Lowells/BW legal - ClaimForm old CAT 'debt'***Settlement Agreed***

[AndyOrch]

No...not a,b,c....just a truthful response to their 3.

 

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.

 

Did you fail to make payments and did they send you a Default Notice ?

[shimmertrap]

So would the following paragraph be okay?

 

The defendant is unaware of any contractual payment or terms of the agreement and has no knowledge of a default notice being served.

 

or do I admit that I did make payments at first but was unable to continue because of financial troubles? These legal worded things may as well be in Spanish to me, I don't understand the jargon at all!

[AndyOrch]

So would the following paragraph be okay?

 

The defendant is unaware of any contractual payment or terms of the agreement and has no knowledge of a default notice being served.Not really as you do have knowledge of the Contract and are aware of the T&Cs and you have received a Default Notice from the OC.(as per the link you completed at the start of this thread)

 

or do I admit that I did make payments at first but was unable to continue because of financial troubles? These legal worded things may as well be in Spanish to me, I don't understand the jargon at all!

Then your defence crumbles.....

 

May I suggest.......

 

3.I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

[shimmertrap]

Thank you again. So I literally copy and paste this into the defence box on MCOL then? You have no idea how much I appreciate your help. I just didn't realise how thorough it all is!

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 78 request.

 

2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

 

3. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

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

 

5. 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.

 

6. On the 2nd June 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. 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.

[AndyOrch]

Yes copy and paste and await your automated acknowledgment.

[shimmertrap]

I have submitted it and it all seems to have gone through okay. MCOL say it's confirmed and that my defence was submitted on 1st July 2015, so looks like it went.

 

I can't thank you enough, really! Now please tell me what I'm supposed to do now so I don't make the same mistake of leaving it til the last minute again! Will the court contact me?

[AndyOrch]

You now do nothing until / unless the claimant wishes to proceed...they have 28 days to respond to the court ...if they respond you will receive Notice of Allocation...if they fail to respond the claim is stayed.

[shimmertrap]

I have just received the Notice of Proposed Allocation. Do I fill this in and agree to mediation?

 

Thanks

[dx100uk]

Yes

[shimmertrap]

Thanks, ok, I'm filling in this form. Can I clear a few things up as I really haven't got a clue what I'm doing

 

1. I have ticked yes to C - I agree small claims track is appropriate. Is that correct?

2. Is the Hearing Venue my own local small claims court?

3. No to expert written evidence?

4. No to witnesses?

 

What exactly happens with mediation? I get a phone call and we all chat I suppose, but what is the likely outcome usually? If I'm honest, I would like to not have to worry about this 'debt' and for it to all go away, but how likely is that? My defence so far has been that I do not remember such a debt and they have failed to provide evidence that I owe this debt. Do I just keep to that during mediation?

 

Thanks again

[AndyOrch]

Thanks, ok, I'm filling in this form. Can I clear a few things up as I really haven't got a clue what I'm doing

 

1. I have ticked yes to C - I agree small claims track is appropriate. Is that correct? Yes

2. Is the Hearing Venue my own local small claims court? Yes

3. No to expert written evidence? Correct

4. No to witnesses? 1...you

 

What exactly happens with mediation? I get a phone call and we all chat I suppose, but what is the likely outcome usually? If I'm honest, I would like to not have to worry about this 'debt' and for it to all go away, but how likely is that? My defence so far has been that I do not remember such a debt and they have failed to provide evidence that I owe this debt. Do I just keep to that during mediation?

 

Thanks again

 

Mediation most probably wont happen once you complete the mediation form and the claimant has failed to comply with any of your requests.....

 

Regards

 

Andy

[shimmertrap]

Thank you Andy, I really appreciate your help

[shimmertrap]

Hello again.

 

I got a telephone message on Monday asking me to call back to arrange for mediation on Sept 15th.

 

I tried calling back several times, but was kept in a queue for so long each time that I eventually gave up.

 

The last time I tried was yesterday morning after receiving another message on Thursday.

 

This morning I got a letter from the court saying that they had been unable to secure a mediation appointment and the claim has been transferred to the county court hearing centre for allocation.

 

That on receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to me in a notice of allocation.

 

What does all this mean?

 

Obviously I have missed the mediation thing, but any idea what is likely to happen next?

 

I never expected it to get this far

[dx100uk]

It hasn't

If the claimant wants too

And complies with the directions

 

STD practice if you read a few other threads here

 

Dx

[shimmertrap]

Update:

 

I've just received a letter from the court and I'm not sure what to make of it.

I'm assuming that if they can't produce these documents, that's the end of it?

 

Surely if they had these documents, they would have sent them to me ages ago when originally asked?

 

I wanted to update the thread to see what you thought and to give any one else following this at any point,

information on what happened as it happened!

 

I've found other threads really helpful in that way.

 

As always, thank you so much for your time and advice.

 

It is appreciated more than you know!

 

I don't have a scanner so will have to type the info here:

 

The letter is a General Form of Judgment or Order

 

Upon considering the court file

it is ordered that

1. The claim is allocated to the Small Claims Track and stayed pending further order.

 

2. The claimant shall, by 18th November file with the court and serve the defendent with:

a) Copy of original agreement that forms the basis of the original debt

b) Copy of the statements of account that shows the original transactions on which the claim is based, limited to the lst ten pages of active transactions.

c) Copy of the notice of assignments alleged to have been served on the defendant.

d) A statement, verified by statement of truth setting out how the figure of £3834.36 is calculated and in the event that there has been more than one assignment of debt, setting out the history of the debt and its assignment.

 

3. The claim will be restricted at any hearing to reliance on the documents disclosed.

If the claimant is unable to produce any documents as listed in paragraph 2

it must file and serve a statement explaining what search has been made and why it cannot be provided.

 

4 If the claimant fails to comply with the entirety of paragraphs 2 and 3 of this order its claim will stand automatically struck out.

 

5. The file will be referred to a district judge for review and if necessary for listing of a hearing after 2nd December.

[dx100uk]

bottom line is lowells have until the 18th nov

to produce the docs & that they are enforceable

else the claim will be struck out [never existed]

 

 

in other words you'll win by default.

 

 

dx

[shimmertrap]

Thanks, I will come back and update when I hear something new.

[dx100uk]

As long as there's nowt in the directions that you must do?

 

Dx

[Guest]

thats a decent court order, by the courts own initiative?

 

thanks andy for getting that defence just in time.

[shimmertrap]

Hi again. Not sure whether to panic or not at the moment!

 

I've just received a letter from BW Legal with a Witness Statement from XXXXXXXXX, setting out how I do owe the debt and that my defence is based on denial.

 

In the statement he has apologised for the delay in getting the documents requested.

 

Attached to this, ARE copies of the documents, my signature, records of payments made etc etc etc :

 

( They are asking the court to strike out my defence and a judgement be entered against me. This all seems like the end now. They have won and I will have to pay

 

. The only thing that I really want to ask here is this:

they had until 18th November to get these documents to the court.

The witness statement is dated 19th November.

How strict are the court going to be?

Its only a day late.

 

If the court decided to do as they ask and strike out my defence,

what will happen then?

Will I have to go to court?

Edited November 21, 2015 by Andyorch
Removed name of witness statement

[AndyOrch]

Can you post or type out the contents of witness statement (less any identifiable ) ......

 

Regards

 

Andy

[dx100uk]

with all the threads you've read shimmer

you've seen that response several times already from bw or carter.

[shimmertrap]

Sorry dx, I have tried looking through the threads in the past and never know what to look for. I will try again though as I don't want to waste anyone's time unnecessarily. If I'm still stuck, I'll type up the statement

[dx100uk]

I didn't mean that way

I meant you should have seen that same responsea on other threads

 

Nothing to be worried about

They all say that

 

You certainly weren't nor are wasteing anyone's time...

 

Pop up that wS

 

Dx

[shimmertrap]

Should I just wait to hear from the court now then?

 

I have just spent half and hour scouring threads and couldn't find anything similar to this.

 

Is there a particular term I should be 'searching' for?

 

I keep finding threads that only go up as far as the last bit that happened before this Witness Statement turned up today!

 

I was so sure it would be struck out as they hadn't been able to produce the documents before now.