in full.

Pretty close call if the creditor took 6 months to register a default that would bring us up to 11/2009 for the start of the 6 year period if we ignore demands for payment.

This debt is on the file you say so a default date should be on the record?

nem

[ditzee]

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

Oh my word I am so confused now :noidea::noidea:. I have today received a letter from bwlegal stating their client Lowell is prepared to offer me a final settlement fee and attached is a photocopy of a bank account statement which has no date on it as such but states it covers the period 10/12/2008 - 10/12/2009. Opening balance -£284.97 and closing balance -£654.34 - I thought this claim was in relation to a credit card but would appear it relates to a bank overdraft account!
Until 2010 I previously banked with the Halifax so I am confused. This Statement of Account show last "money in" as 22/5/2009 - to be honest I cannot recall if any further monies were paid into this account after that date but find it odd that if the statement period covers up to December 2009 why are there are no other monies going in shown on there so am now thinking this was final payment and wondering if the account would have been statute barred when proceedings were taken out against me in June 2015? - I am assuming that 6 months after May would be treated as the official default date??
To add to my confusion I just obtained a copy of my credit report and this makes reference to a Current Account with Halifax which was started on 29/10/2001- does this affect how my claim is dealt with? The default balance was £654 and date it was updated and SATISFIED was 31/7/2013. Does this mean Lowell purchased this debt? Are the CCA and CPR requests still applicable? I still have not received these documents which I requested and mentioned in my defence? Are bank account overdrafts dealt with differently to credit cards?:loco:

[ditzee]

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

Thanks again Flaming Parrot for the update. I will sit tight then until I receive the N180 questionnaire and then post for yet more help from everyone - thank you again, I wouldn't know what I would do without the Legal Beagles :okay::okay:

[FlamingParrot]

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

Hi again. Received a letter from bwlegal in today's post. Simply states that their client LOWELL intends to continue with the claim. Can you please confirm what is the next stage of the process, will the court give them another court date? Will there be any more info available via MCOL?

From what I can see above, your defence was submitted exactly 28 days ago, the claimants have 28 days to respond and state whether they wish to proceed with the claim so they are just doing so. You'll need to wait to hear from the court, they'll start by sending you an N180 directions questionnaire for you to fill in and return. Once the questionnaires are returned, the court will set a trial date but that will be a few months away. :ranger:

None of the documents I originally requested are attached by the way!:noidea:

No, they wouldn't be if they haven't found them. Once the questionnaires are sent and returned, the court will give directions to supply the documents at least 14 days before the court date, if they still can't find them, they may well have to discontinue. ray: What a shame, uh? :lol:

[ditzee]

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

Hi again. Received a letter from bwlegal in today's post. Simply states that their client LOWELL intends to continue with the claim. Can you please confirm what is the next stage of the process, will the court give them another court date? Will there be any more info available via MCOL? None of the documents I originally requested are attached by the way! :noidea:

[nemesis45]

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

Defence finally submitted via MCOL - a big thank you everyone at Legal Beagles I could not have done it without you - I will no doubt be posting soon with my next update on how the case progresses :clap2:

Good luck Ditzee!!


nem

[ditzee]

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

Defence finally submitted via MCOL - a big thank you everyone at Legal Beagles I could not have done it without you - I will no doubt be posting soon with my next update on how the case progresses :clap2:

[nemesis45]

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

Completing the defence via MCOL now and stuck at page where asking if I am making counterclaim or not - am I ticking yes or no??????:help:

Definitely No Ditzee.

nem

[FlamingParrot]

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

Completing the defence via MCOL now and stuck at page where asking if I am making counterclaim or not - am I ticking yes or no??????:help:

If you are submitting just the generic defence it would be a NO. :thumb:

[ditzee]

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

Completing the defence via MCOL now and stuck at page where asking if I am making counterclaim or not - am I ticking yes or no??????:help:

[ditzee]

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

Thanks Nem - I have drafted document and have inserted this statement and then simply typed in my name and date

[nemesis45]

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

Post received and nothing from Lowell or BWLegal so going ahead with MCOL defence today. Silly question but at the end of the statement of truth do I simply type my name and the date!:doggieyes:

No do it this way.

I your name defendant in this claim believe the statement above are true to the best of my knowledge and belief

Signature................................Date..... ...........................:

nem

[ditzee]

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

Post received and nothing from Lowell or BWLegal so going ahead with MCOL defence today. Silly question but at the end of the statement of truth do I simply type my name and the date!:doggieyes:

[FlamingParrot]

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

A stay is where the claim is on hold until the claimant applies to lift the stay, someone else will have to tell you if that costs them anything
A claim, or a defence is struck out when the other sides applies and there is no prospect of a win, so if you are the defendant and the claim has been stayed because no documents were found , after a period of time you could apply for it to be struck out, now if that is the best course of action is another story

It will require an N244 application and there is always a fee attached.

[FlamingParrot]

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

Can I ask what exactly "stayed" means - does that mean that the court will take no further action until the claimant produces the relevant documentation

Not exactly. A case will be stayed when the claimant does not respond within 28 days of receiving your defence. While it's stayed the only action that can be taken is to apply to lift the stay. If they decide to proceed the court will ask them to send you the documents at least 14 days before the hearing.

and does that mean that the claimant will incur further costs if they continue to pursue? Is there a difference between a "stay" and a "strike out"? :confused2:

Quite a significant one. A stay is just a suspension of proceedings, they are still live but dormant so to speak. Either side can revive them by applying to the court to lift the stay. If the case is stayed, it may be possible to apply for strike out although in some cases the court has required an application to lift the stay prior to the strike out application. This is all academic at this stage though, they may well reply deciding to continue at least for now, they'll still have to produce the documents at some point. :thumb: