** DISCONTINUED ** B W LEGAL Claim Form

[charitynjw]

Re: B W LEGAL Claim Form

Hi Charity
I know nemesis asked the question but unless I am blind, which is possible , the point wasn't clarified therefore I couldn't tell if it did mention a regulated agreement and if it did was a s77-79 request sent.

I Am am happy to be corrected and flogged should I have missed it but you will need to join the queue

- - - Updated - - -

Well flog me about the regulated bit
was a s77-79 request sent?

surely it would be wrong to say you have sent a request when you haven't .

You our could of course send one tomorrow and say it's been sent and leave it at that

Lol!

dicklett hasn't clarified whether CCA regulated agreement/contract is mentioned on the PoC.

& my crystal ball is in for repair (due to an unforseen mishap!)

[nemesis45]

Re: B W LEGAL Claim Form

Lol!

dicklett hasn't clarified whether CCA regulated agreement/contract is mentioned on the PoC.

& my crystal ball is in for repair (due to an unforseen mishap!)

I would mention that a " regulated agreement " is mentioned in the POC, however the defendant does not recall ever signing such an agreement, or receiving a copy of any such agreement.
Leave in the hands of the claimant to explain the error (if there is an error) and let the judge decide on the merits of the claim.

nem

[dicklett]

Re: B W LEGAL Claim Form

Okay so its going to go like this....

1: I received the claim XXXXXXX from the Northampton County Court on March XX 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be fora Mobile Telecoms agreement which the claimant states is regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable The Defendant to properly assess his position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Telefonica UK Ltd to Lowell Portfolio on 30th November 2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Telefonica UK Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8. The Defendant has not acknowledged the debt in writing in the last six (6) years.

9. The Defendant has not paid any part of this debt in the last six (6) years.

10. The Defendant has reminded the Claimant in writing that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)

11. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act1980, Section 5

12. On the 9th March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to B W Legal. I requested The Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and formal demand .

13. B W Legalhas not sent any of these documents to me.

14. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Am i missing anything or have i put anything in thats not needed ? Many thanks, many many thanks.

[charitynjw]

Re: B W LEGAL Claim Form

Okay so its going to go like this....

1: I received the claim XXXXXXX from the Northampton County Court Business Centre on March XX 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be fora Mobile Telecoms agreement which the claimant states is regulated under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate information to enable The Defendant to properly assess his position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Telefonica UK Ltd to Lowell Portfolio on 30th November 2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Telefonica UK Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. The Defendant has not acknowledged the debt in writing in the last six (6) years.

9. The Defendant has not paid any part of this debt in the last six (6) years.

10. The Defendant has reminded the Claimant in writing that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)

11. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act1980, Section 5

12. On the 9th March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to B W Legal. I requested The Claimant provide copies of the Agreement, Default Notice, Notice of Assignment and formal demand .

13. B W Legalhas not sent any of these documents to me.

14. The Claimant has failed to comply with ss77-79 Consumer Credit Act 1974 and by virtue of ss77-79 Consumer Credit Act 1974 cannot enforce the agreement.

15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Am i missing anything or have i put anything in thats not needed ? Many thanks, many many thanks.

Hi dicklett

Just a few suggestions in red (but it's entirely up to you whether to put them in)

Double check your paperwork to make sure the claimant has stated that it's a CCA 1974 agreement.

It shouldn't be, but if they say so, if it were me I'd leave in the CCA request stuff, quoting ss77-79 (as they are the sections covering the various requests. I reckon that should cover all bases.

I haven't checked back - It was via CCBC, wasn't it?

[Noah]

Re: B W LEGAL Claim Form

Further to what charity has said. To me it sticks out like a sore thumb that you haven't mention when you sent the s77-79 request. That's fine if you have sent one and they have not had time to respond but imho lowers your credibility if you have not sent one. You may have mentioned this already, if so oops sorry

[dicklett]

Re: B W LEGAL Claim Form

Hi dicklett

Just a few suggestions in red (but it's entirely up to you whether to put them in)

Double check your paperwork to make sure the claimant has stated that it's a CCA 1974 agreement.

It shouldn't be, but if they say so, if it were me I'd leave in the CCA request stuff, quoting ss77-79 (as they are the sections covering the various requests. I reckon that should cover all bases.

I haven't checked back - It was via CCBC, wasn't it?

Hi Charity - the wording on the claim form states " .....monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and telefonica.....

[dicklett]

Re: B W LEGAL Claim Form

i am ready to submit and will post how i get on, what will happen next ?

[dicklett]

Re: B W LEGAL Claim Form

Good evening Beagles,

I submitted my defence through MCOL online, it states on there defence received. Can anyone tell me what happens next, do i just keep checking back on there for an update or will i receive something in writing ? How long does it usually take ?

Any advice much appreciated.

Thank you

[Noah]

Re: B W LEGAL Claim Form

The court will send your defence to the claimant who then has 28 days to respond. If they don't the claim will be stayed.

That doesn't mean it's over as they could still try to get the stay lifted if they come up with documents .

Time me to wait and see

[nemesis45]

Re: B W LEGAL Claim Form

Good evening Beagles,

I submitted my defence through MCOL online, it states on there defence received. Can anyone tell me what happens next, do i just keep checking back on there for an update or will i receive something in writing ? How long does it usually take ?

Any advice much appreciated.

Thank you

Good morning,

The process is as follows.

The court will pass a copy of your defence to the claimant, the claimant then has 28 days from the date it receives the defence to respond to it.

If for any reason the claimant cannot/ does not respond within the 28 days limit the court of its own volition will stay ( suspend) the claim, the claimant if they wish to continue the claim has to pay a fee to lift the stay.

You are not informed when the claim is stayed so it will be necessary for you to check with the court on the status of the claim if you do not get notice that the claimant is taking the claim forward or as withdrawn.

nem

[dicklett]

Re: B W LEGAL Claim Form

Thanks folks, perfect timing, today in the post came the letter you mentioned above advising they have 28 days to respond. If they don't respond in the time scale allowed and it is stayed, can it remain that way indefinitely.

My defence was that the debt was/is statute barred, can they only proceed with it if they prove otherwise to the court ? Can they proceed regardless ? How does that work ?

Thanks again, appreciate all your advice.

[NWHC]

Re: B W LEGAL Claim Form

Hi
The claim can stay stayed forever unless they discontinue or you get it struck out
They can proceed regardless of the validity of your defence but that doesn't mean they would win now does it

[nemesis45]

Re: B W LEGAL Claim Form

Thanks folks, perfect timing, today in the post came the letter you mentioned above advising they have 28 days to respond. If they don't respond in the time scale allowed and it is stayed, can it remain that way indefinitely.

My defence was that the debt was/is statute barred, can they only proceed with it if they prove otherwise to the court ? Can they proceed regardless ? How does that work ?

Thanks again, appreciate all your advice.

There will I suspect be much searching for a " mystery" one off payment a favourite of BW et al.
They will take the claim right to the wire in the hope you falter.

nem

[dicklett]

Re: B W LEGAL Claim Form

Good afternoon,

Today i have received a letter that reads.... we acknowledge your letter and the contents have been noted. Our client has instructed us that you breached your agreement with the original creditor on 1st June 2010. Our clients cause of action runs from the date of this breach. Accordingly our clients claim is not statute barred.

we are currently awaiting documentation which has been requested from your original creditor. we will try to provide these documents as soon as possible but this is contingent on receiving the documents from them within a reasonable timescale.

Yours blah blah

I have checked my credit file and it states that the default date was 1st June 2010.... with Lowell Portfolio.

I have done some digging with the creditor as i have a friend that works there, a payment plan was set up and a payment made in November 2009, the next payment due was December 2009 which didn't happen and no further payment or payment plan or contact was maintained following that.

Should i now wait for BWL to provide the info to prove that it is not statute barred or do i need to send off another letter to them ?

Many thanks again

[dicklett]

Re: B W LEGAL Claim Form

Hi...ref the above, do i sit and wait for them to produce documents to support or do i need to fire off more letters ? Should i write to OC and request the documents from them too ?