Lowells/BW Claim form - old cap1 Credit Card 'debt'

[maddiemay]

Hi Andy

Checked everything through and added dates etc, it's been emailed to Northampton and hard copy posted. CCA request has been posted to Lowell, and an email to BW Legal with copy attached, for their information has also been sent.

My head is spinning, my kitchen is covered in paperwork, but it was all worth it. I'm so sorry I gave you such a headache at the last minute, but I am truly grateful for taking up your time today. On the plus side, the situation is pretty much the same for the other couple of credit card debts I have, so when they rear, I will be able to follow this same thread.

 

The golden rule I forgot was, as the debt gets passed on to someone else, send another CCA request rather than ignore!

Once again, my heartfelt thanks to you for today

 

Maddie

[maddiemay]

Quick update

I received a letter from Northampton C C acknowledging receipt of my defence.

Received a letter from BW Legal today saying, we confirm a claim form has been issued through Northampton CCBC, we request that the response pack is now completed in full and returned to us no later than 20th Jan.

I have no idea what they are on about, it makes no sense!

 

As you know, I have sent a CPR 31.14 and CPR 31.15, plus 2 e-mails reminding them of their duties! All they send me it this!

 

Should I do anything, or at least start preparing to ask the court to order them to comply with the CPR

 

Any thoughts would be really appreciated

[AndyOrch]

Quick update

I received a letter from Northampton C C acknowledging receipt of my defence.

 

Received a letter from BW Legal today saying, we confirm a claim form has been issued through Northampton CCBC, we request that the response pack is now completed in full and returned to us no later than 20th Jan.

I have no idea what they are on about, it makes no sense! It refers to your court claim dated 2nd Dec they are telling you its on its way, the one you got 5 weeks ago,which you have defended.

As you know, I have sent a CPR 31.14 and CPR 31.15, plus 2 e-mails reminding them of their duties! All they send me it this! Please allow them time to catch up only 5 weeks behind

Should I do anything, or at least start preparing to ask the court to order them to comply with the CPR You cant they are not compelled to comply with a CPR request

Any thoughts would be really appreciated

 

 

Andy

[maddiemay]

Ha ha Andy, brilliantly put, I suspected as much but do like to check!

 

Oh hang on a minute, I was with you, but just re read it again and the last bit has confused me:

 

They are not compelled to comply?????

[AndyOrch]

Not with a CPR Request its a civil request , hence the name civil procedure rule.... not a legal request unlike a CCA request

[maddiemay]

So should I be sending a CCA request to Lowell then, even though I did it back in 2008 to Bryan Carter, (and a reminder) So sorry to be so dumb, but I am!

[AndyOrch]

So should I be sending a CCA request to Lowell then, even though I did it back in 2008 to Bryan Carter, (and a reminder) So sorry to be so dumb, but I am!

 

 

See post above 3rd Jan

[maddiemay]

Sorry Andy, I had forgotten, I had sent it! Must pay more attention.

I can now send of the letter putting the account in dispute, or doesn't it matter once legal proceedings have started.

[AndyOrch]

No you don't send anything further they have had the defence their move next.

[maddiemay]

Thanks, and I'm sorry for being a dunce!

[AndyOrch]

Not at all it can be overwhelming if you have never dealt with this before...follow the timeline and court instructions here on.

 

 

Regards

 

 

Andy

[maddiemay]

Quick update, nothing from Lowell at all! Letter from Northampton dated 3rd Jan (had it a while) defence served on claimant, if he wishes to proceed he must contact court within 28 days, or claim will be stayed.

Q is that 28 working days? And how many days allowed from dated letter for postal delivery.

[AndyOrch]

Working days and 28 from the 3rd.

 

Regards

 

Andy

[mjt2013]

CPR r 2.8(2) would suggest that it's clear days rather than working days only.

[AndyOrch]

CPR r 2.8(2) would suggest that it's clear days rather than working days only.

 

Quite ...but either way I doubt they will respond.

[maddiemay]

I hope not!

[maddiemay]

Time is up, I've not heard anything from Lowell's, should I write to the court and ask for it to be stayed or just leave it and wait for the court to stay it, as they said they would in their letter of 3 rd Jan.

Would it be worth asking for a strike out?

That's assuming of course Lowell's haven't told the court they wish to continue in the last couple of days.

Thoughts would be appreciated

[AndyOrch]

The court automatically stays it not you...you cant strike out for a none response to a defence.(just yet)

[maddiemay]

Oh I didn't know that. I had a strike out before but that must have been because the court ordered the claimant to provide documents and they didn't.

Thanks for the info

[maddiemay]

Received a letter today from BW dated 5th Feb with a copy of the same, addressed to the court, it seems "Our client intends to continue with the claim. They also told me they intend to continue with Mr O's from Oldham claim as his was in the envelope with mine!

 

So they have completely ignored all correspondence and requests from me, including reminder emails

Told the court out of time (all be it only a few days) they wish to continue with the claim

Sent me information meant for someone else

 

I bet this bunch will still win against me though!

Annoyed now!

[maddiemay]

Okay, today I received a notice of proposed allocation to the small claims track, with form N180 attached, plus mediation information.

 

HOW can they get away with completely ignoring all letters and emails I have sent them and their solicitors

 

N180 is pretty straightforward, yes to mediation, ask for it to be heard at my local county court.

 

When can I ask the court to make them give me the statements, and agreement, I know there's PPI on it, (which I could have claimed on when I was sick) if I had known how to, not sure if I can pin that on OC or not as I read on here that, that information would have arrived after the account had been opened. At the time I could have claimed, I didn't know if I had it, hence my original reason for requesting CCA, to see if the box was ticked, and being dim, assumed the insurance contact details would have been on the agreement somewhere. There's also £400 worth if charges, just on the statements I have managed to find.

Lowell's have to pay £40 by 3rd March or case will be struck out!

 

I only get £80 a month DLA, so it'll be years before they even get their £40 back, if they've looked at land registry and seen I'm sole owner, bad luck, house is in serious neg equity. I shall be long gone, way before they even get back what it's cost them to buy the piddly debt, let alone take me to court!

 

Should I be getting prepared in any way?

 

Cheers guys

 

Maddie

[AndyOrch]

They will have to disclose as this nears the trial date...standard disclosure...your defence put them to strict proof...so they cant sail through it without even disclosing a single shred of evidence.

[maddiemay]

Oh right, so I'll just fill in N180 post it off and wait.

 

Thanks Andy

[AndyOrch]

Correct

[maddiemay]

I emailed BW to tell them they had included someone else's notice to proceed letter in with mine, no response as usual, do you think I should email again asking them what I should do with it, and indeed, what should I do with it??

 

Maddie