CCJ Application/BW Legal/British Credit Trust

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thanks FP.

I haven't received the CCA nor all the documents requested in my IE:1. Agreement / Contract
2. Default Notice
3. The notice of assignment

Out of the three documents listed all I received was a default notice of sorts. I did post up on here what I had received from them.

So, I can't agree to mediation, what will be the next steps for me after I have filled in the YES/NO questions in the mediation email?

These are the 4 statements listed in the email for mediation.

I can confirm that I am willing to compromise on this matter

I can confirm that there has been no police involvement in this matter at any time

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

I can confirm that I can mediate on the date stated above.
(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

Those are the four standard statements you are expected to be able to answer YES to for mediation to go ahead. It is clear that if you haven't received the documents, you can't say you've got enough information and do not require further evidence. Appointments have to be booked in advance so you can't be expected to wait for the documents till the last minute.

As mediation cannot go ahead without paperwork, the case will proceed to court and the court will require them to come up with the goods at least 14 days before the hearing date. :juge:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Those are the four standard statements you are expected to be able to answer YES to for mediation to go ahead. It is clear that if you haven't received the documents, you can't say you've got enough information and do not require further evidence. Appointments have to be booked in advance so you can't be expected to wait for the documents till the last minute.

As mediation cannot go ahead without paperwork, the case will proceed to court and the court will require them to come up with the goods at least 14 days before the hearing date. :juge:

Thank you. So, in my ignorance. I await the phone call from mediation and tell them I can't answer yes to all the statements. It then goes to court and BW/Lowell will have to provide the documents I have requested but not received to the courts before the hearing can go ahead??

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you. So, in my ignorance. I await the phone call from mediation and tell them I can't answer yes to all the statements.

Ideally you should reply to their email and let them know so they don't waste their time with a mediation appointment if it cannot proceed.

It then goes to court and BW/Lowell will have to provide the documents I have requested but not received to the courts before the hearing can go ahead??

At that point they'd have to discontinue the claim or face an application for strike out for non-compliance with a court order. :thumb:

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

I agree with FP but not sure if this is relevant
I would answer all the questions and on the question where it asks about documents say no and then list the documents you have requested and how and say there has been no response or what the response was for example

I requested a copy of the agreement under S78 CCA1974 and to date have not any reply (or they have replied saying they are looking for it)

I requested the Notice of assignment , agreement default notice etc under CPR31.14 and the solicitors have not replied (or refused claiming that as it was likely to be a small claim it was not relevant, however as at that point no allocation had been made you believe that the request was valid)

What do you think [MENTION=37786]FlamingParrot[/MENTION] god FP will be so sick of me , or maybe I should just believe in myself a bit

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

I agree with FP but not sure if this is relevant
I would answer all the questions and on the question where it asks about documents say no and then list the documents you have requested and how and say there has been no response or what the response was for example

I requested a copy of the agreement under S78 CCA1974 and to date have not any reply (or they have replied saying they are looking for it)

I requested the Notice of assignment , agreement default notice etc under CPR31.14 and the solicitors have not replied (or refused claiming that as it was likely to be a small claim it was not relevant, however as at that point no allocation had been made you believe that the request was valid)

What do you think @FlamingParrot god FP will be so sick of me , or maybe I should just believe in myself a bit

:lol: :lol: :lol:

There is no harm in mentioning what documents you have requested and not been provided with, however, the mediation service are not going to get involved in mediating for documents, they're not going to ring the other side and tell them they should be sending something or other, they will just say that without sufficient information, mediation cannot go ahead. Their function is to facilitate settlement and will be used to people saying they can't mediate without documents.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Ideally you should reply to their email and let them know so they don't waste their time with a mediation appointment if it cannot proceed.

At that point they'd have to discontinue the claim or face an application for strike out for non-compliance with a court order. :thumb:

Thank you FP. I have just emailed to say that I can't tick yes to all of the statements they have requested.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

:lol: :lol: :lol:

There is no harm in mentioning what documents you have requested and not been provided with, however, the mediation service are not going to get involved in mediating for documents, they're not going to ring the other side and tell them they should be sending something or other, they will just say that without sufficient information, mediation cannot go ahead. Their function is to facilitate settlement and will be used to people saying they can't mediate without documents.

Evening FP,

I have received a reply back from mediation after I told them I couldn't answer yes to all the statements. They have told me that it will now be passed to my local court??

Regards

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Evening FP,

I have received a reply back from mediation after I told them I couldn't answer yes to all the statements. They have told me that it will now be passed to my local court??

Regards

Evening Ite69

That's the next step in the process when mediation cannot go ahead due to lack of documents, however, the court will still ask them to supply the documents at least 14 days before the court hearing date so unless they can do a little magic, they may well have to end up discontinuing the claim. ray: ray: ray: What a shame, uh? msl: :lol:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Evening Ite69

That's the next step in the process when mediation cannot go ahead due to lack of documents, however, the court will still ask them to supply the documents at least 14 days before the court hearing date so unless they can do a little magic, they may well have to end up discontinuing the claim. ray: ray: ray: What a shame, uh? msl: :lol:

Evening FP,

So.....what will happen with the debt? Will it be passed to another type of Lowell debt company and them possibly trying to lodge a CCJ??

Than you.

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Evening FP,

So.....what will happen with the debt? Will it be passed to another type of Lowell debt company and them possibly trying to lodge a CCJ??

Than you.

If Lowell lose the claim it's highly unlikely all though not impossible that Lowell may attempt to sell the debt on.

nem

[judgemental24]

Re: CCJ Application/BW Legal/British Credit Trust

You will also have res judicata If Lowell lose this claim in your favour even if they did sell it on

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

No one has mentioned losing the claim just them not continuing.

[judgemental24]

Re: CCJ Application/BW Legal/British Credit Trust

Well if they withdraw after the defence has been exchanged CPR 38.7 will apply

They will have to ask the court permission to submit a new claim.

If the claim is on the same particulars as before then no chance of that

- - - Updated - - -

Discontinuance and subsequent proceedings

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Evening FP,

So.....what will happen with the debt? Will it be passed to another type of Lowell debt company and them possibly trying to lodge a CCJ??

Than you.

Evening Ite

Hard to tell at this stage since we are not even there yet. Debts can be sold on but it would be an abuse of process to issue a new claim for the same debt unless there was new evidence that wasn't available when the first claim was issued.

If Lowell lose the claim it's highly unlikely all though not impossible that Lowell may attempt to sell the debt on.

nem

I know a debt that was ruled unenforceable in court and it was quite a well known case when it was won in 2012, got sold on in 2013. It's a dead duck but such is the nature of the debt purchase business, you get pot luck.

Well if they withdraw after the defence has been exchanged CPR 38.7 will apply

They will have to ask the court permission to submit a new claim.

If the claim is on the same particulars as before then no chance of that

If the debt was sold on, the new owners wouldn't be aware of the history of the account as was the case with the one I mentioned above, however, it would be up to the defendant to highlight the fact that this debt was already subject to court proceedings that were discontinued due to lack of evidence when they are contacted by the new DCA.

We seem to be getting ahead of ourselves here, debating something that may never happen.

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Evening Ite

Hard to tell at this stage since we are not even there yet. Debts can be sold on but it would be an abuse of process to issue a new claim for the same debt unless there was new evidence that wasn't available when the first claim was issued.

I know a debt that was ruled unenforceable in court and it was quite a well known case when it was won in 2012, got sold on in 2013. It's a dead duck but such is the nature of the debt purchase business, you get pot luck.


If the debt was sold on, the new owners wouldn't be aware of the history of the account as was the case with the one I mentioned above, however, it would be up to the defendant to highlight the fact that this debt was already subject to court proceedings that were discontinued due to lack of evidence when they are contacted by the new DCA.

We seem to be getting ahead of ourselves here, debating something that may never happen.

Yes I agree, unnecessary complication at this stage.

nem