BWLEGAL

[Diana M]

Re: BWLEGAL

If that is the Defence you filed then it's extremely unlikely that the Claimant would make an application for a Summary Judgment against you

You've filed your DQ so now I expect the next thing you'll hear will be from your local county court (since you ticked 'No' to Mediation).

In your application for an Unless Order did you ask for the matter to be dealt with by a hearing or on paper?

And what was your Part 18 Request for?

Di

[nemesis45]

Re: BWLEGAL

Adam Have you been notified as to which track this claim is allocated?

nem

[Diana M]

Re: BWLEGAL

its for £1400 or there abouts

If it's a £1,400 claim then it will be allocated to the Small Claims Track unless you can convince the court it has extremely complex legal arguments, which is unlikely in this case.

Di

[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......

So what happened Adam?

[adamc]

Re: BWLEGAL

its been over a week now and i havnt heard a thing as yet,i asked for it to be dealt with in court......my cpr 18 was as follows

Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Preliminary Request for further information / clarification

On the Xxxxx 2016, I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2.The deed of assignment and/ or
2.1 deed of Novation
3.The notice of assignment
4.The default warning letter
5.The default notice
5.1 Termination Notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £xxx.xx and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I would request under Civil Procedure Rule 39 PD 39a (3.3) any documents upon which you, the claimant intends to rely, are brought to any subsequent hearing for examination

You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully

- - - Updated - - -

as i say all i have been able to do is take it step by step and read up on the way to go about it......ive stolen snippets from various pages/websites to get me this far! unfortunately when i did make the obvious mistakes i was left high and dry on another page

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no nem ive heard nothing back yet....forgive me as im only just learning how to use this website

[Diana M]

Re: BWLEGAL

its been over a week now and i havnt heard a thing as yet,i asked for it to be dealt with in court.

I'm guessing that you were against Mediation as a method for dealing with this claim not challenging the court's decision to suggest the appropriateness of allocation to the Small Claims Track in the DQ?

Di

[adamc]

Re: BWLEGAL

im not the brightest spanner in the tool box di but my thoughts were rational as far as i can tell?
the courts as far as im concerned have passed the buck,opting not to make a decision on the case when clearly the claimant has NOT done as asked and therefore "breaking the law" so to speak.....the letter above i sent to all parties so they know exactly what my tactics are,and that is to have the relevant paper work i have asked for! if they cant produce them then in theory it should be put on the pile labelled garbage......this has went on for 6 years!! i broke my back 3 years ago and diagnosed with cancer 2 year ago and again 2 months ago with another kind.....im taking a different rout by the looks of it,but totally un intentional as like i say im doing it as it happens and looking for an answer as i go along! if things go pair shaped then thats something TBH i have to deal with and the least of my concerns but good ammunition for others if it pays off,but surely these people need to

[nemesis45]

Re: BWLEGAL

OK Adam

The Deed/Novation is not likely to be provided as it is considered to be commercially sensitive and confidential.

When debt is sold it is in portfolio lots and includes a very large amount of other debtor personal information which you are not entitled to see.

It's hard to say what BW Legal's response might be.

nem

[adamc]

Re: BWLEGAL

received a letter today notifying me that it has been transferred to my local court for allocation.....
from there the judge will allocate to track and give case management directions.nothing mentioned of my unless order unless thats where it has gone for a decision to be made?

[Diana M]

Re: BWLEGAL

received a letter today notifying me that it has been transferred to my local court for allocation.....
from there the judge will allocate to track and give case management directions.nothing mentioned of my unless order unless thats where it has gone for a decision to be made?

That makes sense

It's what I said would happen in post # 11

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).

You've basically received a "Goodbye" letter from NCCBC (aka MCOL).

Wait to see what the "Hello" letter says from your local county court.

Post up the details when you get it.

Di

[adamc]

Re: BWLEGAL

exactly what you said would happen di!!
whats going to happen now? ile go to court and i have all evidence to hand.....letters,receipts there responses,a friend suggested that they wont even turn up for some reason!
happy crimbo by the way

[nemesis45]

Re: BWLEGAL

exactly what you said would happen di!!
whats going to happen now? ile go to court and i have all evidence to hand.....letters,receipts there responses,a friend suggested that they wont even turn up for some reason!
happy crimbo by the way

Standard court process Adam nothing out of the ordinary!!
It is entirely possible that they will not appear!

Happy Christmas!!

nem

[adamc]

Re: BWLEGAL

hi and a happy xmas to you all......
its happened exactly the way you thought it would di,thanx for your help!
i suspect a day in court is on the cards but i have everything to hand,receipts,responses from them and copies of my own.....a friend of mine suggested they wont even turn up!! could that be the case? but if they did and still not the requested evidence and obviously at such a late date where should i go from there? they have completely ignored my requests of which they HAVE to comply so that in itself is against all regulations is it not

- - - Updated - - -

oops sorry i thought the first post hadnt been posted haha....well i have everything at hand and im not giving up now! scare tactics it seems to be.....
i wish i had put in a counter claim for harassment

[nemesis45]

Re: BWLEGAL

hi and a happy xmas to you all......
its happened exactly the way you thought it would di,thanx for your help!
i suspect a day in court is on the cards but i have everything to hand,receipts,responses from them and copies of my own.....a friend of mine suggested they wont even turn up!! could that be the case? but if they did and still not the requested evidence and obviously at such a late date where should i go from there? they have completely ignored my requests of which they HAVE to comply so that in itself is against all regulations is it not

You need to regularly check with the court if you hear nothing and make sure any court papers are promptly dealt with.

At present the process continues as usual.

nem

[adamc]

Re: BWLEGAL

will do,and thank you so much