*** DISCONTINUED *** Letter Of Claim BW Legal

[Stu]

Re: Letter Of Claim BW Legal

Hi [MENTION=5553]charitynjw[/MENTION] I read it on this thread http://legalbeagles.info/forums/show...ht=#post651065 post #6 from Nem

[charitynjw]

Re: Letter Of Claim BW Legal

Ok stu

nem is right; 12 + 2 days is the deemed time, as the '2 days' cover CPR 6 document service requirements.

(This is the time deemed by law unless other evidence of actual delivery can be proven).

However, as Amethyst has pointed out, a day or two difference will not matter too much.

[Stu]

Re: Letter Of Claim BW Legal

Is it a new court process where they don't contact ourselves to acknowledge receipt of defence?? I'd not heard anything so today phoned the business centre and they stated all is as should be but we don't acknowledge receipt of the defence and I should just wait for the claimant's solicitors to make contact ...

[Stu]

Re: Letter Of Claim BW Legal

*Anybody*

Should I have received an acknowledgment for my defence from the court?

[nemesis45]

Re: Letter Of Claim BW Legal

*Anybody*

Should I have received an acknowledgment for my defence from the court?

I'm not aware of that change other defences have been acknowledged and confirmed as served on the claimant very recently.

Nothing much you can do until the claimant responds (they have 28 days) if you don't get a response you will have to phone the court Stu it may be that the court has stayed the claim because the claimant has not filed anything ( you are Not informed when this happens.

nem

nem

[Stu]

Re: Letter Of Claim BW Legal

Update...

I received a letter from BW Legal yesterday stating... "We write with reference to the above matter..
Our client intends to continue with the claim..
we have filed notice of our intentions to proceed with the court."

I have been keeping in touch with the court's myself over the last few days and as of yesterday the claim became stayed, have they missed their opportunity to respond without further charges to themselves ?...

What is my next move?

[MIKE770]

Re: Letter Of Claim BW Legal

If been stayed then they have to pay a fee to lift a stay!

[Stu]

Re: Letter Of Claim BW Legal

What is the cost of the fee... ?

Can I request now the claim be struck out! (Not sure of the process at this point)

[Amethyst]

Re: Letter Of Claim BW Legal

It may be they have just snuck in under the wire so I'd give it a bit and see what the court says.

[MIKE770]

Re: Letter Of Claim BW Legal

yes do not rush for now.

[Stu]

Re: Letter Of Claim BW Legal

It may be they have just snuck in under the wire so I'd give it a bit and see what the court says.

So it may not be stayed after all even though the court has said so...

[Stu]

Re: Letter Of Claim BW Legal

Well again today I have contacted the courts and the claim IS definatly stayed, and they have said they will have to make an application to lift the stay...

Could it still be as @Amethyst has said that this might not be the case? how long is best to wait to apply for a strikeout?

[nemesis45]

Re: Letter Of Claim BW Legal

Well again today I have contacted the courts and the claim IS definatly stayed, and they have said they will have to make an application to lift the stay...

Could it still be as @Amethyst has said that this might not be the case? how long is best to wait to apply for a strikeout?

Hello Stu,

Do you know the date the stay was put in place?

The claimant as said must pay a fee to lift the stay.

When you feel ready to do so send BW Legal something along the lines of.

BW Legal


Date:##

Ref: CC Claim No. : Status: Stayed on Date.

Sir/ Madam

I refer to the above mentioned claim issued on behalf of Lowell Portfolio 1 Ltd. on date:

It now appears that your client has no reasonable prospect of carrying this claim forward to a conclusion.

I now therefore suggest BW Legal refers the matter to its client advising that they should discontinue the claim in the interest of saving costs and court time.

Should Lowell Portfolio 1 Ltd decide not to discontinue the claim I will make application to the court for the claim to be struck and the costs of the application to be paid by Lowell.

A prompt response would be appreciated.

Yours etc.

Send by signed for post check delivery date and signature.

nem

[Stu]

Re: Letter Of Claim BW Legal

Hello Stu,

Do you know the date the stay was put in place?

The claimant as said must pay a fee to lift the stay.

When you feel ready to do so send BW Legal something along the lines of.

BW Legal


Date:##

Ref: CC Claim No. : Status: Stayed on Date.

Sir/ Madam

I refer to the above mentioned claim issued on behalf of Lowell Portfolio 1 Ltd. on date:

It now appears that your client has no reasonable prospect of carrying this claim forward to a conclusion.

I now therefore suggest BW Legal refers the matter to its client advising that they should discontinue the claim in the interest of saving costs and court time.

Should Lowell Portfolio 1 Ltd decide not to discontinue the claim I will make application to the court for the claim to be struck and the costs of the application to be paid by Lowell.

A prompt response would be appreciated.

Yours etc.

Send by signed for post check delivery date and signature.

nem

Hi [MENTION=42011]Nem[/MENTION] the stay was put in place on Monday the 4th..

That response sounds brilliant nem I'll get on that today and sent recorded first thing in morning...

[Stu]

Re: Letter Of Claim BW Legal

Does MCOL update its system to show the claim is Stayed people??