Urgent Advice Please BW Legal - Lowell & County Court Claim

[jon1965]

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

[ditzee]

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 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:

[FlamingParrot]

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

Thank you again Flaming Parrot. I will enter my defence via MCOL tomorrow - just hope it is a simple process to complete online! Will keep you posted as to how I get on. Am I right in thinking that the next step is that the court will then contact BWLegal and give them 28 days to come up with the correct documentation and will this information be on MCOL or will the court write to me?

Yes, pretty much, however, if they don't respond in 28 days, the claim will be stayed and you will not be informed if that's the case. It may take a little longer than 28 days to hear anything so just sit back for a while. :ranger:

[ditzee]

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

Thank you again Flaming Parrot. I will enter my defence via MCOL tomorrow - just hope it is a simple process to complete online! Will keep you posted as to how I get on. Am I right in thinking that the next step is that the court will then contact BWLegal and give them 28 days to come up with the correct documentation and will this information be on MCOL or will the court write to me?

[FlamingParrot]

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

Thank you Jon

I can prove my CPR request was signed for by BWLegal and therefore I am assuming that a chaser should not be required in order to satisfy the courts. CCA request also signed for but not complied with so hoping same applies. I shall wait until tomorrow before responding to the court on MCOL as I do not have to have my defence in until Friday - but want to ensure they have it ready for Friday pending any problems with MCOL.

That's OK, there is nothing in the CPRs that says the defendant has a duty to chase the claimant for the documents, in fact, they are supposed to have them before issuing a claim, the idea is just to show that you have complied with your side of things and they haven't. :thumb:

There's no need to leave it to the last minute in case they send you the documents, first of all, where Lowell are concerned, you are more likely to win the Lotto this Friday, if you see what I mean! The generic defence also makes allowance for it to be amended if and when documents are provided to you.

Any last thoughts or opinions on my final defence would be appreciated.

That should be OK. :thumb: Ignore the silly buggers' "data verification". You sent your requests by registered post and they'll have to send you any documents also by post. The emails were only to chase the CPR request more quickly before the deadline for your defence. Now you're ready to submit it, there won't be much need to communicate with them by email and there's no reason why you should have to talk to them on the phone either.

[ditzee]

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

Thank you Jon

I can prove my CPR request was signed for by BWLegal and therefore I am assuming that a chaser should not be required in order to satisfy the courts. CCA request also signed for but not complied with so hoping same applies. I shall wait until tomorrow before responding to the court on MCOL as I do not have to have my defence in until Friday - but want to ensure they have it ready for Friday pending any problems with MCOL. Any last thoughts or opinions on my final defence would be appreciated.

[jon1965]

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

Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim' before point 1 of my defence?

YES

This morning BWLegal have sent an e-mail stating tThat due to Data Protection Act they are unable to discuss any information without first completing Data Protection verification! They therefore want me to phone them to complete verification process so they can discuss matter via e-mail in future. Given my personal circumstances mentioned earlier regarding my health I do not feel able to speak to them.

I think they are playing silly buggers, if you really feel that you can not talk to them you could write to them telling them that because of a mental health condition you are currently unable to communicate by phone but you approve the following email address. You could throw in the fact that your condition is covered by the equalities act (send that letter by RM signed for)

As you know I have written to them sent it special delivery and have printed e-mail of their signature of receipt of my letter - please confirm that I have done what is necessary in order to file my defence along the lines that Lowell not complied with CCA request and BWLegal not complied with CPR 31.14 request. From what I have read Lowell and BWLegal will probably not respond until after I have filed a defence with the court anyway!

That is great to show they have received your request

[ditzee]

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

I intend to submit my defence on MCOL tomorrow. Can you please clarify what I should be doing regarding date and signature on my defence - I take it it is just a matter of typing date and signature in regular text? Do I also need to head my statement with the wording' Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim' before point 1 of my defence?
This morning BWLegal have sent an e-mail stating that due to Data Protection Act they are unable to discuss any information without first completing Data Protection verification! They therefore want me to phone them to complete verification process so they can discuss matter via e-mail in future. Given my personal circumstances mentioned earlier regarding my health I do not feel able to speak to them. As you know I have written to them sent it special delivery and have printed e-mail of their signature of receipt of my letter - please confirm that I have done what is necessary in order to file my defence along the lines that Lowell not complied with CCA request and BWLegal not complied with CPR 31.14 request. From what I have read Lowell and BWLegal will probably not respond until after I have filed a defence with the court anyway!

[FlamingParrot]

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

That looks OK and I very much doubt you will receive anything from that lot. The date can be the date on the claim.

[jon1965]

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

You could change the line to claim dated xxxxxx
If not use the date you received them

[ditzee]

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

PS I actually received court papers on 26/6/15 but sent my acknowledgment of service on 28/6/15 so not sure which date I should be using when stating I received my claim in the first paragraph...

[ditzee]

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

Thanks again Flaming Parrot. I have drafted my defence which I intend to submit via MCOL on Thursday 23/7/15 as I don't anticipate a response from either Lowell or BWLegal at this late stage. Can you please cast an eye over my following defence to see if I have made any glaring mistakes - in particular s.12 and as it relates to a credit card I have referred to S.78 cca 1974 so hope that is correct:-
'Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim'.
1: I received the claim xxxxxx] from Northampton County Court Business Centre on 26/6/2015.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from HBOS PLC to Lowell Portfolio Ltd on 2/7/2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that HBOS PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 1/7/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal Services Ltd. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. BW Legal Services Ltd has not sent any of these documents to me.
10. On the 1/7/2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to reply.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………
Dated .................................................. ....

I assume this statement forms all of step 3 stage on the MCOL defence claim. I take it that no actual signature is required from me in this documentation?!?

Kind regards

[FlamingParrot]

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

Hi Flaming Parrot

No automated reply from bwlegal today so unsure as to whether or not their e-mail is working.

Automated replies don't always work.

Have sent one e-mail and got automatic e-mail receipt and sent one chaser today so hoping that is all I need to do or is a third chaser before Friday required?

If you don't hear from them you can just file the generic defence.

Have checked my credit report and default date on this loan is 10/12/2009 so not sure if last payment was 3 months prior to this or if November 2009 was last payment date - if July 2009 was last payment date would this make a difference? I thought if no acknowledgment made to debt and 6 years had passed from first missed payment then case would be statute barred but if I understand correctly from one of your earlier posts you stated that once a court claim was issued the clock was reset but I don't understand this if the debt has not been proven or acknowledged?

Probably not if it was as late as July. Basically the clock starts to run after you first miss a payment, not on the last payment date. It stops on the day a claim is issued, you'd need six clear years without payment or written acknowledgment between the two events for it to be SBd.

Apologies if I am rambling on. If I do not hear from bw legal by Thursday 23/7/2015 I am intending on submitting my defence to the court by e-mail or by accessing MCOL and submitting it via that method - which do you think is the preferred method? Many thanks again.

That's fine, it's what we're here for. Try MCOL to submit your defence online first, if that doesn't work you can send it by email. :typing:

[jon1965]

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

The SB clock starts when the loan or card has been terminated and the bank can demand the whole balance or when the last payment was made whichever is the latter. Debt purchasers get the minimum of info so are unlikely to know this date and often issue claims in the hope we don't know what to do..

[ditzee]

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

Hi Flaming Parrot

No automated reply from bwlegal today so unsure as to whether or not their e-mail is working. Have sent one e-mail and got automatic e-mail receipt and sent one chaser today so hoping that is all I need to do or is a third chaser before Friday required? Have checked my credit report and default date on this loan is 10/12/2009 so not sure if last payment was 3 months prior to this or if November 2009 was last payment date - if July 2009 was last payment date would this make a difference? I thought if no acknowledgment made to debt and 6 years had passed from first missed payment then case would be statute barred but if I understand correctly from one of your earlier posts you stated that once a court claim was issued the clock was reset but I don't understand this if the debt has not been proven or acknowledged? Apologies if I am rambling on. If I do not hear from bw legal by Thursday 23/7/2015 I am intending on submitting my defence to the court by e-mail or by accessing MCOL and submitting it via that method - which do you think is the preferred method? Many thanks again.