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

[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

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Niddy, ATW

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

[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

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

[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

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

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

[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

Hold fire. I'll speak to andrew mate.

[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.

[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

[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

Ok gonna ring em now and go for option 1

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok just got off the phone, they said the account will definitely remain on hold until they are able to comply with my request for documents, I told them the offer does still stand and she is going to her colleague with it and is going to get back to me on that one

[ATW]

Re: Court Claim from Lowell - Orange Contract

have they got back to you about the offer yet? I appreciate that they say they will put matters on hold but they are not permitted by the CPR to do what they are doing. CPR 15.5 gives limits to an extension between parties and you are now outside of those limits. The threat of an application with a request for costs due to unreasonable behaviour might make them take your offer more seriously. I can do an outline for you if you want to try that approach.