Urgent Advice Please BW Legal - Lowell & County Court Claim

[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.

[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!

[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

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.

[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 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 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

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:

[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

[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:

[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.

[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:

[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

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

[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: