Lowell/BW Claimform- Vanquis Card - poss SBd***Claim Dismissed***

[AndyOrch]

Have you not already got the court documentation...Notice of Allocation (N157) ?

[Martyn1984]

No. We haven’t heard anything from them since the last time I posted about the mediation.

 

When I check on the moneyclaim website the last thing it says is directions questionnaire received from claimant back in May.

 

Is this an unusual step they’ve taken?

[AndyOrch]

Unusual that the claim has not been transferred to your local county court...check with MCOL Northampton and inform them you have not received Notice of Allocation (N157).

 

They obviously received your DQ otherwise mediation would not have contacted you.

 

Andy

[Martyn1984]

Ok I’ll get my wife to give them a call.

 

What about this BW Legal letter?

[AndyOrch]

Lets see what response you get from Northampton first...hopefully there has not been an error.

[Martyn1984]

She’s spoken to the court who didn’t actually know what was happening? Nothing further has happened since we said no to the mediation.

 

Been told they are going to look into it and call us back. At least we haven’t missed any documentation or important dates.

[AndyOrch]

[Martyn1984]

No phone call today but logged onto moneyclaim website and today the case was allocated to the local court so I guess it’ll start moving forward now.

 

With regards to the BW letter and documents, do I need to do anything?

 

Thanks

[dx100uk]

as for all they've sent

as post 39.

and post 50 defence...

 

last payment by their records 28-02-2012 - hung by their own paperwork...claim date ...6th March 2018 .....statute barred

does matter what else they've sent doesn't undo SB..nothing can!!

 

await your notice of court date

 

the SB witness statement time.

 

dx

[Martyn1984]

Received the notice of allocation to the small claims track requesting witness statements and copies of documentation.

 

The letter doesn’t have a court date it states we have until 25th December at 4pm (of all days!) to provide WS and documents and once received a notice will be sent with date and time of hearing.

 

I’ve had a look about and to be honest I’m a little lost with writing the WS, as it’s statute barred what am I meant to put in a witness statement bearing in mind I don’t really have any documentation.

 

I only have copies of the PAP I returned and Royal Mail signed for receipt to prove it was signed for, same for the CPR request, they never replied to either. I have a copy of the statement with the last payment that they provided, is it worth showing that?

 

Many thanks.

 

I've had a go.... is either of these ok? I can provide copies of the signed for receipts if need be?

 

Claim No

Claimant Reference number :

Between :

And :

Witness Name and address:

 

OPTION 1

 

1. I, *** am the defendant in this claim.

 

2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued

 

3. No payments or written acknowledgement have been made to the alleged debt since February 2012

 

4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred.

 

OPTION 2

 

 

1. I, **** am the defendant in this claim.

 

2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued

 

3. No payments or written acknowledgement have been made to the alleged debt since February 2012

 

4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred.

 

5. On 24 January 2018 I received a Pre Application Protocol

 

6. I returned the completed Pre Application Protocol requesting further information; this was signed for on 18th February 2018. No response has been received and I would like the court to take this into consideration as the claimant failed to fully comply with Pre Application Protocol rules and initiated a claim within the time limits.

 

7. CCA request sent to claimant and was signed for on 19th February 2018; to date no response has been received.

 

8. CPR 31.14 request sent to BW Legal, this was signed for on 12th March 2018; to date no response has been received.

[AndyOrch]

Option 2...requires " a statement of truth "

 

Attach your evidence (receipts/CPR/CCA requests) and add " see exhibit 1/2/etc etc after points 7 & 8

 

I would also add a point 9.

 

9.It is therefore for the aforesaid reasons that the claim is denied and respectfully request the court strike out this claim.

 

Andy

[Martyn1984]

Excellent thanks.

 

Is the receipts for the signed for enough or would a screenshot with signature be useful also?

 

Should I also print a copy of the PAP I returned and add that?

[AndyOrch]

Either...and yes you can include a copy of the PaP .

[Martyn1984]

Once I’ve finalised the WS, should I send it straight away or is there any benefit to holding on a while?

 

Thanks as usual.

[AndyOrch]

Submit the courts on time.....hold the sols copy until you receive theirs

[Martyn1984]

Received the copy of BW Legal WS today...

 

Claiming that the default date is the cause of action and as that was 8th June its not SB'd...... we haven't replied to them or given any reason why payments were not made blah blah and ask the court to strike out our defence.

 

What now? Do we just wait for the court to send us the date and go and see what happens?

 

I’ve attached the WS received...

 

It also has all the documentation on the attachment on POST 75 but I didn't want to re upload it as our internet takes a long time to upload.

 

The final page we certainly never received and also, why did it take them from 19th Feb when they signed for the PAP to reply on the 16th March claiming the account was on hold... after they initiated the claim...? odd

BW Legal WS.pdf

[dx100uk]

Oh well they won't win on that rubbish

[Martyn1984]

Court date received.

 

Is there anything we need to do to prepare for this date?

 

Do we take a copy of all documentation?

 

Thanks as usual.

[AndyOrch]

If you have followed the directions you were given in your Notice of Allocation....then your all prepared...obviously you take all your documents to the hearing.

 

Andy

[Martyn1984]

So today was court day...

 

We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB.

 

So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents.

 

The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED

 

MANY THANKS to all who has helped on here couldn't have done this without the help on this site!

[jon8214]

Well done Martyn

[AndyOrch]

Decent District Judge......well done..thread title updated.

 

Regards

 

Andy

[Peterbard]

Martyn1984 said:

So today was court day...

 

We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB.

 

So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents.

 

The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED

 

MANY THANKS to all who has helped on here couldn't have done this without the help on this site!

 

Yes well done, the no documents defence is a killer for them.

 

Be interested to see whatnowblockquotelwidgetblockquotelockquote widget

[dx100uk]

great result well done CAG.

 

 

please consider a donation to keep us here helping if not already made

 

dx

[Martyn1984]

I will do DX

 

Dodgeball, what do you mean?

 

Is this claim being dismissed not an end to the matter?