CCJ Application/BW Legal/British Credit Trust

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Legal Beagles 009.jpgI

It would be 33 days from the date printed on the claim, I see it's the 29th of June so it would be the 1st of August: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Evening. I have today received another letter in the post from BW Legal. What are my next steps? I have now sent off the SAR & CPR by recorded delivery.

Thank you.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

A totally meaningless letter no doubt intended to get you to pay up. If they are so confident of winning in court, why bother?

You already know they can request judgment if you don't respond to the claim with a defence, not much point in reminding you of that fact or what *could* happen *if* they obtained judgment. I'd just file that one.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

If you acknowledged service they cannot request judgment on July 21st, you have 33 days to submit a defence and you'll do that directly to the court rather than telling them why you dispute the account. At this stage that's neither here nor there. Silly Buggers!

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

A totally meaningless letter no doubt intended to get you to pay up. If they are so confident of winning in court, why bother?

You already know they can request judgment if you don't respond to the claim with a defence, not much point in reminding you of that fact or what *could* happen *if* they obtained judgment. I'd just file that one.

Thanks FP. So it's kind of bully tactics then??

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thanks FP. So it's kind of bully tactics then??

They certainly are.

No doubt some people will reach for the phone and they'll be pressed into paying up, but we know better.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Ok, I feel better for your last comment.

I will monitor the receipt of the recorded delivery SAR & CPR I have sent and keep you updates. Once again, many many thanks.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Just a quick update. I haven't heard anything back from either Lowell or BW Legal. Should I just sit tight until I receive my SAR & CPR back?

Thank you.

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

Do you mean cca request and cpr.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Do you mean cca request and cpr.

Hi Jon,

Yes that is what I meant.

Regards

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

Well you still have time before your defence is due. There is no need to chase the cca, I assume you have proof they received them.
I would give it a few days before chasing the cpr request.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Well you still have time before your defence is due. There is no need to chase the cca, I assume you have proof they received them.
I would give it a few days before chasing the cpr request.

Hi Jon,

Yes I have proof that both BW & Lowell received and signed for my requests.

I have today received the attached from BW Legal. What are everyone's thoughts on the response please?

Sorry, wrong attachment was uploaded.

BW Legal 010.jpg

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

I am assuming that you did file your acknowledgement of claim and ticked defend in full. If so that seems like the usual crap, there seem to have been a few of those flying around recently .
Probably time to chase that CPR request now, I would reference that letter along the lines of
Dear Sir
Ref
On xxxxxx you issued a claim against me and I acknowledged said claim on xxxxxx. I then sent you a request under cpr 31.15 and also a request under S77-79 to Lowell received on xxxxxx and xxxxxx respectively
I have yet to have a reply from either. If you or your client are unable to respond in the appropriate time frame can you please confirm that you are happy for a 28 day extension for me to file my defence as without these documents I am unable ago assess my position

Yours xxxxxx

( Sorry unable to read back atm so just check the details before posting )

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Hi Jon,

Yes I have proof that both BW & Lowell received and signed for my requests.

I have today received the attached from BW Legal. What are everyone's thoughts on the response please?

Sorry, wrong attachment was uploaded.

That notice of judgment is just a ploy, you just have to make sure you file your defence before your deadline. They have quoted July 21st but you really need to double-check the date on your claim form, the deadline will be 33 days from that date.

Although the letter itself does not require a response as such, you could respond saying that you have sent a request for the documents under CPR 31.14 on xxxx date and you have not received any documents. The documents should have been in their possession before issuing the claim and you need them to file your defence. In view of their non-compliance you'd like to ask them to agree to a 28 day extension to file your defence as allowed under CPR 15.5. :thumb:

As for the other letter regarding your CCA request, non-compliance is a bar to enforcement and you can use it in your defence, so no need to chase that one.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

I am assuming that you did file your acknowledgement of claim and ticked defend in full. If so that seems like the usual crap, there seem to have been a few of those flying around recently .
Probably time to chase that CPR request now, I would reference that letter along the lines of
Dear Sir
Ref
On xxxxxx you issued a claim against me and I acknowledged said claim on xxxxxx. I then sent you a request under cpr 31.15 and also a request under S77-79 to Lowell received on xxxxxx and xxxxxx respectively
I have yet to have a reply from either. If you or your client are unable to respond in the appropriate time frame can you please confirm that you are happy for a 28 day extension for me to file my defence as without these documents I am unable ago assess my position

Yours xxxxxx

( Sorry unable to read back atm so just check the details before posting )

Morning Jon, yes I did tick defend in full as well as acknowledging the claim.

I will draft a letter over the weekend and put on here for approval if thats ok?

Many thanks.

- - - Updated - - -

That notice of judgment is just a ploy, you just have to make sure you file your defence before your deadline. They have quoted July 21st but you really need to double-check the date on your claim form, the deadline will be 33 days from that date.

Although the letter itself does not require a response as such, you could respond saying that you have sent a request for the documents under CPR 31.14 on xxxx date and you have not received any documents. The documents should have been in their possession before issuing the claim and you need them to file your defence. In view of their non-compliance you'd like to ask them to agree to a 28 day extension to file your defence as allowed under CPR 15.5. :thumb:

As for the other letter regarding your CCA request, non-compliance is a bar to enforcement and you can use it in your defence, so no need to chase that one.

I can't thank you all enough for the help and advice I have received on this forum, I don't know what I would have done without said help/advice. So thank you once again.

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

If I have read this correctly, there are two attachments on the post, the first one which was the notice of intended judgement was sent prior to the OP sending the CCA and CPR request, they uploaded it in error and I replied in good faith to that letter.

The actual letter that was sent was the other one which was acknowledgement of receipt of a letter although it doesn't mention the CPR request.
I would no be chasing up the CPR request and asking for an extension to submit the defence

Lte if they agree to the extension you need to let the court know, if they don't agree the extension you need to file a defence based on lack of evidence , lack of CCA request