** DISCONTINUED ** B W LEGAL Claim Form

[nemesis45]

Re: B W LEGAL Claim Form

So Nem, do i send a statute barred letter too or can i add this into the CPR 31.14 ? What would be best do you think ? Thanks again

My personal view is o try and stop this going further as suggested in post 14 and to send the CPR31.14 request to the sols separately.

nem

[dicklett]

Re: B W LEGAL Claim Form

Nem apologies in advance. Do i send them at the same time, or should i send the CPU31.14 first and await a response and then send the SB letter. Does the SB go to BW or to Lowell ?... Also the CPR31.14 cannot be viewed as a written acknowledgment of the debt can it ? .. Thanks

[nemesis45]

Re: B W LEGAL Claim Form

Nem apologies in advance. Do i send them at the same time, or should i send the CPU31.14 first and await a response and then send the SB letter. Does the SB go to BW or to Lowell ?... Also the CPR31.14 cannot be viewed as a written acknowledgment of the debt can it ? .. Thanks

No problem send everything to BW legal jus a couple of days apart CPR first.

nem

[NWHC]

Re: B W LEGAL Claim Form

Knowing Royal Mail and the way these people process letters I would certainly use two envelopes and unfortunately two stamps , get at least proof of posting for both but you could post them on the same day. Wouldn't be unusual for them to arrive on separate days

[dicklett]

Re: B W LEGAL Claim Form

Hi BW have replied stating they will need to apply to the original creditor for the info I have requested in the CPR31.14 as they don't have it basically, they don't say how long this will take. My defense submission date is 9th April, could someone offer advice on my next move. I will now send them the SB letter, do u think that best? Many thanks again for your kind assist . Regards

[MIKE770]

Re: B W LEGAL Claim Form

stick to court time table they have not got info by then their problem, do not listen to them if they try and say on hold, the court rules have to followed not theirs.

[dicklett]

Re: B W LEGAL Claim Form

Hi, I'm back again, need some more help if anyone could.. my date for submitting my defence is approaching it being 9th April, as mentioned above i sent the CRP31.14 to BWL and i have sent them a statute barred letter to which I've not had a reply but they have received. They did reply to the initial CPR31.14 stating that they would need to apply to the original creditor for the info requested, still, as yet nothing has come back. I need to start preparing my defence and I'm not sure which way to do it. They have not come back to to dispute the statute barred letter. Do i submit my defence based on that they have not supplied the info requested in the CPR31.14 or do i base it on the debt being statute barred, either way they have not come forth with any info, or do i state both in my defence ? Could anyone point me to where i can find a layout for what i should include in my defence and how to lay it out, or do i just write it in letter format advising what i have done so far ?

Also, what happens next after i submit my defence ? I don't know what to expect ? Thank you for your time.

[dicklett]

Re: B W LEGAL Claim Form

I found this in another post which seems completely relevant, would this be sufficient ? Still would like to know what happens next, who i will receive contact from etc ?

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

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

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)(poss add in here how you reminded them, by letter dated XX/XX/XXXX or similar)

4. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.


Thanks

[Ripped-Off]

Re: B W LEGAL Claim Form

You could also have a look at this if you haven't already done so..

http://legalbeagles.info/forums/show...t-Court-Claims

[charitynjw]

Re: B W LEGAL Claim Form

You could also have a look at this if you haven't already done so..

http://legalbeagles.info/forums/show...t-Court-Claims

Adapt the defence template to suit your situation, dicklett.

You could post your version on this thread if you would like an opinion on it.

Lol! Crossed posts - I'll try again

[dicklett]

Re: B W LEGAL Claim Form

Thanks Ripped Off is there any part of this thats not relevant to a telecommunications account ? their court claim claims that its a telecoms agreement regulated under the consumer credit act 1974, but after reviewing this web site I'm led to believe telecoms don't fall under this so is there anything on that example defence that needs to come off or be replaced with something more appropriate ? ThanksEXAMPLE DEFENCE

-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

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

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my 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 [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] 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: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

[charitynjw]

Re: B W LEGAL Claim Form

Adapt the defence template to suit your situation, dicklett.

You could post your version on this thread if you would like an opinion on it.

Lol! Crossed posts - I'll try again

####

[Noah]

Re: B W LEGAL Claim Form

If you haven't sent a s77-79 request remove all mention. Add at the top about point 4 put in the part about statute barred, statute barred is an absolute defence

[charitynjw]

Re: B W LEGAL Claim Form

Thanks Ripped Off is there any part of this thats not relevant to a telecommunications account ? their court claim claims that its a telecoms agreement regulated under the consumer credit act 1974, but after reviewing this web site I'm led to believe telecoms don't fall under this so is there anything on that example defence that needs to come off or be replaced with something more appropriate ? Thanks

I believe @nemesis45 has already covered this - the court claim form PoC states that it is a CCA-regulated agreement.
How are we humble LIPs to know any different? :tinysmile_twink_t2:

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If you haven't sent a s77-79 request remove all mention. Add at the top about point 4 put in the part about statute barred, statute barred is an absolute defence

IMHO, I disagree .

[Noah]

Re: B W LEGAL Claim Form

Yes CPR 31.14 to the solicitors. IF a regulated agreement is mentioned in the particulars of claim make a CCA request to see what they come up with, see short cuts in the green box above.

You need a Postal Order for £1 for the statutory fee write" for statutory fee only " on it copy and keep the copy for your records.

nem

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

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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