Claimform lowells/BW - old 3 mobile 'debt'

[geee]

Is it 28 working days?

 

I just logged on and got the below info.

 

Claim History

Your acknowledgment of service was received on 24/09/2014 at 16:00:39

Your defence was submitted on 07/10/2014 at 23:14:29

Your defence was received on 08/10/2014 at 08:01:04

[geee]

I was sent legal papers by money claim from DCA, I filed my defence a month ago yet the claimant has not responded to my defence!

What happens now?

Is the debt stayed?

[SabreSheep]

Contact the court and find out

[mooshy]

. I think its automatically stayed and they can apply to lift the stay and proceed at any stage . Mine did a few months later.

[geee]

so can I apply for a discontinuation?

[agbmediation]

so can I apply for a discontinuation?

 

The claimant doesn't have to respond to the Defence unless you also filed a counterclaim.

 

 

If you have defended and it is a small claim (under £10k) the court will expect you to try mediation.

 

 

So you should receive an allocation questionaire from the court.

 

 

This helps the judge decide what steps need to be taken to trial.

 

 

You will also be asked if you want to try mediation at this point.

 

 

If you have not heard from the court soon,

give them a call to find out when you are likely to hear.

 

So the short answer is that an application to discontinue at this stage is unlikely to succeed.

 

 

If you think that the claim has absolutely no basis and can be dealt with very quickly,

you could apply to strike it out or get summary judgment.

If you were to succeed the claim would end.

 

 

But both applications will incur a fee (unless you are on benefits and entitled to a reduction in the fee).

 

If you agree that you owe something then mediation is a quick way to reaching an agreement on how much that 'something' should be.

 

Hope my ramblings help a little...

[geee]

They are claiming £600 ish but the alleged debt is stature bared.

[geee]

I received a letter today from BW Legal saying their client intends to continue with the claim.

 

What are my options now,

 

 

go to court and fight this on the SB and miss sold grounds or offer to settle out of court?

[geee]

OK I received a letter today from BW Legal saying their client intends to continue with the claim.

 

What are my options now, go to court and fight this on the SB and miss sold grounds or offer to settle out of court?

[Guest]

geee

is this re this one?

http://www.consumeractiongroup.co.uk/forum/showthread.php?433955-Claimform-lowells-BW-old-3-mobile-debt/page2

[geee]

Yeah...

I was getting no response on that thread regards them not responding, so started a thread about no response then today they responded

[Guest]

Yeah...

I was getting no response on that thread regards them not responding, so started a thread about no response then today they responded

 

no worries. usually best to stick to one thread though re same matter.

threads will prob get 'merged' just now

[AndyOrch]

Then let them continue...you do nothing yet......they have to overcome the fact that what they have claimed is statute barred.

 

Andy

[AndyOrch]

Threads merged.Please do not start new threads on the same matter.

 

Andy

[geee]

OK no problem

[AndyOrch]

Geee in response to your PM.

 

Your offer was made without prejudice therefore forms no part of the court claim and the fact that they did respond on the 28th day to your defence has no significance apart from the claimant avoiding further costs to lift the stay.

 

Regards

 

Andy

[geee]

Geee in response to your PM.

 

Your offer was made without prejudice therefore forms no part of the court claim and the fact that they did respond on the 28th day to your defence has no significance apart from the claimant avoiding further costs to lift the on stay.

 

Regards

 

Andy

 

Thanks Andy

I've been reading up on SB and they can't do anything about it now as the last payment was in 2007, if I read it right?

It also says they should not be perusing the debt once I've wrote to them telling then I won't be paying as the debt is SB??

What will the judge do now? Grant them a day in court or read my defence?

I've not supplied any evidence of not paying since 2007!

[AndyOrch]

The court does nothing until the claimant informs the court they wish to proceed and that will be confirmed if and when you receive a Directions Questionnaire (DQ).

this allocates the claim to its track and transfers the claim to your local county court to proceed.

 

Once allocated you/they will be allowed to submit a Witness Statement in support of your defence and both will be expected to disclose evidence in support of the claim/defence...so a lot to happen before any judge actually views your defence...assuming it gets that far and they dont withdraw in the meantime.

[geee]

So them sending me this letter saying they intend to continue with the claim doesn't mean anything will happen?

 

Am I right in thinking this has started the SB clock ticking again as it's an "action"?

 

Can I apply for it to be stayed or set as side as they should not of proceeded to pursue this debt once I'd stated it was SB?

 

Sorry for all the questions

[dx100uk]

calm down

 

 

the claim is stayed inc the SB clock still

but if it had already ticked passed 6yrs they're stuffed already

 

 

you await their next move.

[geee]

Sorry if I seem anxious lol.. This has been doing my head in since 2007!!

[geee]

The court does nothing until the claimant informs the court they wish to proceed and that will be confirmed if and when you receive a Directions Questionnaire (DQ).

this allocates the claim to its track and transfers the claim to your local county court to proceed.

 

Once allocated you/they will be allowed to submit a Witness Statement in support of your defence and both will be expected to disclose evidence in support of the claim/defence...so a lot to happen before any judge actually views your defence...assuming it gets that far and they don't withdraw in the meantime.

 

They have written to me saying their "client intends to continue with the claim"

Is that the same thing?

 

I also emailed them and told them they had my old address and that my redirection will end soon so their mail wont reach me unless they change it. I supplied the new address and got the reply below:-

 

Thank you for your email, the contents of which have been noted.

 

 

 

Unfortunately due to the Data Protection Act we are unable to discuss any information pertaining to the reference quoted without first completing Data Protection verification.

 

 

 

We would therefore appreciate it if you could contact our offices on the below number in order to complete Data Protection verification enquiries which will allow us to correspond via email in future.

 

 

 

Once we have confirmed Data Protection verifications, we will then be able to update your address accordingly. If you are not able to call us, we are able to accept a signed letter confirming your new address.

 

Are they trying to trick me in to phoning or sending my signature?

[Guest]

if they notify the court that will be continuing, then yes it will proceed to the next stage of DQ, unless anything changes in the meantime. could check with the court to see if they have contacted them accordingly.

re email, that seems to be a usual data protection response to check id if they do not have any prior confirmed details of current/new email address, before responding via email.

[dx100uk]

what address did you send the CRP from?

 

 

dx

[geee]

Sorry whats the CRP?