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shimmertrap

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  1. Just come back to update you. I rang BW Legal and arranged a payment plan. My advice to anyone else ringing to arrange a plan is to make a list of all your outgoings before you ring , cos they caught me off guard and asked me on the phone, 'how much is your rent' 'how much council tax' 'how much is your food shopping' etc etc. I didn't have a chance to make it work for me and ended up estimating most of it, which isn't great! I ended up with around £130 a month left over after they did that. They said they wouldn't ask for it all, but they considered £50 a month to be an affordable amount, so I just went with it. I was just too worn down by the stress of it all that has been constantly on my mind for months. I actually feel immense relief that it's kind of 'over' and I don't have to go to court now. Although I would obviously rather not pay anything, I am just reminding myself that I do actually owe this money and paying it back is the right thing to do! Thank you to everyone who helped me and advised me on this thread, your time is truly appreciated.
  2. Thank you DX and Andy, I really appreciate both of you advising me. I was thinking that if they got a CCJ against me then the judge would only make me pay what I can afford? This is realistically around £10 a month at the most! Once a CCJ is in place, then BW Legal need to leave me alone as long as I keep up the repayments? They can't get bailiffs to come and take my goods unless I don't keep up the repayments? I can live with paying £10 a month to them if that means I can relax and stop worrying about it 24/7. So, if I write to the court to say I won't be attending the hearing and let the judge decide, what would the next step be? I assume the judge would say I need to pay in full immediately, which I obviously can't. How does it work with negotiating payments on the CCJ? Is this done with the judge?
  3. Hi Andy Thanks for your input. I am getting really worried now that they do have enough and any judge would look at me like a waste of space! If I was to offer £5.00 a month, which is ridiculously small, they are surely going to turn that down and end up taking me to court anyway? I honestly have tried to find similar situations to mine in the threads here, but I can't find any that have gone as far as this: DCA actually coming up with the requested paperwork and taking me to court!
  4. One more thing before I disappear again for a while! Dx, you say they need the T&C's, but I didn't ask for them in my defence. They have produced everything I asked for.....haven't they? I've tried looking this one up and gone through some more threads on here, but I can't find any info on this T&C's bit. I am assuming this will be my last line of defence if it does go to court? The letter I received from the court (and I'm sure you are familiar with the jargan!) says that I need to file my own signed witness statement 14 days before the hearing. Should I start preparing this and include the bit about the missing T&C's? Is there anyone here who can help me with that nearer the time please?
  5. I did think it was a last desperate attempt to try and get me to cough up and I have to admit they are brilliant at their 'big scary monster' job The closer this gets to going to court the more terrified I get. When you say I probably won't have to go to court, what do you mean? I have a court date of 16th June? If BW Legal do decide to discontinue, will they inform the court and then will the court tell me? So, now I do nothing for a while? If I hear nothing from BW Legal or the court by beginning of June, shall I come back to you and ask for further help?
  6. Hi again. Those are all the documents I was sent by BW Legal. I don't have any T&C's of the credit agreement? In other news, I received a letter from BW Legal today offering me a 20% discount on the debt. They say : We have been notified by the court that you have filed a defence to our client's claim. Whilst our client believes that your defence is unlikely to succeed, in order to avoid either party incurring further costs, our client has now instructed us to propose an offer of settlement to you. The Offer Strictly without prejudice, our client is willing to offer a 20% discount on the principal debt plus any interest accrued on the principal debt. If you can't afford to pay the discounted amount within 14 days don't worry, our client would be willing to accept repayments of the discounted amount at an affordable rate each month. The offer expires on May 9th. The letter ends 'Should you refuse the above offer, we will seek our client's instructions with regard to obtaining a County Court Judgement against you for the full amount owed, including costs and interest.' Should I take this offer? Would it mean I won't have to go to court? What would they deem to be an affordable amount?
  7. Sorry, I was getting you confused with dx who replied yesterday! Dx said to email it if I couldn't do the editing bit, which knowing me will take hours, so I thought it would be quicker to just email
  8. OK, I'll pm you for that secure email address as soon as I've scanned it
  9. Hi again I have access to a scanner tomorrow, but to be honest, after digging out the Witness Statement and reading it again, it sound like I don't have a chance of a defence here. They have included with their statement: A photocopy of Credit Agreement dated 5th July 2009 and clearly my signature is there. A copy of a letter addressed to me assigning the debt to Lowell on 18th May 2012. A copy of a letter addressed from Lowell Group introducing themselves and explaining the debt had been sold to them on 18th May 2012. A copy of a record of value of good ordered and payments made by me between 7th July 2009 and 4th November 2011 with a default date of 17th May 2012 A copy of a screen shot from original creditor of state of the account and saying 'debt manager sold of £.... to Lowell Group on 21st May 2012. In the actual statement they say under 'Defendent' Defence' that 'The Defendant's defence is a bare denial of the debt, and a mere request for documentation. The Defendant's Defence does not raise any triable issues. Also: 'The Claimant is embarrassed by the lack of particularity in the Defendant's Defence, however, the Claimant will attempt to address the issues raised notwithstanding the fact that the Defendant has provided insufficient detail or any tangible evidence in support. and: The Defendant's Defence holds no merit, and serves no other purpose but to obfuscate. Then: The Claimant therefore respectfully requests that the Defendant's Defence be struck out and Judgement be entered against the Defendant. So, there it is Please be honest with me if this sounds like I don't stand a chance! Can I ask, what would happen if I let the court know that I won't be attending the hearing and let them hear it in my absence? There is really nothing I can add to my defence now and I really really don't want to have to go through going to court. If the Judge strikes out my defence, will I then get a CCJ? Then I will have to fill out an income & expenditure form showing I can only afford £5.00 a month? Lastly, if you still want me to scan the whole thing, I'll get that done tomorrow and email you it as suggested. Thanks again for your help
  10. Thank you. I don't have a scanner, but I can get access to one tomorrow or Thursday, so I'll do everything you said and I'll be back asap! Just wanted to let you know I had seen your message!
  11. Hi, I'm so sorry! I thought this was done and dusted as I received a letter saying the case had been struck out because BW Legal didn't submit their paperwork in time. I thought I had come back and update you, but it seems not Just received another letter from the court. It seems that BW Legal recently emailed the court (5th April) to say that they emailed their witness statement on 19th November, but it seems the court did not receive it. BW Legal have attached a copy of the email. This time it's a General Form of Judgement or Order and says the Stay is lifted because the claimant DID comply but the documents weren't received by the court. Now it's been allocated to the Small Claims Track and saying it's suitable for mediation. I also have a date for a court hearing (16th June). So that's where I am at now. Any advice would be helpful and appreciated. I really don't want to go to court and feel like giving up now I've read on the form that I don't have to attend and I can just file a with the court and serve the opponent,my witness statement. What happens if I lose? think by this stage, I probably will as they just aren't letting it go. Should I go for mediation and offer £5.00 a month or something? Or is it too late for that? Lastly, I'm sorry I didn't type up their witness statement, it's pages long and would take hours to type up, but if it will still help now, I will get started! Thank you for any help you can give me.
  12. 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.
  13. 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
  14. 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?
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