Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Do you think they would just discontinue? I know if there is a stay it will be up in aire forever...

I doubt it, but it does sometimes occur.
As previously stated, I'd hold fire for the moment & see how this pans out.
If they can't produce documentation to evidence their claim, they will be on a sticky wicket.
You can always write & suggest that they discontinue but, if it were me, I'd do so only when I was certain of my position.

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi,

So today I received from BW Legal..

"We have received your request for documentation. We are unable to provide you with a copy agreement as your account was a telephone contract for services and not a regulated agreement. Accordingly your account will be placed on hold until the documentation you have requested has been provided which will be forwarded to you upon receipt. We will seek to ensure this is provided within a reasonable timescale however this is contingent on receiving the documentation from the original creditors etc etc."

So, they say on the poc that it is cca 1974 regulated agreement but now they say it isn't...
They have confirmed they have started legal proceedings without ownership of any documentation or knowledge of the original debt so what should be my next move.
I presume the statement that the account is on hold is a lie and the court claim will still continue.

I still need to write my defense so any help would be greatly appreciated.
Mx

[nemesis45]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi,

So today I received from BW Legal..

"We have received your request for documentation. We are unable to provide you with a copy agreement as your account was a telephone contract for services and not a regulated agreement. Accordingly your account will be placed on hold until the documentation you have requested has been provided which will be forwarded to you upon receipt. We will seek to ensure this is provided within a reasonable timescale however this is contingent on receiving the documentation from the original creditors etc etc."

So, they say on the poc that it is cca 1974 regulated agreement but now they say it isn't...
They have confirmed they have started legal proceedings without ownership of any documentation or knowledge of the original debt so what should be my next move.
I presume the statement that the account is on hold is a lie and the court claim will still continue.

I still need to write my defense so any help would be greatly appreciated.
Mx

Good afternoon,

This seems to be a trend with the pond life "solicitors " in the UK debt collection industry !

You are correct their " on hold " is meaningless.

When was the claim issued you have 28 days + 5 for service in which to file a defence once the claim has been acknowledged.

nem

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi the date on the court paperwork is 13.12.16.

[nemesis45]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi the date on the court paperwork is 13.12.16.

so once the claim was acknowledged you had 33 calendar days to submit a defence.

nem

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

I probably need to get writing my defense in that case. I've got a basic one based on non production of documents but given that the poc is also wrong should I put that in too???

[nemesis45]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

I probably need to get writing my defense in that case. I've got a basic one based on non production of documents but given that the poc is also wrong should I put that in too???

Yes most certainly use the incorrect POC.

To help there are template defences in the green box above for you to amend to suit your ase.

nem

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Would you mind taking a look once I've done it? I'm not totally sure how to reference the incorrect poc. Also, I sent cca request to Lowell which hasn't been responded to yet so should I wait for them to respond? They are the alleged owner of the debt.

[nemesis45]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Would you mind taking a look once I've done it? I'm not totally sure how to reference the incorrect poc. Also, I sent cca request to Lowell which hasn't been responded to yet so should I wait for them to respond? They are the alleged owner of the debt.

X. The claimants Particulars of claim states that the alleged debt from which this claim arises was an agreement that is regulated under the provisions of the Consumer Credit Act 1974 where as this is a Service Contract with a telecommunications provider.

Tag me [MENTION=55034]nemesis45[/MENTION] I will be around for a short time this evening until approx. 1800 hrs. and early tomorrow morning and I'll have a look at your defence.

nem

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Should I say "whereas the claimants state in recent communications that this a telecoms service contract "

[nemesis45]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Should I say "whereas the claimants state in recent communications that this a telecoms service contract "

Which ever you are most comfortable with.

nem

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi Everyone,

I've now compiled my defence so would be grateful if any of the site experts would have a look for me please?

I'm not sure if I should post it up on here 9minus dates, refs etc.)

Let me know what is best as I figure I should be filing pretty soon... Certainly by the first week of January.

To Summarise:

It's for Telephone Contract
POC Says under CCA 1974 but when I requested the contract they sent me a letter saying it is a Service agreement not regulated by CCA 1974 so either POC are wrong or they are lying.
No documentation of any kind has been sent to me under CPR 31.14 or under CCA Request.
They (BW Legal) have confirmed they had no paperwork at the time of issuing the claim.
No Statement off account.
No Default notice from anyone.
No Termination.
No assignment.

Thanks.

M.

[swansea jack]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

WOW.. good reading, I am having similar issues , did you file a defence , how did you get on..