CCJ Application/BW Legal/British Credit Trust

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you FP. Sent it last night as a Word Document.

Just over a week ago now that I sent request to Lowell & BW and nothing returned of what I requested.

You have done your bit it's now their turn to do theirs. They'll have 28 days to respond to your defence, otherwise the claim will be stayed (but you won't be told about it). :ranger: If they decide to proceed, you'll get a notification from the court and an N180 directions questionnaire. They well be instructed to send you the documents at least 14 days before the hearing date so they may well struggle at that point and who knows, may even have to discontinue! ray: ray: ray:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

You have done your bit it's now their turn to do theirs. They'll have 28 days to respond to your defence, otherwise the claim will be stayed (but you won't be told about it). :ranger: If they decide to proceed, you'll get a notification from the court and an N180 directions questionnaire. They well be instructed to send you the documents at least 14 days before the hearing date so they may well struggle at that point and who knows, may even have to discontinue! ray: ray: ray:

Thank you very much FP. So just a waiting game now. :tinysmile_hmm_t2::tinysmile_hmm_t2::tinysmile_hmm _t2:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

You have done your bit it's now their turn to do theirs. They'll have 28 days to respond to your defence, otherwise the claim will be stayed (but you won't be told about it). :ranger: If they decide to proceed, you'll get a notification from the court and an N180 directions questionnaire. They well be instructed to send you the documents at least 14 days before the hearing date so they may well struggle at that point and who knows, may even have to discontinue! ray: ray: ray:

Evening FP.

I have received a letter today from HM Courts & Tribunals Service which reads:

" I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will them inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay"

I assume this is a standard response from the court when a defence has been submitted??

Many thanks.

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

Hi. It's absolutely standard. As FP said it's just a waiting game. Keep us informed.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Hi. It's absolutely standard. As FP said it's just a waiting game. Keep us informed.

Hello. A quick update, although not much to update about. Still haven't received ANY communication from either BW nor Lowell. Should I be chasing anything?

Thank you.

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hello. A quick update, although not much to update about. Still haven't received ANY communication from either BW nor Lowell. Should I be chasing anything?

Thank you.

Ok claimant has 28 days from receiving your defence to respond so check near the end of the period with the court on the status of the claim it may be stayed.

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Ok claimant has 28 days from receiving your defence to respond so check near the end of the period with the court on the status of the claim it may be stayed.

nem

Thank you Nem.

Forgive my ignorance, but what does "stayed" actually mean?

Regards

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you Nem.

Forgive my ignorance, but what does "stayed" actually mean?

Regards

No problem at all, you can ask as many questions as you like!
Stayed in abeyance / not active if a claim is stayed because a claimant
has not responded to a defence within 28 days the court puts the claim
on hold until the claimant pays a fee to lift the stay and continue the claim.

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

No problem at all, you can ask as many questions as you like!
Stayed in abeyance / not active if a claim is stayed because a claimant
has not responded to a defence within 28 days the court puts the claim
on hold until the claimant pays a fee to lift the stay and continue the claim.

nem

Thank you again.

So can they keep pursing the debt via another County Court Claim?

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you again.

So can they keep pursing the debt via another County Court Claim?

No, at this point the claimant has not provided/files documents required to pursue the claim,
the claim is " on hold" until the claimant pays to lift the stay, withdraws the claim or you make
application for the claim to be struck out.

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

No, at this point the claimant has not provided/files documents required to pursue the claim,
the claim is " on hold" until the claimant pays to lift the stay, withdraws the claim or you make
application for the claim to be struck out.

nem

Hello Nem,

Just a quick update, or lack of communication more like!! Not heard a thing from BW nor Lowell so I am ringing the court tomorrow morning to see what they say.

Regards

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hello Nem,

Just a quick update, or lack of communication more like!! Not heard a thing from BW nor Lowell so I am ringing the court tomorrow morning to see what they say.

Regards

Excellent idea but it's a bit early for the claim to have been stayed but still a good idea!!
nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

No, at this point the claimant has not provided/files documents required to pursue the claim,
the claim is " on hold" until the claimant pays to lift the stay, withdraws the claim or you make
application for the claim to be struck out.

nem

Hello again Nem.

I have just been checking my credit file and I have found my British Credit Trust which I thought had disappeared. It is actually under the name of Capquest now and my balance that I owed was £3887. I am little confused to say the least because it shows my "default" balance as £8087?? None of these figures match what is on the court claim. Plus the fact that I paid £8895 for the car and it was probably 2 to 2 1/2 years after that I lost my job and struggle with the payments. Any advice?

Thank you.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Excellent idea but it's a bit early for the claim to have been stayed but still a good idea!!
nem

Morning Nem.

I have just spoken to the court who informed me what I already know really, that they have received my defence which has been sent to BW/Lowell and that they are just waiting to see if they want to continue with the claim.

:tinysmile_hmm_t2::tinysmile_hmm_t2:

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Morning Nem.

I have just spoken to the court who informed me what I already know really, that they have received my defence which has been sent to BW/Lowell and that they are just waiting to see if they want to continue with the claim.

:tinysmile_hmm_t2::tinysmile_hmm_t2:

OK they have 28 days from when they received the defence to respond, check near the end of the 28 days if you have heard nothing, the claim could be stayed by the court if the claimant has not responded in time, you will not be informed if this happens.

This would be a good time to start drafting your witness statement.

nem