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

[2719rt]

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

I really appreciate help understanding the extension M1, here is an update as to where I am at...

When I rang BW Legal the person dealing with it said she was unaware they received a CPR 31.14 request and said this had been an oversight, she tried to tell me that the CPR 31.14 was irrelevant and that I should file my defence without it.

I confirmed with her she received it on the 18th December. She said now it has been brought to her attention she will request the details from her Client and put my account 'on hold', she also pointed out it will take 7 days for her to hear from her Client. I asked her what putting the account on hold meant as I am only a week away from filing my defence, she said it means she needs time to contact her client and until then no further action will be taken. I questioned what this meant further but she just started talking about extending the time to file a defence to the full 28 days. She said this can be extended until the 31st January and that she felt this would give me enough time hear back from them and file a defence.

I think they are in the habit of giving say 14 days initially when they are asked for an extension of time rather than 28 days and then making out that they are doing us a favour by extending it further.

I ended up agreeing to the extension because she said that I should either submit my defence now without hearing back from her because she feels the 31.14 request isn't important - I did point out (using what was on the CPR 31 letter) that the case 'has not been allocated to a track for determination' - or be given more time to file my defence 'as this addressed my concerns' regarding not hearing back from them and the time left to file a defence.

I will use the extra time to make more phone calls, as this is something I failed to do last time and having now read more threads on this website I see that M1 suggests to ring up a few times to chase the matter. I am also of the opinion that the extension of time is for me not them, for me to file my defence and not to give them more time. But I felt that it would look unfair if I did not allow them more time after her saying that she was sorry there was an oversight and that nothing had been done regarding my request but that she would now contact her Client to request the information. I am new to this so I did not know how I would come across to a Judge if I didn't give them chance to comply. I wasn't sure what they were going to say to me when I rang up, I did expect them to do an extension because I had read of that happening before, but I was not expecting her to say that she was unaware of the CPR 31 request and that she needed to contact her Client so I really didn't know what was the correct thing to do. I had a quick think before I responded and my initial worry was that if I did not give them more time to contact their Client then if I did an unless order they would produce them then and I wouldn't have had the full benefit of knowing that they tried and failed to find them.

I think it will be more telling this way if they send the standard letter out saying that they do not have to comply with the CPR 31 request.

Have I made a huge mess of this now? I am very worried. I am sorry to anyone who has helped me if I have failed, the telephone calls are the thing I am worst at, they worry me the most because I fear they will use their knowledge to make me say or do the wrong thing.

Thanks to anyone willing to read all of this :ymca:

[mystery1]

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

I see where you are coming from. However make sure you don't leave it to the last minute because if they give you what you need you'll need more than 2/3 days to read it and then compile a defence or reconsider your options which may include settlement.

To say that they gave you a 14 day extension and then when that is nearly up say what letter just shows what sneaky slimey scum you are up against. Never ever trust them.

M1

[2719rt]

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

I agree M1 It shows a lot about how they operate.

I will be more active with the extra time now, Christmas and the New Year got in the way last time and I never expected them not to reply, so I just sat here stupidly waiting for a letter or something. I was quite shocked when she apologised and said there had been an oversight and she needed to contact her Client to request the information.

If they send a letter saying that they do not have to provide the documents (like I have seen them do so so many times, as as she said more than once on the phone) I need to research what the next step after this is as I am still not sure. Can an unless order still be done even after they tell me they don't have to provide them, or in that instance is another course of action taken?

Thank you.

[mystery1]

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

Of course. Just because they tell you something doesn't make it true.

M1

[2719rt]

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

I thought I would come on and just let people know where I am up to.

I phoned BW Legal on the 10th and they 'put the account on hold' as they acknowledged there has been an oversight and that nothing had been done with the letter they signed for on the 18th December. Ok, so this was annoying but I thought it best to give them time now they realise this letter needs a response. I expected to receive a letter on Monday 20th at the latest (allowing for the weekend and the fact my post appears to be slow at the moment). Monday came and went. Everyday I am just waiting for the letter but nothing ever comes!

Today I decided to e-mail the person dealing with my case (we have e-mailed before re to acknowledge extensions for the purpose of sending to the court etc). Was I right to e-mail? I prefer this over speaking with them, can someone confirm if this is suitable (Thank you!). I hope to hear from them today and I will post up the e-mails - again can someone tell me if this is the right thing to do am I allowed to post up my e-mail and their reply?

Many Thanks

[Amethyst]

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

Yes it is fine to email, I prefer that to phoning too as phoning I just end up in a pickle and agree to anything just to stop the conversation , and yes fine to post up your emails, just remove email addresses/reference numbers and detailed amounts etc (ie anything that can identify you).

Is your current extension till the 31st ?

[2719rt]

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

Thank you for your reply Amethyst. Yes the current date for filing a defence is the 31st. This is a full 28 day extension now and was given as she agreed that allowing the extension would give them time to respond (7 days) and time for me to file a defence (14 days) I mentioned many times I will need 14 days to file a defence and they agreed 'I can confirm due to delay with the paperwork I have extended the date until 31/01/2014 to allow sufficient time for the defence to be filed' (taken from an e-mail I received after speaking with them on the 10th January)

I am annoyed now that they have still not replied and have gone past the 14 days I would have liked to file a defence after hearing from them regarding the part 31.14 request.

[2719rt]

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

Please find below a copy of an e-mail I sent to them this morning. I have taken out any information that could identify me etc.

--

I am contacting you regarding a letter signed for on the 18^th December 2013 which was my CPR 31.14 request. The letter should have been replied to yet on the 10^thJanuary 2014 this still was not the case and I telephoned to chase the matter up.


When I spoke with you, you said there had been an oversight and that you had not yet dealt with the letter you acknowledge receiving, but that you would now do so. You informed me this will take 7 days. As there was only one week left to file my defence you agreed to an extension until the 31^st January as this would allow you the 7 days to respond and myself 14 days to file a defence.


The abovementioned telephone call was 12 days ago and I was expecting you to comply with the request and contact me on the 17^th January 2014, this would have allowed me 14 days to file my defence after hearing back from my CPR 31.14 request as we discussed.


As you are aware on 29^th November 2013 I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.


The letter you signed for on the 18^th December was to be as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:


• The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.


• The notice of assignment.


• The default notice, compliant with 87(1) of the Consumer Credit Act 1974.


Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. In fact you have not replied at all and have totally avoided compliance altogether.


You should have ensured compliance with your CPR 31 duties and ensured that the documents I have requested in my letter dated 16^th December 2013 and signed for on the 18^th December 2013 are copied to and received by me within 7 days of receiving the letter which you have failed to do twice.

I want to know why you have not responded to my request and why I have received no communication from you regarding this matter. I again find myself with very little time to file my defence and with no correspondence from yourself other than the Claim Form issued by you out of the Northampton County Court.


Unless you are able suggest a way of allowing me a reasonable amount of time to file my defence (which you acknowledge is important 'I can confirm due to delay with the paperwork I have extended the date until 31/01/2014 to allow sufficient time for the defence to be filed') after you have responded to my CPR 31.14 request, then I see no other option but to make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. This was expressed in the letter which you have now had for more than 35 days, a total of 5 weeks.


I feel like I was very understanding when you realised nothing had been done about my letter when I spoke to you on the 10th January, and we both allowed each other the relevant time needed, you the 7 days to respond and me the 14 days to file my defence. Thus, I am confused as to why I have not had a response and why I am now left with less than 14 days to file a defence.


I look forward to hearing back from you, so I can make a decision as to how I wish to proceed.

--

[mystery1]

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

make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

An order that you comply with your cpr duties or the claim be struck out.

You are giving yourself a severe handicap by not just applying now. There is nothing they can do to grant you extra time an application ofr an unless order and the court making it's own timetable as part of that is your best way.

M1

[2719rt]

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

"make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order."
This is what is said in the part 31.14 letter and It is where I feel I am at now. I agree I should be applying for an unless order, but when I spoke to them the fact there was an oversight meant I wanted to see what they would do with another 7 days after acknowledging to me that they will now deal with the letter. It turns out that they have again done nothing and have not replied within 7 days.

They have not complied with the part 31 request, I have e-mailed today for clarification from them as to why this is and it was an opportunity to reinforce that I am considering applying to the court for an order.

I don't know why I have it in my mind I should wait until Friday (just to give them time to reply to me) to apply to the court but it appears your advice, which is very needed, is that I shouldn't be waiting around for them to reply to my letters/e-mails. I would be so grateful for guidance when filling out the N224 form. I understand that it will cost £80 which can be paid over the telephone and then I e-mail the completed form. The filling out of the form is where I have no experience. I would also prefer the option on the form of 'without a hearing' does anyone know if this is suitable I have read it is an option but don't understand if it can be used. I would find it hard to take time off work and would be very anxious attending.

Thank you for yet another helpful post M1, I know no one has to help and yet there are so many people on here willing to give up their time. I really appreciate it especially now I am getting so worried with it all.

[2719rt]

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

I am trying to fill in the N224 form and write the witness statement etc. However, I have many questions and may need help if any one is willing to do so. One of the key questions I have is this:

The letter I sent to BW Legal (part 31.14 request) states this: make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order So my question is, when I make the order why isn't the order for the case to be struck out or stayed for non-compliance why is it an unless order as below:

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

OR are they one and the same re: "If the Claimant fails to comply with this order, the claim will be struck out without further order."

Suffice to say I have still not had a reply to my e-mail sent on Wednesday chasing the matter up. I e-mailed again today reinforcing that I will now be seeing an unless order.

I am very nervous, and unsure about how do do the unless order but I am using the thread previously mentioned to be as a template.

[mystery1]

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

when I make the order why isn't the order for the case to be struck out or stayed for non-compliance why is it an unless order as below

There is no sanction within cpr 31.14 or 31.15. You have no automatic rights to sanction under this rule. The best you can hope for without a court order is that they are not allowed to use them. It'd be just messy and not guaranteed.

With the unless order you have a clear sanction from which they would require relief if they fail to meet the deadline. In the current climate it is 99% that they would not get relief if the sanction was imposed.

• Copies of the Credit Agreement and any documents referred to within it , which the claimant seeks to rely upon
• Default Notice
• Notice of assignment.

It matters not for 31.14 whether it complies with anything. They mention it, you ask for it and nothing else matters for your request. The documents don't comply and you have an easy defence. An unless order is not your defence. (it might win you the case though)

M1

[2719rt]

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

Can you clarify what I should be telling BW Legal I am about to do ie. at the moment I am using the words from the letter sent to them. Should I use the words 'unless order'. Do I even need to tell them that I will be doing this?

Am I right in understanding from what you have said M1, that the terms use on the N224 form are:


The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

Am I also right in thinking the court I send this to is the Northampton County Court.

Can any one help clarify if I am OK to select 'without a hearing' and 'what level of Judge does your hearing need'

I'm making my way through the form now and also getting together the exhibits of e-mails sent etc.

Thank you as always M1 for your continued support.

[mystery1]

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

Can you clarify what I should be telling BW Legal I am about to do ie. at the moment I am using the words from the letter sent to them. Should I use the words 'unless order'. Do I even need to tell them that I will be doing this?

You don't NEED to but it is advised. You want to be seen to be reasonable.

Copies of the Credit Agreement and any documents referred to within it which the claimant seeks to rely upon
Default Notice
Notice of assignment



Doesn't matter for a 31.14 request whether it complies with anything as there is no prescribed form for 31.15. It is very handy if it doesn't comply with the cca but not for this point.

Am I also right in thinking the court I send this to is the Northampton County Court.

Yes.

Can any one help clarify if I am OK to select 'without a hearing' and 'what level of Judge does your hearing need'

I advise with hearing. You might need to make your arguments. One of the first of these i did the Judge without a hearing refused. The case is stayed and has been for ages because the defendant doesn't want to push it. Even shocked PT2537. Another case the defendant went with a hearing and it was granted without a hearing, go figure. The way i see it is that it is much harder for a judge to look you in the eye and do something perverse than simply to fill in a bit of paper.

District Judge.

M1

[2719rt]

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

Please find below a draft of my witness statement, for comments/suggestions. Many thanks in advance.

Witness Statement


1. I XXX of XXX being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 16th December 2013 I have sent to Claimant’s legal representative BW Legal a letter requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2).

4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to and signed for at the legal representative office in Leeds on 18th December 2013 (Exhibit 4).

5. Having not had a reply, on 24th December 2013, I called and spoke to the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO?) to check the status of my request. (NAME OF PERSON I SPOKE TO) agreed to extend the filing date till 17th January 2014 (Exhibit 5).

6. Since there was no clarity given as to the requested documents, I called again on 10th December 2013 and spoke to (NAME OF PERSON I SPOKE TO) for confirmation. XXX Informed me that there was an oversight and that nothing was done about my letter since they signed for it on the 18^th December 2013 (Exhibit 6).

7. On 10th December 2013, I e-mailed the Claimant’s legal representative BW Legal (NAME OF PERSON I SPOKE TO) to discuss extending the filing date till 31st January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents following the oversight in which nothing had been done with my request since they received it on 18^th December 2014. (NAME OF PERSON) replied acknowledging the delay with paperwork and extending the filing date till 31st January 2014.

8. Having had no reply I emailed (NAME OF PERSON) again on 22nd January 2014 (Exhibit 15) and 24th January 2014 for clarification on the requested documents. I received no replied to either of these e-mails.

9. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.

10. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

11. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

12. Statement of Truth:

I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:


NOTE: I am still organising my Exhibits so the numbers above are all wrong.