** DISCONTINUED ** B W LEGAL Claim Form

[nemesis45]

Re: B W LEGAL Claim Form

Morning Nem, need further guidance,

As you know the particulars of claim on the claim form state that the sum owed is for a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and telefonica........

Previously i hadn't heard anything back ref the CCA request or the CPR31.14, I've emailed BWL to chase the CPR31.14 and reminded them of their obligation but nothing through yet.

Today i have received a letter and a £1 cheque refund from Lowell advising me : "Please find enclosed our refund cheque for £1.00 as this account is not governed by the provisions of the consumer credit act 1974, please be advised your account is being managed by BW Legal who will be in contact.

So what does this mean, the claim states my account is regulated by the CCA ? Have they fudged up ?

More like incompetence in my opinion, best now I think see what BWL are going to say.

nem

[dicklett]

Re: B W LEGAL Claim Form

Do you suggest I contact BWL ? Is the claim still valid ?

[nemesis45]

Re: B W LEGAL Claim Form

Do you suggest I contact BWL ? Is the claim still valid ?

To my mind no not at least until they apply to the court to change the POC.

nem

[dicklett]

Re: B W LEGAL Claim Form

To my mind no not at least until they apply to the court to change the POC.

nem

So, according to my records its statute barred, according to theirs so far the default date is 1/6/10, if they have to amend the poc then do they have to submit a new claim, if so and its raised after 1/6/16 will this by their records qualify as being SB ?... Even tho by my records it already is with no further evidence from them that it's not.

[dicklett]

Re: B W LEGAL Claim Form

Hi,

I am worrying about this a little bit even though i promised myself i wouldnt.....

Recap...

The POC on my claim form state that telefnoica are claiming for a mobile agreement thats regulated by the CCA 1974... I WOULD ALSO ADD THE WORDING STATES "the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been issued and not complied with"

In my defence i advised that i believe the debt to be statute barred, after checking with Telefonica they have confirmed that the last payment was November 2009 and there was no further contact/acknowldegement made after this, They registered the default date on my credit file as 1/6/2010. BWL replied to my SB letter advising that because the default date was 1/6/10 it wasn't statute barred but they haven't provided any further evidence to support this.

CCA Request Sent, CPR31.14 sent - Nothing received back for CPR31.14 - further email sent to them chasing for information.

DQ received, I have sent off the DQ .

Lowell responded with a £1 refund advising that this account isn't regulated by the CCA 1974 - despite their claim specifying it is and that i failed to meet payments under the terms of that agreement ???

I now don't know what to do next, do i just wait for the court to request paperwork prior to arranging a hearing or before that happens should i be writing to BWL again reminding them that the debt is statute barred and that they haven't provided any real info to tell me why its not , based on this they should pull their claim?

If i should be writing to BWL can you advise what content i should have in my letter and what i should leave out, don't want to shoot myself in the foot here.

Thank you, thank you thank you for your time and advice , always appreciated.

[dicklett]

Re: B W LEGAL Claim Form

H all, i wonder if anyone could steer me with some advice, many thanks.

[dicklett]

Re: B W LEGAL Claim Form

Thanks Sunnyside, feel reassured.

[dicklett]

Re: B W LEGAL Claim Form

Hi, as it currently stands, the claim was transferred to a local court on 10th June and as yet I've heard nothing else, does it usually take this long ?

[nemesis45]

Re: B W LEGAL Claim Form

Hi, as it currently stands, the claim was transferred to a local court on 10th June and as yet I've heard nothing else, does it usually take this long ?

Hello Dicklett.

It will depend on how busy your local court is there are backlogs in quite a few areas at present, there's nothing to stop you calling your local court to check on develpoments.

nem

[dicklett]

Re: B W LEGAL Claim Form

Hello all, it has been a number of weeks, i have now received further communication.

The court have sent me a letter....Notice of allocation to the small claims track (hearing)

The letter states that the judge considers the case is suitable for mediation under the courts free small claims mediation service. It goes in to tell me how to arrange a mediation meeting etc. It then goes on to tell me that Parties are to serve and file copy documents by 24th August.If this to the court or to lowell ? , and that the hearing date is set for 1st November 2016. A hearing fee is payable by the claimant, if they haven't paid it by 24th August then the case will be struck out. It then goes on to say that if you can't attend or do not attend write and tell the court at least 7 days before the date of the hearing, the judge will hear the case in your absence and take in to account your statement pop case and any other documents.

Sods law, i go on holiday and don't arrive home till mid November , so i will tell them this in writing. But what else do i send to them in the form of documents ? Do i just send to them my original defence and also add to it that Lowell have not sent any more info in relation to this despite written requests ?

Many thanks

[nemesis45]

Re: B W LEGAL Claim Form

Hello all, it has been a number of weeks, i have now received further communication.

The court have sent me a letter....Notice of allocation to the small claims track (hearing)

The letter states that the judge considers the case is suitable for mediation under the courts free small claims mediation service. It goes in to tell me how to arrange a mediation meeting etc. It then goes on to tell me that Parties are to serve and file copy documents by 24th August.If this to the court or to lowell ? , and that the hearing date is set for 1st November 2016. A hearing fee is payable by the claimant, if they haven't paid it by 24th August then the case will be struck out. It then goes on to say that if you can't attend or do not attend write and tell the court at least 7 days before the date of the hearing, the judge will hear the case in your absence and take in to account your statement pop case and any other documents.

Sods law, i go on holiday and don't arrive home till mid November , so i will tell them this in writing. But what else do i send to them in the form of documents ? Do i just send to them my original defence and also add to it that Lowell have not sent any more info in relation to this despite written requests ?

Many thanks

Good morning,

Standard court process.

Complete and serve as directed, you don't need to send anything at this stage, list clearly on the form the dates you are unavailable, doing so now will make it easier for the court to reallocate your case.

nem

[dicklett]

Re: B W LEGAL Claim Form

Good morning,

Standard court process.

Complete and serve as directed, you don't need to send anything at this stage, list clearly on the form the dates you are unavailable, doing so now will make it easier for the court to reallocate your case.

nem

Hi Nem, sorry, sounding thick, but really inexperienced, what am i completing ? i just have letter telling me to serve and file copy documents. I need to write and tell them what dates I'm unavailable but what else do i need to complete or send and to whom ? Its not really clear...

Cheers, as always appreciate it.

[nemesis45]

Re: B W LEGAL Claim Form

[QUOTE=dicklett;669709]Hi Nem, sorry, sounding thick, but really inexperienced, what am i completing ? i just have letter telling me to serve and file copy documents. I need to write and tell them what dates I'm unavailable but what else do i need to complete or send and to whom ? Its not really clear...

Cheers, as always appreciate it.[/QUOTE

Please post a copy of what you have received after removing your name and address and claim number. It is I think an Allocations Questionnaire?

nem

[dicklett]

Re: B W LEGAL Claim Form

Top left corner it states Notice of allocation to the small claims track (hearing)

Looks kind of like this http://s560.photobucket.com/user/Gam...sed-1.jpg.html

Mentions going through mediation first, then says

'Parties to serve and file copy documents by 24th Aug. Witness statements must be included in the document filed and served. This includes statements from both parties themselves if they are giving evidence.

The hearing of the claim will take place on XXXXX at the county court at XXXXXXXX and should take no longer than 1 hour.

A hearing free of £55 is payable by 24th Aug by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. The court must be informed immediately if the case is steeled by agreement before the hearing date. If by the 24th Aug you have not paid the hearing fee or applied for a few remission, your claim will be automatically struck out without order of the court and you will be liable for the costs which the defendant has incurred.

[nemesis45]

Re: B W LEGAL Claim Form

Top left corner it states Notice of allocation to the small claims track (hearing)

Looks kind of like this http://s560.photobucket.com/user/Gam...sed-1.jpg.html

Mentions going through mediation first, then says

'Parties to serve and file copy documents by 24th Aug. Witness statements must be included in the document filed and served. This includes statements from both parties themselves if they are giving evidence.

The hearing of the claim will take place on XXXXX at the county court at XXXXXXXX and should take no longer than 1 hour.

A hearing free of £55 is payable by 24th Aug by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. The court must be informed immediately if the case is steeled by agreement before the hearing date. If by the 24th Aug you have not paid the hearing fee or applied for a few remission, your claim will be automatically struck out without order of the court and you will be liable for the costs which the defendant has incurred.

OK you have to submit your witness statement and documentary evidence to support your defence.

The last part is the claimants obligations.

nem