Well lets hope (or not as the case) they find the agreement otherwise they will have wasted further money paying the hearing fee without the agreement

 

Regards

 

Andy

Thank you. That helps me understand it a lot better.

I have seen it on here before that mediation does not take place because the claimant has not provided the documents. Not your problem. BW Legal will see from your N180 form that you are happy to proceed using mediation.

 

Just see how it goes. They can try to proceed. If mediation does not work, they can request a hearing to be scheduled where they can try to make their argument.

 

When did you take out this catalogue account approximately ?

Thank you for posting. I took the account around 2011/12

Simply submit the completed N180 by the date stated Dolly...yes to mediation and yes to small claims track...the rest of the tick boxes are self explanatory.....dont forget to send the claimants Sols a copy of the completed N180.

 

Regards

 

Andy

Thank you Andy. Can they actually proceed with this, I mean is it worth their while when they have not complied with my CPR request or even the CCA request I made before they started with court action.

Do they not have to at least comply with the CPR request to be able to proceed.

The only paperwork they have attached to me is a reconstituted Shop Direct catalogue account showing money owed but to a catalogue called Index Extra, I never had an account with Index. The Notice of Assignment is also not something I've ever seen before and looks as though it was printed off and back dated the day they sent it out.

Today I have received the Notice of Proposed Allocation to Small Claims Track with a N180 form.

I'm unsure of where I stand now as I didn't believe they could proceed without the correct evidence.

They still have not complied with the CPR request or the original CCA request.

Can I have some advice please. A voice of experience would be a great help.

Responding to your PM DOlly

 

Nothing in the above to be concerned about....until they can source the agreement...its going nowhere.

 

Regards

 

Andy

Thank you Andy. I truly appreciate you taking the time to respond. You confirmed what I thought. I think I'm starting to understand how all this works a little better now.

Waiting Game now

 

The claimant has 28 days to respond if they wish to continue with the claim or the court suspends the action. A sort of hibernation for which the claimant will have to apply to have the claim activated again

Thank you for reading through and replying. Is it more than likely they are bluffing with there intention to proceed. The Notice of Assignment they have sent me I have never seen before and I believe they just put it together and printed it off backdated. They still have not produced a CCA or any kind of true paper trail to show the debt is mine and it is now owed to them.

If they are not bluffing and will proceed surely as it stands at the moment it cannot be ruled in their favour.

PDF files added

Some Advise Please.

I entered my defense on time as advised, it was

I the Defendant contends that the particulars of claim are vague and generic in nature.

I the defendant have in the past held accounts with Shop Direct Finance Company Limited however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of CCA 1974.

In relation to the specific allegations a CPR 31.14 request was also sent 26th June 2015 and although receipt of the request has been acknowledged by the claimant, the claimant has failed to reply with a specific response.

I the Defendant contends that no notice pursuant to s.136 & 196 has been served upon her by the Claimant as alleged or at all.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

On the 15th June 2015 I made a legal request by way of a section 78 request to the Claimant which the claimant has acknowledged receiving. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

And received acknowledgement from the court which I've added as a PDF minus any sensitive info. Today I received a response from BW Legal stating there intention to proceed. They also provided a Notice of Assignment addressed to me but I can honestly say I have never seen this document before.

Everything they sent me today I have added as a PDF document minus the sensitive info.

Can someone please help me understand what happens next.

friday 24th july dolly

Thank you. I got my head in a spin over the dates but that makes it clearer.

Happy that's sorted for you Dolly

Have you had a chance to look at other threads yet to help you put your defence together?

Yes I have and thank you for asking. There's a lot to read through but I think I'm making progress slowly. Helps that I've got abit longer now to get it ready as I had convinced myself I only had until Monday.

Hi Dolly, I'm pretty sure you're ok till 27th, if your worried you could try sending a private message or alert

Thank you.

I dont think we can make it any clearer than already been advised....

 

" Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015."

 

Which is a Saturday so submit it on the Friday 26th by 4.00pm

 

Regards

 

Andy

Sorry you did make it clear, I am dyslexic which for me means I struggle with what I read especially when it's on a tablet screen, I could use my computer which I have a color filter for which helps but my computer does not have auto correct for my spelling.

My mistake was thinking the 14 days to submit my defense started when I acknowledged the claim.

Again I am sorry, I realise how busy the people that help on here are.

Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015.

 

The first thing you need to do is to acknowledge the claim - you do this online using the password and claim reference number both on the claim form. When you log onto the MCOL gateway, you will be given a further reference number, so make sure you have a pen/pencil ready so you can jot it down.

 

If you only ceased payments last year, then this wont be statute barred and I have to admit, if it is only a year since you ceased payments then I am surprised they have issued so swiftly !

Hi citizen B I hope you don't mind me asking. I feel a little out of depth and I'm trying hard to absorb as much info as I can and I think I've got a little confused. Can you clarify for me please, I acknowledged the claim against me using the MCOL gateway last Monday evening the 29th July is my deadline to submit my defense 14 days from that date or is it 25th July taking that date from the timeline you kindly worked out for me in the above quote.

This from post #8. I don't know if that because you've already acknowledged it changes things but according to the above you didn't need to acknowledge until 11th. hopefully Andy or others will take a look and advise

Thank you nunnyrose. I think I was in a panic at the time and focused more on "the first thing you need to do is acknowledge the claim" part of the advice.

Reading it again a later I can see I didn't need to do it so soon.

when does your defence have to be submitted? I thought I'd read previously that you have till 25th July

I acknowledged the claim last Monday evening. I believed I then had 14 days to submit my defense. Have I got that wrong ?

Hi Dolly, I'm sure Andy will pop in soon but in the meantime you just go ahead and submit your defence, no need to send a failure to comply letter.

Thank you for the reply nunnyrose. The main part of my defence was they have not been able to prove the debt is mine. They have put my file on hold while they try yo obtain the documents to prove that the debt belongs to me, is there a set time limit or can they put my file on hold indefinitely. If I submit my defense now and not in a week just before the time is up what is likely to happen next ?

When I've tried to search the answers myself I find confusing or conflicting advice. I never believed myself to be stupid but I'm really struggling to get my head around how this all works.

Can someone please help me with some advice. I acknowledged the claim against me last Monday so I have until this Monday to submit my defense but is there something I should be doing now.

BW legal received my CPR request 7 days ago tomorrow and have replied with my account is on hold while they try to find the requested documents but Is there something I should be doing. Should I be sending them a failure to comply letter.

Please if I can be pointed in the right direction, I've tried looking myself but I'm finding hard to get my head around everything.

Yes Dolly

 

You still need to submit your defence on time...a claimant can hold the process by not requesting judgment once you have exceeded your 33 days...but its better to file on time just to ensure.

 

Regards

 

Andy

Thank you. Are BW legal working to a deadline now or can they put a hold on this indefinitely.

I sent the CPR letter on Monday morning and registered with the MCOL the same day and acknowledged the claim. I haven't done any thing since but today I received a reply dated the 1 July. It's very short but word for word reads

We refer to the above matter and your letter dated 26 June 2015, the contents of which have been noted.

We can confirm that we have received your previous correspondence and responded to you on 23 June 2015. We have requested copy documentation from our client and our file remains on hold.

We will contact you further in due course.

Yours faithfully.

The previous correspondence they refer to from the 23 June us the CCA request which they still have not produced. What happens next. Do I still need to submit my defense before the deadline.

Again thank you for all your advice.

Dolly...its quite understandable that if you have never had to deal with is before it can appear to be mind boggling.

 

You requested a copy of the agreement vis a section 77/78 request...as you are fully legally entitled to do as a consumer.The assignee (that's Lowell) is a debt buyer...they buy defunct failed credit agreements from the original creditors...which have wrote off your debt...claimed tax allowance ..and then sold it for as little as 10p in the £1.

 

Back to your CCA request....instead of complying ( probably because there isn't one or cant get it) they have opted for litigation and issued the claim against you.I would hope that they did comply with pre action protocol and gave you notice it was their intention to sue you and allow you time to make proposals?

 

Nevertheless they are still in default of your section 77/78 request (they have 12+2 days to comply) and are therefore pursuant to the CCA1974 prevented from legally seeking/requesting relief for the said agreement (taking you to court).

 

So...as stated you have 3 options....

 

admit the debt and return the papers to the claimant.(automatic CCJ)

Partially admit the debt and submit a defence (automatic CCJ for the part admitted)

Or defend in full...for the above reasons I have stated.

 

Your first task is to register to use the MCOL service so you can deal with this on line (instructions are contained within the response pack)

Once registered you will be able to acknowledge service (this is acknowledging service of the claim)...you have 19 days to complete this from the date on the claim form...date on the claim form being day 1 )....ignore contest jurisdiction and then enter your plea...which I would advise to be defend all.

 

You then have a further 14 days to submit your defence (so you have 33 days in total) take time to look at other similar threads from the same claimant and you will see that invariably once a defence is submitted they usually discontinue their claim...this is because they cant provide the paperwork to substantiate their claim.

 

You can still opt to mediate during the process if you wish to make a regular payment plan and avoid a CCJ...but this option is only available if you intend to defend all.

 

Regards

 

Andy

I just received these 2 letters from bwlegal. From their advice on what I should do next, which is to phone 1 of their friendly representatives to arrange an affordable repayment plan. Im guessing you were correct Andy and they do not actually have anything to support their claim against me.

Again thank you. I will be back once I receive a reply to the CPR request.

The basis of the defence will put them to strict proof that they are legally able to bring and substantiate the claim....without a copy of the executed agreement this may prove a tad difficult.

Send off your CPR 31.14 request lets see the response....and we can take it from there with regards on how to proceed.Make sure you acknowledge and state defend all irrespective for now.

Thank you Andy. I will do that and post here when I receive a reply for the CPR 31.14

Thank you for helping to see this with a calm head. I hope you have a good weekend, lord knows you deserve it for the work and effort you put in on here.

Regards

 

Andy

Thank you Andy. When this court letter arrived yesterday I felt sick and panicked. Your calm approach has put me at ease and I can't say thank you enough

I never offered any proposals or payment and when I sent the CCA request I denied all knowledge of the debt, I thought it would allow me a better position when it did come to negotiating. I will print out the CPR request when I'm in work tomorrow and send it off recorded delivery. I will wait until next week to enter my plea with the intention to defend all.

Is the basis of my defense is that they must prove the alleged debt is mine. And if they can prove it do I then request mediation.

Dolly...its quite understandable that if you have never had to deal with is before it can appear to be mind boggling.

 

You requested a copy of the agreement vis a section 77/78 request...as you are fully legally entitled to do as a consumer.The assignee (that's Lowell) is a debt buyer...they buy defunct failed credit agreements from the original creditors...which have wrote off your debt...claimed tax allowance ..and then sold it for as little as 10p in the £1.

 

Back to your CCA request....instead of complying ( probably because there isn't one or cant get it) they have opted for litigation and issued the claim against you.I would hope that they did comply with pre action protocol and gave you notice it was their intention to sue you and allow you time to make proposals?

 

Nevertheless they are still in default of your section 77/78 request (they have 12+2 days to comply) and are therefore pursuant to the CCA1974 prevented from legally seeking/requesting relief for the said agreement (taking you to court).

 

So...as stated you have 3 options....

 

admit the debt and return the papers to the claimant.(automatic CCJ)

Partially admit the debt and submit a defence (automatic CCJ for the part admitted)

Or defend in full...for the above reasons I have stated.

 

Your first task is to register to use the MCOL service so you can deal with this on line (instructions are contained within the response pack)

Once registered you will be able to acknowledge service (this is acknowledging service of the claim)...you have 19 days to complete this from the date on the claim form...date on the claim form being day 1 )....ignore contest jurisdiction and then enter your plea...which I would advise to be defend all.

 

You then have a further 14 days to submit your defence (so you have 33 days in total) take time to look at other similar threads from the same claimant and you will see that invariably once a defence is submitted they usually discontinue their claim...this is because they cant provide the paperwork to substantiate their claim.

 

You can still opt to mediate during the process if you wish to make a regular payment plan and avoid a CCJ...but this option is only available if you intend to defend all.

 

Regards

 

Andy

Thank you so much Andy, it's a little clearer now. They did send me a Notice of Claim letter but it only gave me 11 days including 2 weekends from the day of receipt to act. Should I still send them a letter noting they defaulted on the CCA request or does that not matter any more.

What do I do first. The CPR letter or contest the claim and defend all plea. As I have 2 weeks to enter a plea is it better to not rush in and use the maximum amount of time allowed.

In your experience of these matters. If everything goes against me will I be ordered to repay an amount that isn't realistic to my financial position.

Andy

Thank you Andy.

If you can, could you help me a little further as I'm really struggling to get my head around this. I don't quite understand everything.

I originally requested the CCA as I wanted to buy some time and arrange to repay on my terms with an agreement I could afford. That seems to have backfired as they have ignored that request and immediately sent these court papers. I have now completely lost the opportunity to negotiate a repayment agreement.

What's likely to happen now. I have 2 small children at home and I have some debts I'm repaying that I have not defaulted on. I work and pay all my bills on time but I am in the process if clearing some arrears that I would have successfully cleared in the next 2 to 3 months.

Am I going to be made to pay an amount I cannot realistically afford.

I cannot thank you enough for the advice you have already given me. Thank you.

If you wish to steer this to a monthly payment arrangement and avoid a CCJ then you must defend all......then try to attain an agreement at mediation.

Thank you. Forgive me for asking what might seem obvious but this is all very alien to me.

If I defend all will it be guaranteed to go to mediation.

My options on the back of the court letter include the option of agreeing but asking time to pay As I've not been advised to take this option is that because they will not try to reach a amicable agreement with me.

Again thank you for trying to help me.