Bw legal/lowell court claim, JDW Catalogue debt - clueless

[unclebulgaria67]

Claimant tries to resolve the points you have made in your defence. If there is no agreement within the 28 days allowed, then the claimant can continue with the claim and both parties will be sent paperwork, so it can be sorted out where the court hearing will take place ( your choice). If the claimant does not continue with the court claim within 28 days, it is automatically put on hold by the court. Thereafer the claimant would have to apply to the court to get the hold removed, as they now can proceed with the claim, as they may have documents (e.g CCA, default notice, proof of debts) which would assist them.

 

See what happens.

[jaytheterrible]

Hello everyone Just an update really. I got a letter back from the court dated 27th March pretty much stating what you said above uncle B. I contacted BW Legal today and all they said is that they are still awaiting the documents i requested in my cpr 31.14 request. I have checked at the court end and nothing has happened as of yet. I am now chasing JDW as i still have not received my SAR from them (I sent it on 15th Feb!). Hopefully I can get this sorted out

[jaytheterrible]

Hi Again everyone Received some documents from the court again. The case has been allocated to the small claims track now. Not sure whats the best course of action to take and I STILL havent received my SAR request from JDW even though I have written to them twice now reminding them. If anyone can offer any advice I'd be most grateful. Thanks in advance

[jaytheterrible]

Hello everyone.

 

 

Was hoping someone may be able to offer some advice on this.

 

 

Back in Feb this year I received a court summons from the county court applied for by be legal acting on behalf of jd Williams

for an old catalogue Debt standing at £4100.

 

 

I send CPR 31.14 request and a sar to jdw none of which I have received to this day.

 

 

I entered an holding defence and the case was allocated to the small claims track which I received the paperwork for

by means of some sort of questionnaire which I was meant to have had back at the court by the 5th of June.

 

 

Thing is I missed the deadline due to our family and I being evicted from our home due to the landlady selling up

and because of all the stress I forgot all about the claim.

 

 

I now don't have a clue what to do for the best and really would like to make the best of a bad job sooner rather than later.

 

 

If anyone could take any interest in this post and advise me I would be ever so grateful.

 

 

Kindest regards

 

Jay

Edited November 14, 2014 by dx100uk
its not an emb def its the holding def - dx

[AndyOrch]

Threads merged...please do not start new threads on the same claim.

 

Regards

 

Andy

[unclebulgaria67]

I guess what you received was the allocation questionnaire ?

 

Not sure what happens here. If you entered a defence about sending CPR requests to the claimant which were not replied to, then I am not sure whether the claimant would gain a default judgement. Because a defence was entered, I guess the claimant would need to specifically ask for a judgement in default, but whether they would get this automatically without providing a copy of the CCA, plus evidence of the debt, I am not sure.

 

I think you would have to phone the court to find out what is happening with the claim.

[AndyOrch]

Does the Court /Claimant have your new address.....you will have been advised to submit your DQ or else by an extended date...ring the court as adviced check the status of the claim .....change your address...and if allowed submit the DQ ASAP.

 

Regards

 

Andy

[jaytheterrible]

Hello everyone Just an update really on this ongoing situation.

 

 

My case has now been allocated to the small claims track and

 

 

i have a trial date for the 24th november for mediation.

 

 

At this stage BW legal still havent been able to provide a signed copy of the credit agreement

and even though I sent a SAR request to JDW

they still havennt honoured my request and provided me with any information.

 

 

What can I expect at this hearing?

 

 

Is there anything that I can do to prepare?

 

 

All i want from this

is to be able to get the balance of £4100 reduced to closer to its original of approx £1000

so that I can start repaying it,

 

 

the rest is all rip off charges and

 

 

I really do not want to pay all this.

 

 

If anyone could take an interest in this thank you in advance,

 

 

any advice would be gratefully received.

[unclebulgaria67]

Hello everyone Just an update really on this ongoing situation. My case has now been allocated to the small claims track and i have a trial date for the 24th november for mediation. At this stage BW legal still havent been able to provide a signed copy of the credit agreement and even though I sent a SAR request to JDW they still havennt honoured my request and provided me with any information. What can I expect at this hearing? Is there anything that I can do to prepare? All i want from this is to be able to get the balance of £4100 reduced to closer to its original of approx £1000 so that I can start repaying it, the rest is all rip off charges and I really do not want to pay all this.If anyone could take an interest in this thank you in advance, any advice would be gratefully received.

 

You should be making a complaint to the ICO that JDW have not actioned an SAR you sent to them in March and have presumably chased up since. You need all the information from JDW to help yoi.

 

https://ico.org.uk/Global/contact_us

[jaytheterrible]

Hello everyone.

 

 

I finally got my dsar through the post yesterday, 10 months late but got it nonetheless.

 

 

My court mediation appointment is on the 24th of this month and

my plan of action was to hopefully get the £804 in ppi and a whole load of £12 late payment charges removed

and look to paying the balance in instalments.

 

 

Would this be the right way to go with this?

 

 

Looking through the dsar i also discovered there is no credit agreement,

written or otherwise and the only document with my signature on is a photocopy of my postal order for the dsar request.

 

 

Any thoughts and advice would be greatly appreciated.

 

Kind regards

 

Jay

[unclebulgaria67]

As the account was taken out after April 2007, it is just a case of working out what the true debt should be and coming to an arrangement.

 

So yes, I would work out the total of PPI and £12 charges, then negotiate a reduction of the debt to the amount left. Work out what you could afford to pay per month and see if this is accepted.

[dx100uk]

make sure you use the CISHEET and at JDW's int rate too.

 

 

CISheet v101.xls

[jaytheterrible]

Thanks for the info guys but its looking like I'm defeated.

 

 

I received a letter from the court today stating that I have failed to provide witness statements

and or copy documents as ordered by the court, I never got such a request.

 

 

 

 

They now want me to file at court and serve on the claimant statements including a witness statement of my own evidence.

 

 

 

 

If I fail to do so by Wednesday my defence will be struck out from the hearing list for that day

and the claimant will be entitled to enter judgement on the claim without further order.

 

 

I have no clue what to do now and

 

 

 

 

I feel I have no time to do anything about this,

 

 

am absolutely gutted as there are over £1000 in PPI and charges

and I will probably now just have to swallow paying the whole lot.

 

 

I cant get to the court as its miles away and

 

 

I don't have any money to pay for stays and things to buy me extra time as it says i can apply for a stay or variation of the order.

 

 

So miffed off feel like giving up.

[AndyOrch]

Thanks for the info guys but its looking like I'm defeated.

 

 

I received a letter from the court today stating that I have failed to provide witness statements

and or copy documents as ordered by the court, I never got such a request.

 

You did..... check your Notice of Allocation...You receive this after you submit your DQ

 

 

They now want me to file at court and serve on the claimant statements including a witness statement of my own evidence.

 

Better comply then before they strike out your defence

 

 

If I fail to do so by Wednesday my defence will be struck out from the hearing list for that day

and the claimant will be entitled to enter judgement on the claim without further order.

 

 

I have no clue what to do now and

 

 

 

 

I feel I have no time to do anything about this,

 

 

am absolutely gutted as there are over £1000 in PPI and charges

and I will probably now just have to swallow paying the whole lot.

 

 

I cant get to the court as its miles away and

 

 

I don't have any money to pay for stays and things to buy me extra time as it says i can apply for a stay or variation of the order.

 

 

So miffed off feel like giving up.

 

Plenty of examples of Witness statements in other threads.Disclsure is easy type a list up of what you have referred to in your Defence /Witness Statement and copy and attach to the list and send to the claimant and the court ...along with your WS...Job done.

 

Regards

 

Andy

[jaytheterrible]

And if my defence is struck out what could happen and would there be no chance of me reclaiming the PPI after judgement?

[AndyOrch]

Yes you can always initiate your own claim after...but why not try to salvage this one first?

[dx100uk]

PPI/charges reclaiming is a separate issue and would not be effected by this

[jaytheterrible]

Ok managed to get the documents filed at court and a copy filed with bw legal. What happens if there isnt any signed credit agreement?

[AndyOrch]

Then they will struggle to enforce it when the court requests disclosure