Urgent Advice Please BW Legal - Lowell & County Court Claim

[Kati]

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

Your defence needs to be submitted 33 days after the date of issue (printed on the claim form) unless you get them to agree to an extension and can be worked out using the calculator here - http://www.timeanddate.com/date/dateadd.html

AFAIK, you can either enter a date in that sentence or just edit it to just say "I require inspection of documents ahead of filing my defence"

Feel free to either post up the letters on here (or email me and I will) for extra advice prior to sending xx

[FlamingParrot]

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

Unfortunately I have had problems with my printer and scanner today but think it is just about sorted now. Can I please clarify something about the CPR 31.14 letter? I am addressing this to bwlegal but am unsure as to what date to put on letter whereby it states that I require inspection of document ahead of filing my defence on ?????. The court papers show an issue date of 23/6/2015. I received the paperwork on 26/6/2015. I have today (28/6/2015) completed my AOS direct to the court via their online website stating I am defending the case in full. Can you please provide me with the correct date I should be inserting on the template letter?

26th of July: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

I hope to get these letters completed later today or tomorrow morning so I can send them by registered mail or should it be special delivery tomorrow?

I wouldn't waste money on special delivery, recorded should be fine. :thumb:

If I can get my scanner to work I would like to e-mail these documents to you so you can give them "the once over" and I will also send copies of the letters relating to the claim. I have remembered that I should enclose £1 po for the CCA request to Lowell.

Otherwise you could take a picture with your phone. hoto:

[ditzee]

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

Hi Kati

Many thanks again. I have hopefully e-mailed said documents and await your advice as to whether or not letter are ok to send registered mail tomorrow. x

[ditzee]

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

I hope to send my documents by registered mail tomorrow Kati if they look ok to you on my e-mail. Many thanks x

[Kati]

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

.........

[ditzee]

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

Before I post my CCA request to Lowell and CPR 31.14 to bwlegal by registered post can someone kindly check my CPR 31.14 wording regarding which documents I should be requesting? I have stated that I need 3 documents in total, the Agreement, Default Notice and Assignment - is this correct?

Many thanks

[Kati]

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

The Claimant's Claim is for the sum of £835.58 monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HBOS PLC and assigned to the Claimant on 2/7/2013 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been services and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of 0.14 from the date of the assignment of the agreement to 2/7/2014 being an amount of £51.24.

yep ... agreement, default notice and notice of assignment xx

[ditzee]

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

CCA letter and CPR 31.14 posted special delivery today. Thank you for all help received on this forum. I will post new thread and seek advice if and when I receive or not, as may be the case, further correspondence from Lowell or bwlegal

[ditzee]

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.

[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

[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

[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

[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.

[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.

[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