** DISCONTINUED ** B W LEGAL Claim Form

[nemesis45]

Re: B W LEGAL Claim Form

Thanks D,

Have you sent a CCA request for this " Regulated " agreement?

nem

- - - Updated - - -

Thanks D,

Have you sent a CCA request for this " Regulated " agreement?

nem

[dicklett]

Re: B W LEGAL Claim Form

No i sent a CPR31.14 and a statute barred letter to BWL, i wasn't clear on the CCA as some people said phones aren't covered. I read further into and apparently more modern phone contracts where you pat an amount for the phone and an amount for the service do form a cc as your effectively taking out a loan to cover the phone, but this wasn't one of those. Is that what i should do then, who do i send that to ? Its BWL who have said there was a credit agreement in place do i send it to them swell as the info I've requested in the CPR ? Cheers

[nemesis45]

Re: B W LEGAL Claim Form

No i sent a CPR31.14 and a statute barred letter to BWL, i wasn't clear on the CCA as some people said phones aren't covered. I read further into and apparently more modern phone contracts where you pat an amount for the phone and an amount for the service do form a cc as your effectively taking out a loan to cover the phone, but this wasn't one of those. Is that what i should do then, who do i send that to ? Its BWL who have said there was a credit agreement in place do i send it to them swell as the info I've requested in the CPR ? Cheers

The claimant states that the alleged debt arises from a CCA 1974 regulated agreement so you have a right to ask for it, personally I would send a request tomorrow. Short e-mail to sols saying you have contacted their client for information as BWL has failed to comply with CPR request.

Play their silly games! The CCA could very well be pivotal in this claim.

nem

[dicklett]

Re: B W LEGAL Claim Form

So CCA request to Telefonica and an email to BWL telling them i have sent the CCA request to telefonica as they, BWL couldn't provide the info from the CPR ?

[nemesis45]

Re: B W LEGAL Claim Form

So CCA request to Telefonica and an email to BWL telling them i have sent the CCA request to telefonica as they, BWL couldn't provide the info from the CPR ?

CCA to Lowell as they are the claimant. Just say to BWL that as they have failed to comply with CPR31.14 you are seeking information from their client.
nem

[dicklett]

Re: B W LEGAL Claim Form

Nem... thanks for your time. Really do appreciate your help.

[charitynjw]

Re: B W LEGAL Claim Form

The claimant states that the alleged debt arises from a CCA 1974 regulated agreement so you have a right to ask for it, personally I would send a request tomorrow. Short e-mail to sols saying you have contacted their client for information as BWL has failed to comply with CPR request.

Play their silly games! The CCA could very well be pivotal in this claim.

nem

So CCA request to Telefonica and an email to BWL telling them i have sent the CCA request to telefonica as they, BWL couldn't provide the info from the CPR ?

Telefonica aren't taking you to court, dicklett, Lowell are.

So CCA request to Lowells (as per the name/address on the court claim form), & copy BWL in for info.
Send SignedFor post, with a £1 PO marked 'Statutory purposes only' (with Lowell's copy only, not BWL's).

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

Lol! X-post with nem (but singing from the same hymn book):tinysmile_twink_t2:

Apt - it is Sunday morning, after all!

[dicklett]

Re: B W LEGAL Claim Form

well so far, no response from BWL apart from an automated reply, nor Lowell, however their 12 days isn't up yet.

I keep checking MCO online but the last status on there is defence submitted, i take it that if BWL proceed then that will be updated ?

[dicklett]

Re: B W LEGAL Claim Form

Hi Folks, after submitting my defence on 9th April, received and processed by the court on 11th April, i got a letter back from the court advising that a copy is being served on the claimant. It then goes on to say that the claimant may contact to resolve...however i have had no contact. It then says where the claimant wishes to proceed the claimant must contact the courts within 28 days after receiving a copy of my defence , after that time then the claim will be stayed.

When can i assume the 28 days run from, would the courts notify the claimant through MCOL on the same day that they received my defence ? If thats the case then the 28 days is up on Monday.... or could it be later ? If the claim is stayed is it likely that they will apply to the court to get it lifted for a small claim amount of £441.

Despite sending out a CPR31.14 and a CCA request i have still not received anything back from either party. They responded to the CPR31.14 to advise they had applied to the original creditor for the information , i also sent the CCA request afterwards to Lowell, they have cashed the £1 postal order, as yet I've had nothing back, the 12 days for that expires tomorrow.

Should i be doing anything else now ?

Thanks very much

[nemesis45]

Re: B W LEGAL Claim Form

Hi,

The process is: The court serves a copy of your defence on the claimant, the claimant the has 28 days from the date they receive the defence to respond. If the claimant does not respond the court will stay the claim.
You will not be informed IF this happens so if you hear nothing from the claimant or the court before the 28 days have passed you have to check with the court to see if the claim has been stayed.

The actual time allowed re the defence is 28 days + 5 for service upon the claimant.

The CCA time scale is 12 + 2 Working Days, ( so Hols and weekends don't count.)
Impossible to guess what the claimant may instruct their solicitors to do if by any chance they can obtain the agreement etc.

nem

[dicklett]

Re: B W LEGAL Claim Form

Thanks Nem, do the courts not update MCOL does it not show on there if its been stayed ?

If the claimant decide to run with the claim though i will receive some sort of notification won't i ?

Cheers

[nemesis45]

Re: B W LEGAL Claim Form

Thanks Nem, do the courts not update MCOL does it not show on there if its been stayed ?

If th claimant decide to run with the claim though i will receive some sort of notification won't i ?

Cheers

Normally a claimant will notify the defendant that they intend to go ahead with a claim.

It's best to check with the court MCOL may not be up to date.

nem

[dicklett]

Re: B W LEGAL Claim Form

Nem, can it still go to court without them providing the info I've asked for ?

[Stu]

Re: B W LEGAL Claim Form

It cannot be enforced without the paperwork needed but can still get to court but I very much doubt they would go all that way, pay all the fees knowing fine well they couldn't win and the courts would be none to happy either ...

[nemesis45]

Re: B W LEGAL Claim Form

Nem, can it still go to court without them providing the info I've asked for ?

.

As stu says above they could try but it's very unlikely, the likelihood is the claim will be stayed if they cannot meet the response deadline.

nem