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lowell/bw claimform - old cat 'debt'


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Responding to your PM DOlly

 

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

 

Regards

 

Andy

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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.

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Have unapproved your attachments in post

 

You have left the claim password visible and one or two other references that could identify you.

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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.

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

 

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

 

They still have not complied with the CPR request or the original CCA request. CPR is a civil request and not mandatory CCA request is a legal request and if unable to comply within the 12+2 days then they are in default and prevented from enforcing the agreement or seeking any relief.

 

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

 

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

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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.

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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.

 

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 ?

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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

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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. The court will state when they have to disclose...thats the way it works...defence first ....disclosure after allocation

 

Do they not have to at least comply with the CPR request to be able to proceed. No.... its a civil request from you...they are not compelled to respond

 

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.

 

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

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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.

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