Deano V BW Legal

[Deano1565]

Hi to all,

I have received a claim form from BW Legal on 11/03/16. I have been reading various threads on your godsend of a website and have responded to the claim this evening (13/03/16) via MCOL and submitted a defence.

Can someone please just confirm to me what letters I need to send to who now, I will put the POC below.

I am pretty sure that the last payment I made was about 5 years ago but not 100% sure?


POC:

Claimant - Lowell portfolio / BW Legal

The claimants claim is for the sum of £1500 being monies due from the defendant to the claimant under a Store Card Consumer Finance agreement regulated by the Consumer Credit Act 1974 between the Defendant and Home Retail Group Card Services Limited under account refernace 6334************00 and assigned to the claimant on 01/07/2014 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( a daily rate of £0.33 from the date of assignment of the agreement to 01/07/2015 being an amount of £120.78.

Thanks in advance....

Deano.

[Deano1565]

Re: Deano V BW Legal

Anybody?

[charitynjw]

Re: Deano V BW Legal

Hi Deano1565 & welcome to LB

Could you tell us what you said in your defense which you have sent to the court?

[nemesis45]

Re: Deano V BW Legal

Hi to all,

I have received a claim form from BW Legal on 11/03/16. I have been reading various threads on your godsend of a website and have responded to the claim this evening (13/03/16) via MCOL and submitted a defence.

Can someone please just confirm to me what letters I need to send to who now, I will put the POC below.

I am pretty sure that the last payment I made was about 5 years ago but not 100% sure?


POC:

Claimant - Lowell portfolio / BW Legal

The claimants claim is for the sum of £1500 being monies due from the defendant to the claimant under a Store Card Consumer Finance agreement regulated by the Consumer Credit Act 1974 between the Defendant and Home Retail Group Card Services Limited under account refernace 6334************00 and assigned to the claimant on 01/07/2014 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( a daily rate of £0.33 from the date of assignment of the agreement to 01/07/2015 being an amount of £120.78.

Thanks in advance....

Deano.

Hello Dean,

1, What have you entered in defence?

2. You need to make a request to Lowell for a copy of the agreement, ( see short cuts in the green box above) there is a £1 statutory fee to pay, use a Postal Order and write for" statutory fee only" on it an make a copy for your records. Lowell has 12 + 2 working days to comply. Use signed for post, check delivery date and print signature.

3. A request to BW Legal (No Fee) this is for the documents mentioned in the particulars of the claim i.e. the agreement, the notice of assignment, and the default notice. You cannot request anything else.
Use signed for post for this as well.

nem

[Deano1565]

Re: Deano V BW Legal

Hi, thanks for getting back to me, I will put up what I put for my defence in a second, ( just firing the laptop up). Reading back through other posts I think I may have dropped a clanger by submitting my defence already?? Will put it up now.

Thanks.

- - - Updated - - -

The defence that I submitted....

1: I received the claim [C9DP814P] from the County Court Business Centre, Northampton on 10/03/2016
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Store card agreement regulated under the Consumer Credit Act 1974.
4: I have no recollection of ever entering into any agreement with Home Retail Group.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The particulars of the claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Home Retail Group Card Services to Lowell Portfolio on 01/07/2014. I have not received notice of this assignment.
8. It is denied that Home Retail Group Card Services served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
9. I will be sending a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. I will be sending a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. I will be asking the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5).
12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ……Dean Lawrie…
Dated ...13/03/2016....

[nemesis45]

Re: Deano V BW Legal

Hi, thanks for getting back to me, I will put up what I put for my defence in a second, ( just firing the laptop up). Reading back through other posts I think I may have dropped a clanger by submitting my defence already?? Will put it up now.

Thanks.

- - - Updated - - -

The defence that I submitted....

1: I received the claim [C9DP814P] from the County Court Business Centre, Northampton on 10/03/2016
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Store card agreement regulated under the Consumer Credit Act 1974.
4: I have no recollection of ever entering into any agreement with Home Retail Group.
5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The particulars of the claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Home Retail Group Card Services to Lowell Portfolio on 01/07/2014. I have not received notice of this assignment.
8. It is denied that Home Retail Group Card Services served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
9. I will be sending a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. I will be sending a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. I will be asking the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5).
12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
15. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ……Dean Lawrie…
Dated ...13/03/2016....

All is not lost luckily as you will be able to build on the CCA request and CPR when it comes to preparing your witness statement.

Has the defence been acknowledged by the court and sent to the claimant/solicitors.

nem

[Deano1565]

Re: Deano V BW Legal

Thanks Nem,

how would I find out if the defence has been acknowledged or not?

[nemesis45]

Re: Deano V BW Legal

Thanks Nem,

how would I find out if the defence has been acknowledged or not?

The court notifies you that the defence has been received and passed to the claimant.

nem

[Deano1565]

Re: Deano V BW Legal

Not heard anything yet, checked email and money claim online.

[Deano1565]

Re: Deano V BW Legal

Hello all again, been a while but I have a question..... After I sent the letters asking for a copy of the CA I received a letter back from the DCA stating that they do not have a the documents that I requested, so my question is how long do they get to take me to court?

many thanks in advance

Deano

[Amethyst]

Re: Deano V BW Legal

You already filed a defence so your case will be stayed with the court . The claimant can apply to lift the stay if they find the docs and want to proceed - not any time limit on that unfairly - so if you want to get it over with you could apply to strike out the claim - downsides wise they might have renewed vigour in finding the docs + costs u £255 or £100 depending. Upsides it would stop them coming back if they find the docs in six months/a years time and it'd be over with ( if the court agreed to strike of course)