Lowells - Welcome Finance - Court Letter

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

Hi again...!

I sent the second letter to BCS, heard nothing back as yet and i still dont have a response from Lowell.

Hi garner
That's as far as you can go with letters. I'm almost 100% sure neither will provide any documents simply because they haven't got them. :flypig:

Now I can't find my log in for the online tool to file a defence! What do i do?? how can i get another log in? i have no idea where i've put my details!!! Aarrggghhh

No worries, you can also file it by email to: ccbcdefendants@hmcts.gsi.gov.uk

On the subject heading you put Claim No. xxxxx - Lowell -v- Gardner - DEFENCE :typing:

[gardner]

Re: Lowells - Welcome Finance - Court Letter

So today I received another rubbish letter from BCS. It goes like this...

We write further to your letter received at our civil office on 18th Sept, requesting disclosure under part31 of the civil procedure rules.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

It's the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records.

We confirm that our client is not agreeable to an extension for filing the defence.

As you will be aware a claim was issued in this matter on 18 august. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

We recommend you seek independent legal advice.

It's almost the exact same letter as the last one!!! And still nothing from lowell....

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

So today I received another rubbish letter from BCS. It goes like this...

We write further to your letter received at our civil office on 18th Sept, requesting disclosure under part31 of the civil procedure rules.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

It's the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records.

We confirm that our client is not agreeable to an extension for filing the defence.

As you will be aware a claim was issued in this matter on 18 august. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

We recommend you seek independent legal advice.

It's almost the exact same letter as the last one!!!

That's just his standard template which means zilch as he wouldn't know what the original creditor's policy would have been!

One to be filled under "C" :lol: :lol: :lol:

And still nothing from lowell....

That only works to your advantage. :tape: :tape2:

[gardner]

Re: Lowells - Welcome Finance - Court Letter

I'm about to email ccbcdefendants@hmcts.gsi.gov.uk - what do i need to tell them? is there a template?

Still nothing from Lowell - do i need to respond to BCS with anything at this point???

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

I'm about to email ccbcdefendants@hmcts.gsi.gov.uk - what do i need to tell them? is there a template?

What is the purpose of your email to the court? I didn't think Carter would have agreed to an extension, did he? :noidea:

Still nothing from Lowell - do i need to respond to BCS with anything at this point???

No, you've already done your bit. Now you'll just have to file the generic defence stating that you have not received the documents, whenever that's due (depending on whether you've got an extension agreed or not). :typing:

[gardner]

Re: Lowells - Welcome Finance - Court Letter

I was going to email that address as I've forgotten my log in to the online portal.

BCS said no to an extension and I think I may have missed the deadline 😕 but I'm going to file that I haven't had the requested documents... not sure what else to do???

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

I was going to email that address as I've forgotten my log in to the online portal.

Ah, your defence. In that case you'd put as the subject: CLAIM XXXXX - LOWELL -v- GARDNER - DEFENCE
http://www.legalbeagles.info/forums/...t-Court-Claims

BCS said no to an extension and I think I may have missed the deadline but I'm going to file that I haven't had the requested documents... not sure what else to do???

It would surprise me if he had agreed to an extension. I see you started posting about your claim on August 24th so it's a little over, however, the courts don't block you from filing a late defence, not as long as they haven't requested default judgment. ray:

You will find examples of generic defences based around not having received anything here: http://www.legalbeagles.info/forums/...t-Court-Claims