*** WON *** Lowell/BW Legal

[Rfgillon]

Hello. I was wondering if anyone can help? I received a letter from BW Legal to advise they would be submitting a CCJ against me for a Shop Direct account.
I submitted my Acknowledgement of Service, and CCA request. I then submitted my defence. I didn't receive the paperwork, and had thought that this would now be stayed, however I received a letter today to confirm that they were proceeding. Not sure what I can now go?

[Stu]

Re: Lowell/BW Legal

You will soon receive a directions questionnaire from the court, once filled in send a copy to the claimants solicitors and one to the court...

You mentioned the AOS and CCA but did you send a CPR request for documents mentioned in the particulars of claim?

[Rfgillon]

Re: Lowell/BW Legal

You will soon receive a directions questionnaire from the court, once filled in send a copy to the claimants solicitors and one to the court...

You mentioned the AOS and CCA but did you send a CPR request for documents mentioned in the particulars of claim?

I have sent CPR-31.14 request on 14/06, and a CCA request on 14/06. All I got back was there standard letter advising that this had been passed onto their client. I haven't received any further paperwork, so I sent a CPR18 Preliminary Request on 08/08. But I am really unsure if that was now correct

[Stu]

Re: Lowell/BW Legal

It won't harm anything I wouldn't have thought.... wait for your DQ that's your next step.

[Rfgillon]

Re: Lowell/BW Legal

Well, my DQ came today, and the deadline to file (26/08). However, the CPR18 deadline is 22/08. Should I file my DQ anyway, before I potentially submit an Unless application?

- - - Updated - - -

Well, my DQ came today, and the deadline to file (26/08). However, the CPR18 deadline is 22/08. Should I file my DQ anyway, before I potentially submit an Unless application?

[Rfgillon]

Re: Lowell/BW Legal

Hi @Stu It appears the plot thickens! I today received a letter from BW legal, which says it has included my statement of Account and Notice of assignment. However the address on both of these is a place I haven't lived at in over 10 years, and certainly not from the date they say the debt was acrued! They have not included the CCA etc, but their letter does offer a 20% discount on the o/s balance. Is this good for me (the letters in the wrong address)?

[Stu]

Re: Lowell/BW Legal

I'm not sure on the address' but look at it this way they are trying to show you they have paperwork to back their claim but still offer a discount... Mmm

Did you file your directions questionnaire ?

[Rfgillon]

Re: Lowell/BW Legal

Hi @Stu
so sorry I've not posted, but I've been ill with some mental health issues (I have Bi-polar and have had one of my Dark phases)
To catch-up:
i submitted an N244 application to dismiss, as I hadn't received the docs back from BW Legal/Lowell, and also my Directions Questionnaire, and selected "Mediation". CCBC rang 12/09 me to set up mediation, but when I advised them that I was still outstanding documents they said they'd advise the courts of this. The courts then. said (16/09) they couldn't YET process my application as it has been passed for listing. I've heard nothing since....
do I now just wait? Should I chase the courts about my application?

[Rfgillon]

Re: Lowell/BW Legal

Hi [MENTION=69750]Stu[/MENTION]. So, the case is currently waiting for listing. Is there any recommendations for me to be preparing?

[Stu]

Re: Lowell/BW Legal

Did you receive anything from the claimant ?

Give the courts a ring see the status on their side.

[Rfgillon]

Re: Lowell/BW Legal

It's been a bit of a pickle! I hadn't heard anything since submitting my DQ. As they have never sent me paperwork that was requested, I submitted an N244 application to strike out/stay the claim due to non-compliance. Heard nothing. Chanced it with CCBC who advised that they had passed it to Coventry. Chased Coventry who firstly said they couldn't locate the file. Then when the did locate it, and issued a General Directions Order that "the application to lift the stay must be heard on notice to the claimant" and that I need to pay a fee of £155. Spoke to the courts again, they confirmed that it was never stayed! I emailed them last week for clarification of the order, but have now just been told that it's waiting in a hearing date. No idea what is going on, and can't seem to get any straight answers :-(

- - - Updated - - -

It's been a bit of a pickle! I hadn't heard anything since submitting my DQ. As they have never sent me paperwork that was requested, I submitted an N244 application to strike out/stay the claim due to non-compliance. Heard nothing. Chanced it with CCBC who advised that they had passed it to Coventry. Chased Coventry who firstly said they couldn't locate the file. Then when the did locate it, and issued a General Directions Order that "the application to lift the stay must be heard on notice to the claimant" and that I need to pay a fee of £155. Spoke to the courts again, they confirmed that it was never stayed! I emailed them last week for clarification of the order, but have now just been told that it's waiting in a hearing date. No idea what is going on, and can't seem to get any straight answers :-(

[MIKE770]

Re: Lowell/BW Legal

personal details showing Mxx

[charitynjw]

Re: Lowell/BW Legal

Hi Rfgillon

I agree with @Stu; contact the court for an update.
As things stand (if I'm reading correctly) the other party are still non compliant re the CCA request? If so, they can't enforce the alleged debt until they do so.

[Kati]

Re: Lowell/BW Legal

personal details showing Mxx

sorted xx

[Rfgillon]

Re: Lowell/BW Legal

[MENTION=3599]MIKE770[/MENTION] and @Kati oops, thabks
@Stu and @charitynjw I will contact the court first thing Monday. Hopefully they can sort it out!