CCJ Application/BW Legal/British Credit Trust

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

hello LTE
It looks as said if the judge reviewing the October order found it had not been complied with
and has struck the claim.

The claimant now being in possession of " the document " could start a new case,
this may depend on if a new claim is financially viable. Have to wait and see I' m afraid.

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

hello LTE
It looks as said if the judge reviewing the October order found it had not been complied with
and has struck the claim.

The claimant now being in possession of " the document " could start a new case,
this may depend on if a new claim is financially viable. Have to wait and see I' m afraid.

nem

Oh bugga....I thought that was the last I would be hearing from them.

I have just found the letter from the court asking BW to provide:

The original loan agreement

The notice of assignment of the account to the Claimant

A history of the account showing how the amount calculated is arrived at

A copy of the Defendant notice alleged to have been served on the Defendant in respect of the said account.

I do question some of the legitimacy of the letters, mainly due to the fact that most went to my old address even though British Credit Trust had my new address......this is the address where they came to pick the car up from!

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Oh bugga....I thought that was the last I would be hearing from them.

I have just found the letter from the court asking BW to provide:

The original loan agreement

The notice of assignment of the account to the Claimant

A history of the account showing how the amount calculated is arrived at

A copy of the Defendant notice alleged to have been served on the Defendant in respect of the said account.

I do question some of the legitimacy of the letters, mainly due to the fact that most went to my old address even though British Credit Trust had my new address......this is the address where they came to pick the car up from!

Lets hope they decide it's not worth the time and costs to come back!!

nem

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

hello LTE
It looks as said if the judge reviewing the October order found it had not been complied with
and has struck the claim.

The claimant now being in possession of " the document " could start a new case,
this may depend on if a new claim is financially viable. Have to wait and see I' m afraid.

nem

This wouldn't be a new case, the claimant would have to apply to the court for relief from the striking out sanction of not supplying the documents in time, whether they do or not depends on much the same financial risk, and even if they do apply it doesn't mean the judge will allow the application. If they allowed the strike out to continue unchallenged then they would have a job bringing a new claim for the same cause of action, and would need permission of the court to do so.

So yes, just a wait and see, just didn't want it to be a surprise if docs come from the court/claimant on the same case xxx

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Lets hope they decide it's not worth the time and costs to come back!!

nem

Hi nem,

Hope you had a good Xmas and New Year.

I have today received the attached from court, along with an 8 page Application notice and date when the application will take place in Court. 16th March.

I am now back to being worried to what may happen.

Thank you in advance.

LTE

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hi nem,

Hope you had a good Xmas and New Year.

I have today received the attached from court, along with an 8 page Application notice and date when the application will take place in Court. 16th March.

I am now back to being worried to what may happen.

Thank you in advance.

LTE

Hello lte, Happy New Year.

What is the basis of the application?
Do they now have all the documents to backup their claim?

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Hello lte, Happy New Year.

What is the basis of the application?
Do they now have all the documents to backup their claim?

nem

I will post up all the pages shortly once I have got sorted at home etc. . They have some of the documents.

There are some questionable documents, in particular some letters going to my old address even though British Credit Trust knew my new address as I had corresponded with them when I offered a monthly repayment plan.

They ask:

What order are you asking the court to make and why?

They respond with:

Claimant seeks relief from sanctions in accordance with rule 3.8(1) of the Civil Procedure Rules. The Claimant seeks an Order as follows:

1. The order of 3 December 2015 to be set aside
2. The Claimants Claim be reinstated
3. The Court Order dated 27 October 2015 be reinstated

Thanks in advance.

LTE

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Here you are [MENTION=42011]Nem[/MENTION] the other two are on their way.

LTE

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

The other two photos [MENTION=42011]Nem[/MENTION].

Thank you.

LTE

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

[MENTION=1937]nemisis[/MENTION]45 Did you manage to have a look at my documents?

Regards

LTE

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Could somebody please advise me on the documents I have posted please??

Thank you.

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

Hi Lte, sorry we've missed your post, I'm just having a read back xx

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

Okay sorry I had to have my tea xx

you need to write a witness statement in response to their application to submit to the court before the hearing. I'm just going to turn your docs round to save my neck and have a proper look at this agreement.

So is there a page 3 of the credit agreement with a paragraph 2.3 on ? or any of the others referred to in the bit I've circled?

So basically despite having brought the claim in June 2015, they only managed to find a credit agreement after a court ordered them to do so, and then it was late, AND incomplete.

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

I can't find the order of 27th October - did you ever actually have a copy of that ?

1. Copy of Credit Agreement
2. Notice of Assignment
3. Statement of Account
4. Notices chasing sums in arrears.

As really we'll be arguing that the 27th Oct order wasn't complied with on the 8th December as the documents ordered are incomplete / missing ( Default Notice ?? )

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

Witness statement / application ( just so I can read them a bit easier)