Bw Legal court date set

[sabazios6]

Morning

Hope im in the right place, so i received a court action letter from BW legal so i filed a defence which has now been lost, i am at the point where the court ordered that the claimant had to send in documents by the 28th Feb 2017( which i have no clue if received), i have now received a letter from court to stat that the hearing has been moved from August to May 2017, Yet i had sent them a CCA request which i still haven't received and the court have been informed of this.

The court has also ordered that papers are sent to both party's by 16 April. I tried mediation but couldn't go ahead as i have received nothing from Lowell. Im just looking for help on where to go from here its been going on for over 5 months and i have received nothing to support the money i owe for a catalogue i think it was for,

Do i contact the company to try and get the debt reduced to pay it off before court or do i wait until the deadline in April to contact them. My point is how am i going to defend this with no statement of account and no letters received by the company and BW Legal are not bothering to send me anything i have requested. any help or advice.

[nemesis45]

Re: Bw Legal court date set

Good morning, welcome to LB.
First thing to do is to check with the court office to see if the claimant has filed as ordered by the court.
It's not unusual for debt purchasers and their tame " solicitors " to keep pushing a claim even though they have nothing to back it up, just in the hope that the defendant will be so stressed they pay up.
I would not give in at this stage!!

As said check with the court asap and meanwhile please give us some details on the debt and the claim we may be able to assist with your witness statement/ evidence that has to be served on the court and the claimant least 14 days prior to the hearing.

nem

[Diana M]

Re: Bw Legal court date set

i received a court action letter from BW legal so i filed a defence which has now been lost

What do you mean by your Defence has been lost?

Di

[Diana M]

Re: Bw Legal court date set

i have now received a letter from court to stat that the hearing has been moved from August to May 2017, Yet i had sent them a CCA request which i still haven't received and the court have been informed of this.

. . . The court has also ordered that papers are sent to both party's by 16 April.

Can you post the exact wording of that court Order (don't include anything which could identify you).

Does the Order say specific documents must be disclosed by 16th April or does it say that Witness Statements (and any Exhibits) must be filed at court and served on the other party by that date?

I'm curious to know why the hearing has been brought forward by three months.

It may be a good thing because that will give the Claimant less time to research and reconstitute the credit agreement etc.

Did you also send a CPR 31.14 Request at the beginning of these proceedings perhaps including a request to see the Default Notice?

Di

[Diana M]

Re: Bw Legal court date set

i am at the point where the court ordered that the claimant had to send in documents by the 28th Feb 2017.

Was that Order an Unless Order with sanctions if the Claimant didn't comply such as their claim would be struck out?

And did the Order specify that the Claimant must file the documents with the court as well as serve them on you? They don't always order the latter.

I ask because the court may be blissfully unaware that you've not received the documents if the Claimant wasn't ordered to file them at court too.

Di

[sabazios6]

Re: Bw Legal court date set

Hi Diana

The court sent me a letter asking if i had a copy of my defence as its not on my file and its being chased with Northampton cc.....I have attached the letter that has been sent to me, as i said the court ordered that the claimant send them everything by 28th Feb.

[Diana M]

Re: Bw Legal court date set

Hi Diana

The court sent me a letter asking if i had a copy of my defence as its not on my file and its being chased with Northampton cc.....I have attached the letter that has been sent to me

That "letter" is a Notice of Allocation/Hearing with no clues as to why the date has been brought forward. Maybe they had another hearing vacated so they decided to use the slot. It doesn't say.

It does say that you must file your Witness Statement by 11th April not 16th April as you posted on this thread. I wouldn't want you to miss the deadline

The court has also ordered that papers are sent to both party's by 16 April.

My other question was what did the Order say about papers being produced by 28th February? Did it say they had to be filed at court and served on you too?

Call the court to establish the exact situation in case the Claimant has fulfilled one side of the bargain (file them at court) but not the other (serve them on you).

That Notice of Hearing is dated 3rd March (after the 28th February deadline) so maybe the Claimant has complied (in part) with the other Order?

Di

[sabazios6]

Re: Bw Legal court date set

The story gets better, the court can see i filed a defence but dont have a copy......the Claimant have given no documents to the court so the 28th Feb deadline was missed. but it look like the court had asked them to give a coy of the defence

The other letter stats. IT IS ORDERED
The claimants solicitor do by 28th February 2017 file at Court a copy of the defence.

When speaking to the court i was told nothing has been received no information from them apart from the claim at the start, the court confirmed everything i have sent has been received. I had also sent them this.

IN THE NORTHAMPTON COUNTY COURT (CCBC)

1: I received the claim from the Northampton County Court on 12^th September 2016

2: This claim appears to be for a Home Shopping agreement regulated under the Consumer Credit Act 1974.

3: I neither confirm nor deny that the Defendant has previously entered into an agreement with JD WILLIAMS & COMPANY LIMITED for provision of credit.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. It is denied that with JD WILLIAMS & COMPANY LIMITED served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 12/11/2016 I sent 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.
8. On the 12/11/2016 I sent a formal request for a copy of the original agreement to bw Legal pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. JD WILLIAMS & COMPANY LIMITED have not sent any of these documents to me.

10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue ofs 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. At this stage without documentation I am unable to plead fully to the claim. 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.

13. 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[nemesis45]

Re: Bw Legal court date set

Is the above the defence you filed with the court originally?

nem

[Diana M]

Re: Bw Legal court date set

The story gets better, the court can see i filed a defence but dont have a copy......the Claimant have given no documents to the court so the 28th Feb deadline was missed. but it look like the court had asked them to give a coy of the defence

The other letter stats. IT IS ORDERED
The claimants solicitor do by 28th February 2017 file at Court a copy of the defence.

When speaking to the court i was told nothing has been received no information from them apart from the claim at the start, the court confirmed everything i have sent has been received. I had also sent them this..

Okay from what you describe it seems the court lost your Defence so ordered the Claimant to provide them with a copy. The Claimant was not ordered to produce specific documents (other than your Defence) by 28th February.

Did you serve a copy of your Defence on the Claimant as well as file it at court at the same time? If not then that's possibly the reason the Claimant couldn't send it to the court (if they didn't have it).

So mystery solved and a Witness Statement to be filed by 11th April (not 16th April!).

Di

[sabazios6]

Re: Bw Legal court date set

Hi Nem

No this was after i sent them a request for the original agreement, but after taking advise i have now been told i will never get this unless its handed to me on the day the judge refused to throw it out that's why the hearing date has now come forward, I have also been told that the likely hood is i will get a CCJ if i don't pay before hand as the county court no longer care in regards to the original agreement.

[nemesis45]

Re: Bw Legal court date set

Hi Nem

No this was after i sent them a request for the original agreement, but after taking advise i have now been told i will never get this unless its handed to me on the day the judge refused to throw it out that's why the hearing date has now come forward, I have also been told that the likely hood is i will get a CCJ if i don't pay before hand as the county court no longer care in regards to the original agreement.

Hi,

Who has given you this advice, i.e. " the court no longer care in regard to the original agreement"??

nem

[sabazios6]

Re: Bw Legal court date set

I went to the CAB and i wish i didn't....all i asked was form them to have a look as im getting lost with it all, i showed them everything as the reply well.....you would be better off paying this off before court the judge in that court is well known for not caring and just issuing CCJ;s gob smacked would be a word to use. CAB are to help no? not this person......i will be reporting them.