Lowell (Orange) v LifeOfRyan **SET ASIDE**

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

I'd suggest you make the same offer and call them as per point 1 over the page made by andrew.

Dont get cocky. Not worth it IMO

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

The 28th day from the claim form was March 25th, but I asked for an extension with them under CPR 15.5, and notified the court. To which BW replied stated that the account will be put on hold until they obtain documents from original creditor and they agreed to extend until today.

'We can confirm that this matter will remain on hold whilst we obtain the documents you have requested from our client. We agree to your request to an extension of time until 15 April 2014.'

I think my offer was rather generous considering they have provided no proof, or any explanation as to why it came to the amount its at now, so I'm thinking now I should keep that offer on hold, until I get that proof. They ignored my generous offer, so I think until they provide that info which I'm entitled to, i should not give them a penny as they have proved nothing so far. You guys are the experts though so I'd like to know what you think about that

[ATW]

Re: Court Claim from Lowell - Orange Contract

I havent been back through the whole thread. Is today the 28th day form the date of service of the claim form? If it is then that is the maximum that can be agreed without making an application to the court. If today is the last day you have the following options:
1. Ring em and chase a reply to the offer of settlement in full and final which is to be recorded by way of tomlin order. Tell em if they dont accept you wil apply for an extension and also an unless order/strike out and ask for costs due to unreasonable behaviour and that the claim is not yet allocated (I do not think that it being unallocated at this stage wil really get you costs but its worth throwing in and with unreasonable conduct it gives you a better chance of costs).
2. Put in a simple defence putting them to strict proof and pointing out that the documents were requested but have not yet been received so you may need to replead later as they only have a vague case against you at the mo.

Personally i would go for option 1. You have already made the offer and its not been rejected so a little nudge in the right direction now might lead them to take it.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Hold fire. I'll speak to andrew mate.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Just to let you all know, I have still not received the documentation which I requested, in the letter posted above it says the account is put on hold until today April 15th whilst they obtain the documents, but I've heard nothing from them, again.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

depends what is in the contract mate.... don't worry, I will try and get round to looking at this before Monday.

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Niddy,

Are they permitted to increase the debt over and above what is claimed on the N1?

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

ok lets see what they do then, muppets aren't they!!

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Good Afternoon Guys,

My son has had a reply from BW Legal, it refers to the letter of offer made on the 3rd March but no reply to that offer but goes on to note the request for documentation as if that was made on the 3rd March which it was not it does not quote the date of letter for the request of docs made by SD Post.

However they have agreed to the time extension but the amount owed has gone up again too £452.00 from the £408.00 on the N1 Claim Form?



Thank you

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Have sent the letters via special delivery so that they are guaranteed to arrive tomorrow. How expensive are royal mail now!? cor blimey!

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Niddy, ATW

Thank you both sterling work allows me to concentrate on my battle with DWP

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Good lad - get them posted recorded so that you get evidence of postage and keep us updated - obv email Andrew direct and chase him if you need specific answers mate....

He said he'd help you with this as you're Pompeys lad

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Yes but Andrew is writing something for you isn't he? It might be best to pm him (ATW) and clarify what he's doing as you may be easier sending him a recording of the call via email.....

PM Andrew please mate

Yes mate Andrew PM'd me letters have replied dont think he's seen it yet though.

"I have today spoken with the Claimant and they have agreed an extension of time for the defence until the 22nd April under CPR 15.5 whilst they obtain documents that i need to be able to draft a meaningful defence. A copy of this letter has been sent to the Claimant."

then do a letter to them

"Enclosed i a copy letter that i have sent to court regarding the extension of time that was agreed for the defence under CPR 15.5. I put you on notice that if a further extension of needed beyond the 22nd April then i will have to make an application to the court as CPR 15.5 does not allow us to agree anything beyond the 22nd April. If i make an application i will also apply for costs "

Andrew said that should prevent them getting a default judgment and will set up my application which will put me in a better bargaining position.

[Never-In-Doubt]

Re: Court Claim from Lowell - Orange Contract

Yes but Andrew is writing something for you isn't he? It might be best to pm him (ATW) and clarify what he's doing as you may be easier sending him a recording of the call via email.....

PM Andrew please mate

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

I do have the conversation recorded, I specifically asked if its ok for an extension under CPR 15.5 to which she replied 'Well, when we request for a statement to be sent out that halts the account anyway' I can upload if its necessary. So i think i will take Andrew's advice inform the court of extension agreement. What do you think Niddy mate?