Lowell/BW legal/Additions direct

[AndyOrch]

You need to address their points 3 & 4...with a response ......the rest is ok.

 

Andy

[flembo45]

hi andy, it is too late now because i defended, but was did not check for your response, but what were points 3 and 4, I just used the holding/no paperwork defence because i have not recieved anything at all from lowells , and bw legal just said that they will try and locate paperwork, nothing has arrived from my SAR.

[AndyOrch]

This is their points 3 & 4 as above...

 

3.the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

4.The claim also includes statutory interesticon pursuant to section 69 of the county courts act 1984

at a rate of 8.00 % per annum ( a daily rate of 1.32 from the date of assignment to the date of issue being and ammount of 483.12.

 

 

You didnt respond or reply to their points......its fine to use the holding defence from other poster,s threads but you have to edit it to fit your particulars...as everyone,s particulars are different

[flembo45]

thanks for replying andy, but as i have already submitted my defence, will my not putting points 3 and 4 in affect the claim, or can i amend the defence after being submitted.

i have still not received any paperwork at all from anyone, apart from the reply from BW saying they were sending for it

 

thank you

[AndyOrch]

Its a pity you missed the Default Notice (3)...not to worry..if it proceeds you can pick it up in your Witness Statement.

[flembo45]

hello dx or andy

I have received nothing at all from additions,

 

 

i received a reply from BW saying they were looking into things.

 

 

But i have now received a letter 3 days ago from BW saying they intend to proceed with the claim,

and today i have received a notice of proposed allocation to the small claims track and a directions questionaire from northampton court.

 

I would never be able to stand up and speak in a court,

 

 

but i do not know what to do because i have still received no details at all from any company regarding this case.

thank you for any help you can give.

[AndyOrch]

Complete the N180 ...tick yes to mediation...the rest is self explanatory.See if the claimant files theirs and if so you will be offered the opportunity to enter in mediation....dont worry about court just yet.

 

Andy

[flembo45]

thanks andy

[flembo45]

Hi Andy or DX,

 

i have today recieved a letter from court entitled notice of transfer of proceedings,

it states that they have been unable to secure a mediation appt,

so the file has been transferred to Manchester Civil Justice centre,

and that I am to await the judges directions as to what to do.

 

 

As I have said before,

I have had no information from BW legal, or any information from additions

so i do not have any details whatsoever about this claim. about any charges,interest, etc

or whether the agreement is enforceable.

 

 

As I have said before, there is no way that I could stand up in court and speak, so I don;t know what to do next.

 

thank you

flembo

[AndyOrch]

Normal procedure...wait for the directions...long way yet to trial in which they must disclose the documents before.

 

Andy

[flembo45]

hi Andy or Dx,

just had the notification of allocation to the small claims court. with a listed time of 10 am on 9th April.

 

 

what do i need to do now, or do the claimants now have to send me any documents they may have to back up their case,

 

 

as i still do not have any details whatsover about amounts due, charges, etc

 

thank you

 

flembo

[AndyOrch]

What does it state in your Notice of Allocation ? Directions?

[flembo45]

hi andy,

 

all i have got is the notice of allocation claims track (hearing)

 

this says that the claim has been placed in a list for hearing on 9th April. at manchester county court.

a hearing fee of £335.oo is payable by 20th February by the claimant

unless i make an application for a fee concession.

Failure to pay the fee will result in the hearing being removed from the list.

 

then it says about paries being referred to part 27 of the civil procedure rules.

 

there are a load of other notes about witnesses, witness statements.

if you need all of the details i could scan them again and upload.

please let me know.

 

thank you

 

flembo

[AndyOrch]

"then it says about parties being referred to part 27 of the civil procedure rules there are a load of other notes about witnesses, witness statements."

 

Then thats what you have to do next by the dates stated...they are not notes ...they are the courts directions.

[flembo45]

thanks andy,

i will check all information,

 

 

but as i have said before,

 

 

i would bever be able to stand up in court to dispute anything

 

 

so if i am to get a ccj,

 

 

i need to minimize costs,etc.

 

 

But I still have no information or signed agreement from any of my previous requests.

flembo

[AndyOrch]

You wont...disclosure comes after a defence...that is what the directions is requesting now...read it slowly and carefully...don't miss a date.

[flembo45]

thanks andy,

i have read directions from court but

 

 

as far as i can see, i have no paperwork at all

 

 

will my defence be that i have no information to defend the claim.

 

 

part of the directions are that each party must deliver to the other party

and to the court office copies of all documents,

 

 

but once again i have no documents to send or to read for information.

 

do i just produce a statement to the court saying that I cannot defend a claim that i have no information about

[AndyOrch]

You do have paperwork to disclose...copy of your CPR 31 a copy of your CCA request ...their responses...any other letters they have sent you...pre and post litigation.

 

That is your standard disclosure...your witness statement must be an account in your own words to supplement your defence.

[flembo45]

is this different from a credit card then,

 

where my response to that is prove you have the agreement and show it in court,

 

or are things exactly the same even though it was a additions catologue from 2003.

 

the only paperwork i have is letters demanding payment, and the court papers since.

 

I buried my head in the sand because whatever i owed i could not pay once my husband left.

 

But i dont want to give money to a debt collector when the original debt was written off years ago.

 

thanks andy

[AndyOrch]

No different defending a Credit Card or Loan or Catalogue or telecom claim ...the process is exactly the same

[flembo45]

thanks andy,

 

so as my defence in court

 

 

do i say to them prove it,

 

 

or would i have to appear for that to happen,

 

 

or could that be put into a written defence to the judge

[dx100uk]

you have already put in your defence long ago.

 

 

they have failed to provide any relevant paperwork like a signed agreement etc etc

 

 

unless/until they do, you certainly wont be going near any court room or judge.

 

 

"your witness statement must be an account in your own words to supplement your defence."

[flembo45]

hi again andy,

 

it is near the time to complete my witness statement to court,

 

do i just admit that i had an agreement with additions,

 

give the dates that i requested CCA, etc,

 

and explain that there has nothing at all come back to me,

 

so i cannot explain any details amounts, etc.

 

thanks in advance

 

flembo

[dx100uk]

sort of yes

 

 

there are numerous WS's here from andy already have a browse and have a go

 

 

dx

[flembo45]

Hi Andy or Dx,

i have searched for witness statements, but on reading the allocation paper from court it states that I must deliver to the other party,

and to the court a witness statement along with copies of any documents i or they will rely on no later than 14 days before,

 

my problem as i have said before is that i do not have any documents, even though I have made a CCA request, CPR request, etc.

 

I take it that my statement should be that I am defending this case,

but I have no documentation at all to defend against.

 

 

sorry to sound stupid,

 

 

but my defence is that I have no proof of debt, monies owed,

 

 

do i just say that in my witness statement.

 

 

Does the same go for Lowell,

 

 

are they supposed to send me any documents they have no later than 14 days before court.

 

thank you

 

flembo