Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

[Gorang]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Did you get a conformation of the extension from BW

If you did then did you forward that email to the court??

What exactly did the conformation email from BW say??

If you haven't got a conformation email from BW then you will NOT get the extension as BOTH parties need to agree and the court needs to SEE that both parties have agreed

BW are starting a trend here with only giving 14 days

28 day extension is for YOU not them
7 days for them to come up with the goods and 21 days for you to compile your defence

BUT

They are entitled NOT to give the extension if they want, but if they don't then they are being STUPID IMHO as they will just end up with an application for them to be forced to come up with the goods, or else be struck out

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Hi Gordon,

Yes I asked for them to e-mail me a confirmation of the extension in which they stated I have until 17th January. I then forwarded this to the court (using an example I found on another thread).

I do have a question, if they do not supply the documents I have requested is it possible to get a further extension or does the court only allow one extension? I just have a feeling that with the post as it is and the bank holidays If I do receive the papers I requested it may come very close to the 17th which will not allow me a lot of time.

I am still to find a thread where them not sending the documents has resulted in the case being dropped, does any one have any examples I might not have seen. I am just interested in researching as many situations as possible so I can understand it better.

Thanks!

[Gorang]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Yes I asked for them to e-mail me a confirmation of the extension in which they stated I have until 17th January. I then forwarded this to the court (using an example I found on another thread).

Good

I do have a question, if they do not supply the documents I have requested is it possible to get a further extension or does the court only allow one extension? I just have a feeling that with the post as it is and the bank holidays If I do receive the papers I requested it may come very close to the 17th which will not allow me a lot of time.

No you only get one extension

If they don't supply the docs just after the new year then when it is coming close to the 17th ie the 12th, then we need to look at making an application to the court along the lines of, for them to be forced to comply or the claim be struck out

if they have not came through with the docs by say the 8th or 9th Jan then post back and we can look at all of your options with regards to making an application to the court

I am still to find a thread where them not sending the documents has resulted in the case being dropped, does any one have any examples I might not have seen. I am just interested in researching as many situations as possible so I can understand it better.

It will be just a case of looking back old threads unless anyone knows of one to post up for you, I unfortunately have not read any of the older threads so don't have any at hand to post up for you, as all the cases I have been posting on are all on going just now sorry

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

I'm a bit more conservative than Gordon. I'd do it with 10/12 days to spare.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Hello again.

It is now the 8th of January and I have received no letters back from BW Legal or Littlewoods. The last time I spoke to them was to ask for an extension of which they gave me until the 17th to file my defence and they confirmed that they signed for the letter I sent them on the 18th December.

I am really worrying now as to what I should do. They are not complying with the letters I sent them. I need to know what I should be doing now that I only have a week to sort out my defence and have no information from them regarding the requests I have sent.

Should I e-mail them/write to them or phone them, and what should I be saying now regarding their no compliance.

I would really welcome advice on this. Many thanks.

[Streetwise]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Hello again.

It is now the 8th of January and I have received no letters back from BW Legal or Littlewoods. The last time I spoke to them was to ask for an extension of which they gave me until the 17th to file my defence and they confirmed that they signed for the letter I sent them on the 18th December.

I am really worrying now as to what I should do. They are not complying with the letters I sent them. I need to know what I should be doing now that I only have a week to sort out my defence and have no information from them regarding the requests I have sent.

Should I e-mail them/write to them or phone them, and what should I be saying now regarding their no compliance.

I would really welcome advice on this. Many thanks.

Time to make an application to the court for an unless order.

[CleverClogs]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

They've done this sort of thing so often that the claimant really ought to be declared a vexatious litigant.

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

I don't fully understand the unless order I think I read once that it costs me money to do? Can any one tell me more and explain what my next steps should be. I am really new to this and need as much guidance as possible.

Ill go and do some reading up on Unless Orders. Thanks for all your comments.

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

I don't fully understand the unless order I think I read once that it costs me money to do? Can any one tell me more and explain what my next steps should be. I am really new to this and need as much guidance as possible.

Ill go and do some reading up on Unless Orders. Thanks for all your comments.

There is a fee, unless you are exempt. http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

The order is an order that they comply with the rules or their case is struck out.

It should not fail but if it does there are potential costs too. This also allows you to reclaim any fees etc too if you win.

You should have been phoning them regularly to ask where and when you will get the documents. If not do so now.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Thanks M1

I want to ring them to chase them up but I am very worried about saying the wrong thing to them. Would it be possible for someone who give me some pointers as to what to say so that I don't sound clueless when I speak to them. Im currently thinking I say that they 'have not complied with the CPR and CCA requests sent to them'... but do not know what I am then allowed to say, do I tell them they need to comply and ask when they think they will do so by, and point out I have less than a week to file my defence which isn't enough time as a non-legal person. Sorry I just don't want to get anything wrong so if anyone has been through something similar I would love to gain pointers of what I should say so that I sound like I know what I am doing.

Thanks

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

The cca request isn't relevant. that's for a defence.

Just ask them when they will supply the documents you sought under 31.14 and 31.15. The only other thing you need to say is that if they haven't sent them is that you will be applying to the court to make them and you'll be seeking costs.

M1

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Thanks again M1,

I am preparing to ring them now just making a few notes so I do not forget anything. I will post here later any updates.

Say for example if I submit an unless order tomorrow, how does that affect me for filing my defence on the 17th, will I still need to file one or will the unless order change anything?

Am I right in thinking that the unless order is made via a N244 form? having looked at one I find it hard to understand what to put in many of the boxes (for example how long will the hearing last, give details of the fixed trial date)

I hope I am not asking too much, I am trying to research myself but it is always a relief to have some advice from people who have been through similar etc.

Many thanks x

[Streetwise]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Thanks again M1,

I am preparing to ring them now just making a few notes so I do not forget anything. I will post here later any updates.

Say for example if I submit an unless order tomorrow, how does that affect me for filing my defence on the 17th, will I still need to file one or will the unless order change anything?

Am I right in thinking that the unless order is made via a N244 form? having looked at one I find it hard to understand what to put in many of the boxes (for example how long will the hearing last, give details of the fixed trial date)

I hope I am not asking too much, I am trying to research myself but it is always a relief to have some advice from people who have been through similar etc.

Many thanks x

In the section you have your thread in M1 is helping someone else there,thread ( very worried IND/HEGGARTY ) page 3 off that thread should give you some guidance.

[2719rt]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

Thank you streetwise, it is a very useful thread for me to see.

I am often reading different views on if the date for filing a defence can be extended more than once, I have seen it crop up in a few threads now. Am I right in thinking that it can only be extended once. I think that is answer to the majority of what I have seen. I am just wondering if they will try and extend again today (as they did in the thread mentioned above) when I ring them up and just wanted to prepare something to say if they do.

[mystery1]

Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

If you make an application then do not enter a defence. A judge will issue a new timescale for this.

As for an extension.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.


It does not say only once. I erroneously had thought it said "an extension" and previously thought it was one only. As you can see it only says upto 28 days. So i guess in theory you can have 2 x 14 days. However if the first 14 days is running short and they still haven't produced any documents what is the point in another 14 days ? The extension is for the filing of a defence not for finding documents. Any defendant who leaves only 2/3 days for themselves to file a defence is making life very difficult. The initial period for filing a defence is 14 days with an extra 14 if you file AOS so if the rule makers think it rakes this long why would you allow the claimant to give you less ? http://www.justice.gov.uk/courts/pro...es/part15#15.4

So technically it may be possible to have multiple extension which total upto 28 days but in reality i'd say the situation says that you shouldn't allow it. If the claimant won't do 28 days right away then you should use the rules slightly quicker than if you had 28 days.

M1