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

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  • #76
    Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

    Yes. That makes complete sense!
    Thank you!

    Comment


    • #77
      Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

      Hi, I'm back to give an update.

      Obviously, as you know, I sent an unless order to the courts on 27th January. On the 13th of February I heard back:

      Before Deputy District Judge XX sitting at Northampton (CCBC) County Court, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH on 6/2/14

      It is ordered that:
      The Claimant shall provide the Dependent with a copy of the copy of the agreement, a copy of the default notice and a copy of the assignment dated 26/2/10 by 4pm on 28/3/14 failing which the claim shall stand struck out.
      Upon the Claimant complying with paragraph 1 above the Defendant shall file and serve a Defence within 28 days of such compliance.
      The Claimant do pay the Defendant's costs of this applications to be assessed if not agreed.

      --------
      The order was made without a hearing and CPR Part 3 gave the Claimant 7 days to set aside or vary the order, which they did not do.
      ---------

      So I have heard nothing back from the court or the claimant since this. We are now at the 28th and my post has arrived with no letters from the court or claimant. As well as coming back to keep the thread updated I am using my half a day off to get my head around what the next steps might be. From what I understand I should now wait a few days just in case Royal Mail are slow with delivery so will reassess the situation from say Wednesday 2nd. Is this enough time?

      If nothing arrives am I right in thinking that I should contact the court to check with them that they have not received anything? After this I am then unsure what happens. If the claimant has not complied with the unless order do I have to write to the court or will the court already be aware of this? If I can use today to plan ahead I will be better prepared, I hope this does not look like I am pre-empting the situation but I just need to use the time I have now to ask a few questions as get a sense of what could lie ahead, it is easy to understand what happens if they comply but I don't know anything about the process of what happens if they do not.

      I hope everyone is well, thank you again for all your help.

      Comment


      • #78
        Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

        personally I would ring them Monday when they open and double check if they complied - if not ask to bring to the attention of the judge?> others I am sure will also advise.

        Comment


        • #79
          Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

          I see, so it would be a case of asking the Judge to take note that they have not complied and then the Judge will do something bringing it to an end? I assume as it has been at every stage that the Claimant would even then get a 7 day period (or similar, purely guessing at the moment) to say they are not happy with the judge saying they haven't complied.

          Its amazing how much time is wasted on each stage. I received this Claim Form in November :s

          Thanks Mike770!

          Comment


          • #80
            Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

            The claim should be struck out, and yes, they have time to complain about it and ask for 'relief from sanctions' but courts are being much tougher on these things now. Anyway not quite there yet so yes give it a couple days then check with court xx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #81
              Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

              Will do Amethyst, just checking how many days to leave it and what should be said when I ring up/process. I think I understand it now. As always, great help by coming on here.

              Ill keep the thread updated if there is any news.

              Comment


              • #82
                Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

                Back to give an update. I spoke with the Court and they have not had anything from BW Legal either they said that on the 31st this was noted that 'the Claimant hadn't fulfilled their obligation and this was printed on the 31st to be given to the Judge'. They said that they are currently working at a 7-10 day backlog, so on the 31st it was printed and added to the workload and it will take a further 7-10 days to get in front of a Judge to be struck out.

                Hope to be back with more news soon.

                Comment


                • #83
                  Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

                  Okeydokey, well fingers crossed then xx
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #84
                    Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

                    Hi. As you can see from my last time on here I had rang the court up to get an update when the date on the application had just passed. The court said there was a backlog and that they hadn't received anything by the date on the application from the Claimant. I was told it would be in front of a judge 7/10 days later. I guess I was waiting to hear something a few days after a judge looked at it again but I didn't so I rang up today as I realised it has been a month since that date the judge gave the claimant on the application I made. I was told the claim was struck out and that I wouldn't get anything in the post to confirm this - which is what I was waiting for for the last two weeks.

                    Is this right? I was expecting a letter so that I could then move on to something like thinking about claiming the application fee back etc but after speaking with them it doesn't seem like this is what happens. So do I just take it upon myself now to decide to claim the application fee back?

                    Hope everyone is well, and thanks for all your help!

                    Comment


                    • #85
                      Re: Claim Form Received - BW Legal / Lowell / Littlewoods - Help Needed

                      Initially just send the claimant your costs and ask them to pay as per the judges order. Give them a week or so. They'll probably pay unless you want millions.

                      M1

                      Comment


                      • #86
                        Re: Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

                        Thanks M1, couldn't have got to this stage without all your help.

                        With regards to the costs, can you point me in the direction of any info on the format of the letter I should send them and what I can claim for. The only information I seem to come across is that £18 is the fee per hour for the time I spent? :beagle:

                        Comment


                        • #87
                          Re: Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

                          Well £18 an hour is correct. Everything else is basically what you spent. Postage, photocopies (try 10p per page), phone calls, application costs etc

                          No format really. Mention the judges order and cpr 44 http://www.justice.gov.uk/courts/pro...es-about-costs

                          Don't forget it's not just the application and associated costs but everything so, considering and responding to the claim form etc etc.

                          M1

                          Comment


                          • #88
                            Re: Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

                            Great M1, I'll try and get something together and will be back with update/for help :tongue2:

                            Comment


                            • #89
                              Re: Claim Form Received - BW Legal / Lowell / Littlewoods - STRUCK OUT !!

                              Nice work 2179rt (interesting screen name!)

                              Make sure you get every last penny

                              Comment

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