Bw legal/ lowell

[Mousey 66]

Re: Bw legal/ lowell

Would that be 33 from the 13th May?

[MIKE770]

Re: Bw legal/ lowell

serve a copy to DW dated 16th May i the court states so from then ,, if nothing , leave a couple of days then ring court and as state of the case i.e. stayed ??

[Mousey 66]

Re: Bw legal/ lowell

As I received the letter from BW yesterday stating that they intend to proceed will the court have got that also?

[charitynjw]

Re: Bw legal/ lowell

Maybe, maybe not.
Intent is a different animal to actually doing so.
The only source of info that you definitely need to act on is the court.
You could phone the court on Monday for an update.

[Mousey 66]

Re: Bw legal/ lowell

Why send me the letter saying they intend to continue with it in court? Is it because they hope I'll pay them if I still have the threat of it hanging over me?

[MIKE770]

Re: Bw legal/ lowell

have to rung the court??

[Mousey 66]

Re: Bw legal/ lowell

I can't today I'm at work will tomorrow though. I just don't understand why they sent me the letter on Saturday when they've already told me it's gone to court?

[MIKE770]

Re: Bw legal/ lowell

possibe incompetance as in time we found out about a lot of these office wonders who press the wrong button/attempt to intimidate consumers threatograms is the main weapon, and the likes of the Tories and their paymasters DCAs / commerce let them get away with it until something drastic happens they will continue to milk you and the system, ring the court anyway.

[Mousey 66]

Re: Bw legal/ lowell

I thought it could be something along those lines as I don't see the point in them sending it otherwise? Will ring tomorrow then.

[Mousey 66]

Re: Bw legal/ lowell

Just rang court there is a stay on the claim and they are waiting to hear from BW to see how they want to proceed.

[Amethyst]

Re: Bw legal/ lowell

They may hear from BW in the next few days so just keep everything together and really it's a case of wait and see for a couple of weeks. If it goes beyond a few weeks you can consider applying to strike out the claim, but tbh it could just be the court are running a backlog or BW have replied a couple days late.

[Mousey 66]

Re: Bw legal/ lowell

Would they not have to pay to have the stay lifted now? I thought after 28 days and when stayed they had to pay?

[Diana M]

Re: Bw legal/ lowell

Just rang court there is a stay on the claim and they are waiting to hear from BW to see how they want to proceed.

Maybe it's best to keep your head down. Any attempt to strike out the claim may open a can of worms if the Claimant decides to contest your application. If that happened the case would be transferred to your local county court for a hearing. If you didn't win your application (to strike out the claim) you may be saddled with their legal costs.

The claim is in the region of £500 so with any luck Lowells may take the view that it's not worth pursuing it for commercial reasons.

If Lowells decide to proceed the next step would be a Directions Questionnaire where you would have the option to tick the 'YES' box for free telephone Mediation where you can settle this without the need to go to court.

This debt has an awkward past where you say your ex husband opened the account and made purchases which were delivered to his home without your knowledge. Maybe stay under the radar for as long as it takes.

a shop direct account my ex husband took out in my name in 2012. He did this on his computer at the time and since we've split up has had goods delivered to where he moved to. I have also moved from where we lived then and I have had letters demanding payment as they found where I am now. He said he would pay it but never has and consequently I've ended up with court papers.

Di

[Mousey 66]

Re: Bw legal/ lowell

Thanks for your reply Di, they would have to pay to lift the stay now though due to the time elapsed since I submitted my defence?

[Diana M]

Re: Bw legal/ lowell

Thanks for your reply Di, they would have to pay to lift the stay now though due to the time elapsed since I submitted my defence?

Yes they would - assuming it really is stayed and not a situation where the court has not yet dealt with the backlog of paperwork which needs to be added to the system.

You may need to hold your breath a few days longer.

Di