BWLEGAL

[adamc]

hi,im pleased to be able to share my experiences so far with your good selves regarding Lowell and bwlegal....
its been an up hill battle thus far with very limited knowledge and skill on my part to get to this stage!
i did look for information on another page but when i made a mistake was soon left in the cold via the person informing me,thus went ahead on my own......i am now at the stage of filling in the "directions questionnaire" in light of what i can make of it if i decide to take the small claims rout,that opens another can of worms,to which i have elected not to go.....would you consider the best way?
i have sent all documents giving notice that i am entitled to all the documents alleging i owe this debt to which i have had no reply apart from the claimant saying they are awaiting them......5 weeks have now passed and still none!!
i stuck a nice informative letter in with the questionnaire to all parties that they are indeed in breach of my rights,so lets see what happens from here!! am i doing it in the correct way thus far? i am playing it cool as far as i am aware
regards adam

[nemesis45]

Re: BWLEGAL

Good evening Adam,

Where were you abandoned, not here on LB I trust.

Here's a check list.

You have acknowledged service of the claim and intention to defend it in full?

You have filed a defence which has been served upon the claimant?

The small claims track is for amounts less than £10K so is suitable for your claim and limits any cost involved

Have you requested any documents formally from the claimant or the solicitors i.e. CCA request + £1 statutory fee to the claimant and CPR 31.14 request to the solicitors for a copy of the documents mentioned in the particulars of claim.

No to get into what the actual debt arise from.
Who was the original creditor?
What type of account was this, credit card, loan, HP, car finance etc.?
When did payments cease?
What is the default date as shown on credit reference files ( You can check Noddle or Clear Score Free Online.

As to the DQ Say yes to small claims track.

Yes to mediation.

You do not contest jurisdiction.

Witnesses 1 yourself.

The name of your local court hearing centre, if you don't know leave blank and the court will sort it out.

nem

[sloane82]

Re: BWLEGAL

What was the debt for and how much is the debt?

[nemesis45]

Re: BWLEGAL

What was the debt for and how much is the debt?

see questions in post#2

[adamc]

Re: BWLEGAL

hi and very sorry for the late reply.....the original debt was for a credit card that i was sure i had paid in full but due to unforeseen circumstances i did lose track off!!
its for £1400 or there abouts,the place i was abandoned was another and not this page...in fact the replies here are more than i had asked for on the other page!! many thanx.....i did file a defence,i contested jurisdiction,i asked for all the original documents to which i have had no reply,and i opted NOT to take the small claims rout as i thought this was a ploy to turn it against me!! ive very limited knowledge on this subject so TBH all i have been able to do is look for answers to certain questions via google.
i i have put a claim in to help with costs as i am recovering from several illness over the past few years!
my latest acknowledgement was asking all parties for proof of the claim and stating their claim was an embarrassment to and to themselves and also sent an UNLESS order to the court......i now know everything ive done so far is wrong,but thats unfortunate on my part!!
ive heard nothing back as yet but expecting acknowledgement very very soon,they are probably thinking whats this idiot up to!!!!

regards adam

[nemesis45]

Re: BWLEGAL

hi and very sorry for the late reply.....the original debt was for a credit card that i was sure i had paid in full but due to unforeseen circumstances i did lose track off!!
its for £1400 or there abouts,the place i was abandoned was another and not this page...in fact the replies here are more than i had asked for on the other page!! many thanx.....i did file a defence,i contested jurisdiction,i asked for all the original documents to which i have had no reply,and i opted NOT to take the small claims rout as i thought this was a ploy to turn it against me!! ive very limited knowledge on this subject so TBH all i have been able to do is look for answers to certain questions via google.
i i have put a claim in to help with costs as i am recovering from several illness over the past few years!
my latest acknowledgement was asking all parties for proof of the claim and stating their claim was an embarrassment to and to themselves and also sent an UNLESS order to the court......i now know everything ive done so far is wrong,but thats unfortunate on my part!!
ive heard nothing back as yet but expecting acknowledgement very very soon,they are probably thinking whats this idiot up to!!!!

regards adam

Hello Adam

Has the claim been allocated to a track?

What is the status of the claim now.

[charitynjw]

Re: BWLEGAL

i contested jurisdiction

Could you expand on this?

[adamc]

Re: BWLEGAL

hi nemises ive heard nothing back as yet....i contested jurisdiction as my thoughts i did not recognise the court nor the claim
as ive already mentioned i honestly didnt and dont know how to go about these things

[Diana M]

Re: BWLEGAL

Send a formal s. 77-79 CCA Request to the Claimant asap

(if you haven't already done that)

Di

[nemesis45]

Re: BWLEGAL

hi nemises ive heard nothing back as yet....i contested jurisdiction as my thoughts i did not recognise the court nor the claim
as ive already mentioned i honestly didnt and dont know how to go about these things

Hello Adam,
I'm concerned now that the claimant will push for a judgment by default as you have failed to adequately respond to the claim.

I think you should now let us see copies of the document you have sent to the claimant and BW legal please remove your name and address and claim number before posting here.

It's the only way to get the whole story and the only way we may find a way round all this.

If you need help doing the I am sure @Kati will be able to assist.
Adam I see you mention asking for the original credit card agreement, but this has not been supplied so far.

Was this a formal request + £1 statutory fee (CCA Request, template in the green box at the top of the " Court Claim Forum".

nem

nem

[Diana M]

Re: BWLEGAL

If I've understood your post #5 correctly you have made an application to the court for an Unless Order to force the Claimant to disclose the documents which they intend to rely on in court.

You have also made an application for fee remission.

If that is the situation then the claim may be transferred to your local county court for a decision on your application (for an Unless Order).

Meanwhile as I previously said you should send a formal s. 77-79 CCA Request to protect your legal position. Once you've done that the Claimant is unlikely to make an application for a Summary Judgment since they'll know it won't succeed whilst they are in breach of s.78.

Can you type up the Particulars of Claim on your thread please.

Di

[Diana M]

Re: BWLEGAL

I can also see from your first post that you filed your DQ around 11th December so you should get a response from the court soon.

Did you tick the Yes box for Mediation?

When you say you "sent all documents giving notice" that you're entitled to all the documents, do you mean you sent a valid CCA Request at that point?

You say their response was that they were awaiting the documents (presumably from the original creditor). Have you kept that letter as it could be evidence to support your application for an Unless Order.

Di

[adamc]

Re: BWLEGAL

to date i have acknowledged service and my intentions to defend sent CPR 18 to the solicitors,CCA to the claimant......i then received the letter stating they were awaiting the original documents! i then received a letter from the courts stating that if the claimant did not respond by 28 days that the claim would be cast out.on the 28th day i received a letter from the claimant stating they wish to proceed......i then received a letter from the courts that it would probably take the small claims rout,and also the directions questionnaire (small claims track) to which i asked for no mediation,i did not agree with the small claims track as i had stated the claimants defence was an embarrassment and full of holes due to the fact of none compliance to my requests for all original documents.......with the directions questionnaire i enclosed the unless order,and a copy to all parties of my intentions!
thank you DI and NEM for being so patient with me......

[nemesis45]

Re: BWLEGAL

to date i have acknowledged service and my intentions to defend sent CPR 18 to the solicitors,CCA to the claimant......i then received the letter stating they were awaiting the original documents! i then received a letter from the courts stating that if the claimant did not respond by 28 days that the claim would be cast out.on the 28th day i received a letter from the claimant stating they wish to proceed......i then received a letter from the courts that it would probably take the small claims rout,and also the directions questionnaire (small claims track) to which i asked for no mediation,i did not agree with the small claims track as i had stated the claimants defence was an embarrassment and full of holes due to the fact of none compliance to my requests for all original documents.......with the directions questionnaire i enclosed the unless order,and a copy to all parties of my intentions!
thank you DI and NEM for being so patient with me......

Hello Adam,

The CCA request has not been complied with to date?

nem

[adamc]

Re: BWLEGAL

am the Defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The claimant has made no attempt to honour CPR part 18 rules. In this regard I wish to draw the Court’s attention to the following matters:
A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

5. The Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did NOT RESPOND!!.

6. On (25/10/2016) the defendant posted a request for a copy of the consumer credit agreement under the consumer credit act 1974 section 77/79, along with the statutory fee £1 which the claimant responded to on (07/11/2016) stating they were “awaiting” documents, in which the claimants had 14 days upon receipt of the defendants request to supply the defendant with a copy of the alleged agreement. The claimant failed to supply the agreement within the perscribed timescale and still have not supplied the agreement, and as such are in default of the defendants request. Which would prohibit any such legal action/enforcement as per section 78 (6) "If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement" And likewise under section 77 (s.s 4 (A)) of the consumer credit act 1974."
6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth

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no it hasnt been complied with nem