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Found 26 results

  1. Here's a brief run down of history of my situation. I regularly parked in the Providence Street, Wakefield carpark, operated by Excel, and generally used the Ringo App to pay for parking. My usual habit was to park the car and then whilst walking to the office, use the app on my phone to make the payment. On the 2nd May this year I was unable to make payment, errors connecting etc. Each attempt to pay resulted in failure. On arriving at the office I tried to log into my account using the desktop PC, again there were difficulties with logging into the site. I eventually suceeded in making the payment. By this time 1 hour 18 minutes had passed between entering the carpark and making the payment. I thought nothing more of it until the notice from Excel, for not displaying a valid pay and display ticket. I responded via email pointing out that a ticket had been purchased. Their response was that sufficient time (10 minutes) was allowed for purchasing a ticket and that 'payment for parking had not been correctly made'. An appeal was made through IAS, which was, without any surprise, found in favour of Excel. The matter has been placed in the hands of BW Legal who are pursuing the matter. I have had two letters from them, both have gone unaswered. The first stating they are acting for Excel. The second pointing out that I hadn't responded to their first letter and advising of the possibility of County Court Proceedings. The initial claim from Excel was, and appears to still be the case despite providing a copy of the receipt, that I stayed for 528 minutes without payment. They don't appear to be bright enough to switch their claim to being that the 10 minute grace period was exceeded and not that a ticket wasn't purchased. This leads to my request for advice / information. I have attached a PDF showing Excel's handing over of the issue to BW, and BW's confirmation of the instruction. I've also included a photo of the sign at the entrance to the carpark and outlined in red the statements that assistance is requested. 1) Does the PCN £100 section bear any weight? As I didn't make a payment until 1 hour 18 minutes after parking, was any contract entered into? If not is it possible to "breach the T&Cs"? Would it stand up in court? 2) The T&Cs for the site are situated at the ticket machines, some 30+ yards away from this sign. What weight and how enforceable is the section marked "!"? As pointed out in the appeal through IAS, Excel haven't lost any revenue. I paid £5.00 (12 hours) for parking and stayed 528 minutes (entry to exit times). The payment was late but had I managed to pay at the time of entering I would have paid £5.00 and stayed the exact same amount of time. My view and from what I've read in other postings, the best that can be held against me is that of trespass for the 1 hour 18 minutes between entering the carpark and purchasing the ticket. And, if this is the case, then it's not Excel that has the power to pursue this course of action. It is the land-owner that has to take it and that claim would be restricted to the amount of the loss of revenue / damage caused. In this case the grand sum of £0. My tack is to continue to ignore the communications from Excel and BW Legal and defend any County Court proceedings that they see fit to pursue. Any / all thoughts, advice and pointers will be greatly appreciated. Thanks for reading. Excel.pdf
  2. Hi, a couple of questions, I got a pay day loan with Moneyshop in 2016, they have never marked me with a default just missed payments. The debt as far as I’m aware is with BWLegal. I’m just wondering what BW Legal actually are, are they just a debt collection agency and the debt has been sold onto them or are they just chasing the debt for them. I’ve got an irresosible lending claim with the ombudsman at the moment against Moneyshop, I’m just more wondering about BW Legal and why they haven’t actually defaulted me. Thanks
  3. Hi As the title, I had received a letter from BWLegal dated 3rd July 2018, regarding a ticket from nearly 6 years ago; 22August 2012. Upon recieving the ticket in 2012, in my first instance I sent the following email to 'Premier Parking Solutions' On returning to my car this afternoon I found a fixed penalty notice on my drivers side window. This was a terrible shock to me, knowing I had purchased a ticket from the Pay and display ticket machine. once inside my car I realised the ticket I had purchased was on the center console of the car, I can assume that upon closing my car that the Non adhesive ticket that I had purchased and placed on the dashboard had been blown off by the gust of the closing of the drivers door. I have taken a photo and attached the image so you can see the purchased ticket. Please take this email as a formal appeal for the issue of the parking charge number …., with the reason why charged was issued ' No Valid ticket on display' After a automated reply all that time ago, I received many letters from so called debt collectors, and after reading advise online; I ignored. I did think after nearly 6 year, they would have dropped the case; not so. I have shot myself in foot in regards to not being driver. I have since contacted BWLegal, regarding the case within the 30 days they requested. I have also sent them a photo of the ticket via email, and asked for all documents of proof; They have now replied to the email with Photos of the car and the original letter of from Premier parking; but not any signage. What would my next course of action be? Would it be to request a CPR 31.14 by post? Is there any way of finding out if they have started court procedures? As I think if I can delay them a couple more weeks I would have taken them over the 6 years (Statute of limitations for civil cases). Thanks in advance
  4. After sending BW Legal a letter telling them i don't intend to supply the name of the driver. I also requested proof that our leasing company had provided the name of the driver. We asked them the usual: 1 Is this land part of the Airport as defined in the byelaws? Yes or No. 2 What type of car park is it? 3 What contravention gives a cause of action? 4 Who contravened your rules? 5 Who you are pursuing? 6 How is the £160 made up? We've also stated that would be our final response and that we would be happy to defend a court claim. To which we've received no responses other than an invite to pay a discounted offer. Any suggestions on what to do next? I'm happy to ignore and wait for court letters but i don't want to put myself into a dodgy situation regarding the legal correct 'thing to do' All info/advice really appreciated and i hope i've followed protocol in starting this as a new thread.
  5. Hello All In 2012 I took out a payday loan with PaydayUK for the sum of £400. At the time of taking the loan out I was on a low income and I wasn’t able to pay my rent I took out the loan to cover rent costs - stupid idea I know but at the time I had no other way of getting the money I didn’t pay this loan back as I couldn’t afford too. I vaguely remember contacting them to advise them of this but they were really unhelpful and I just ended up not paying and I heard nothing for 5 years. In December 2016 I received a letter from PRAC/BW Legal saying they have purchased the debt - I ignored this and heard nothing further up until now . I have received 2 emails from them also - they were just copies of the letters I had received in the post The most recent letter (final request for payment)states that if I don’t contact them within 14 days, my account may considered for legal action and it states that the next letter I receive will be a letter of claim prior to the issuing of a county court claim BW claim I owe £420 and I think this is incorrect . I decided to check my credit reports and my bank account. On my credit report it states I borrowed £500 and I know for a fact I did not take that amount. I also checked my bank statements and it shows the payment of £400 which was paid in - and it also shows that they had taken a total Of £314 over various payments with my card from February to May 2012 as they had CPA - I remember at one point they completely cleared my account and they gave a me a measly refund of £34 - I remember calling them angrily as they’d completely emptied my account and stated that they would keep on taking money from my account so I think I may have cancelled my card. I have not made any other payments and I have not had any contact with payday uk or PRAC/BW Legal I’m assuming they are getting heavy handed as I’m pretty sure it’s getting close to the 6 Years (not sure how I would find out when the 6 years is up) Just wanted to know what action I should take? What is likelihood of them actually taking me to court Any advice will be greatly greatly appreciated Thank you in advance
  6. First of all, thanks for the great forum and I am sorry that my first post is a request, it would have been nicer to have helped someone else first. In 2011, I received a parking notice from a privately owned car park. This was at st andrews retail park Hull (HU3 4EB). I initially disputed the notice by phone for the usual reasons that there is no contract and the car park is free for two hours, but also based on the sign and situation. I was only parked for about 10 mins as I popped into Wilko to get a fuse for the car. However, I had parked in a Taxi bay at the front of the car park. It doesn't look like it was part of the main car park at all and the standard Excel sign made no reference to not parking in a Taxi slot (not an official taxi rank, but a few spaces for taxis to wait), just the usual "Park within authorised bays, do not park to cause an obstruction, or obstruct other vehicles, entrances, exits, pedestrian walkways, doorways, emergency exits or emergency vehicle access." I disputed this by phone and then unfortunately ignored letters sent (which I have not kept all of them). I don't think that the sign is clear for parking in a taxi slot and there were no taxis. Also, it was a distress purchase. Now I have received a Claim Form (claimant Excel Parking) which appears to be from the County Court Business Centre (Northampton NN1 2LH). Also a letter from BW Legal titles Notice of County Court Claim Issued saying they have issued legal proceedings as I have failed to make a payment. The claim is £270 (£100 +£41.92 interest, court fees £25, Solicitors costs £104). They say they may enter a CCJ against me if I do not contact them or reply to the court claim. I am not sure what to do next. I don't want to go to court and this looks official. Does this mean that I already have a court claim against me? Any help appreciated and I am more than happy to donate to the site for any advice received. I hope that I have given enough information.
  7. Hello everyone. This is my first thread. Today (17/08/16) I have received a letter from a company called BW Legal, they are very popular name on this forum it seems! In mid 2012 there was a fire at my home and my home insurance paid for my to live at a premier in for about 2 months while the house was repaired / renovated. The hotel carpark was run by excel parking and was a pay and display. It was about £9 ish per 24 hour Period and had to be paid in coins only. One day i over slept a bit and I was about 30 mins outside of my 24 hour period. Fair enough. based on the fact I had been parking there every single day for 30 or 40 days. My vehicle was quite distinctive as it had a huge Angry bird on the dash. I thought based on the fact I had already paid hundreds of pounds and always had a ticket the attendant would give me A bit of time as it was the same guy everyday. But obviously not. I didn't pay the ticket as i think it's completely unfair and excessive to expect someone to pay £100 for 30 minutes without a ticket when I purchased back to back 24 hour tickets And renewed my ticket after coming down and finding the PCN. Low and behold, 4 years later I have received a letter from BW Legal saying I owe them £154. £100 for the initial parking ticket and £54 for their legal costs and if they don't receive this in 16 days they have been asked by their client to start legal proceedings. This is the first letter I have got from anyone and I was quite surprised to get it so many years later. What advice would people give at this stage? Ignor? Send a debt denial letter? Any other advice? Thanks in advance.
  8. Hi, I was issued a Final Notice from bwlegal 18th July for an alleged contravention on 28/03/2016 I sent a hand written letter in April which I have annoyingly misplaced the copy of along with the original PCN letter from VCS. I have had another letter from VCS stating it was too late to appeal and then a letter to notify it had been passed to their legal team, bwlegal. This was with the first letter from bwlegal that they have been instructed by their client of a balance due etc. Then the Final Notice letter. I have read a few threads on the forum from people who were issued a similar PCN by the same company and the template letter used. I have used that template and was going to send the below response to bwlegal but was just after some additional opinions or advice if this seems an OK way to proceed. 28th July 2016 Dear Sirs Your xxxxx I refer to your “Final Notice” letter dated 18th July 2016. Firstly, I have no intention of paying the money demanded by your client and any court proceedings will be vigorously defended. Second, I wrote a letter in April to your client clearly explaining the mitigating circumstances why I had pulled over which was to tend to my 2 year old daughter who was being sick. I was stationary for less than 10 minutes and did not switch off the engine! Third, should it be your clients intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Paragraph 2 of the Practice Direction on Pre-action conduct. Please note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions. In the meantime, you should note that this charge is disputed and you must now refer this matter back to your client and cease and desist all contact with me. Failure to do so will result in a complaint to the Credit Services Association. I trust I have made myself clear. Yours faithfully ----------------------------------------------------------------------------------------- Thanks, B
  9. This relates to an alleged parking offence of parking without purchasing a valid pay and display ticket. Back in January a relative parked in the said car park and purchased a pay and display ticket but didn't enter the full registration number on the ticket via their machine - we still have said ticket/receipt for the alleged offence. DRP wrote to them demanding payment of an unpaid parking charge £160.00. In it it mentions the Supreme Court landmark court decision on unpaid parking charges - blah,blah,blah - ignored Then followed by DRP Notice of intended court action for unpaid parking charge £160.00 I wrote a response of sorts but the laptop the document was saved to has died and can't remember what was written. DRP replied offering a lesser amount to settle of £128.00 if its not paid they'll recommend their client take court action, blah, blah - ignored As no payment was received DRP then offered a reduced amount of £136.00 ignored Vehicle Control Services then wrote and said they were not accepting further appeals at this time and suggested we pay their debt recovery team - ignored Then came along letters from Zenith - they wrote to them stating that their client Vehicle Control Services Ltd were pursuing a parking charge notice (PCN) and the reason for issue stated " parked without purchasing a valid Pay & Display ticket for vehicle registration". For this they requested a charge of £79.99, which was naturally ignored. A further letter 'urging them' to pay the £79.99 again ignored. Now a few months later a letter was received from BW Legal (FINAL NOTICE) and the balance has shot up to £154.00 which was ignored and this week a further letter from BW Legal (LETTER OF CLAIM) has arrived, in it they mention the beavis case which I am aware means nothing to this situation but they have broken down the fees if it goes to court which amounts to £235 + I have read various threads and they do occasionally take matters to court which is not the result were after obviously. How can we tackle this please?
  10. hi all just received exact same letters as theboycarra in march. mine was from an incident in 2012. any update on your experience.any advice please
  11. Hello all, I Received a letter from BWlegal dated the 18th of April 2016, on behalf of their clients Lowell Portfolio 1, that they will be commencing legal action and issuing a claim at the county court in respect to a debt. If payment or response is not received before the 5th of May they will issue the claim without further notice. I've done the necessary research before troubling yourselves and just want to confirm that I'm on the right track So a little background on my debt. This debt was originally with JD Williams under one of their mail order catalogues. The amount was under £80 but with charges it rocketed up to £437.93 (county court claim states this will go up to £687.53). With my other debts I managed to contact Barclaycard etc. and reduce the debt, but Lowell have refused any sort agreement similar to the others. I therefore refused to pay and put it on the back-burner. They have sent Annual statements on the 17th March 2016, with the line "...sent to you as required by the CCA 1974. On this statement they state that I have made no payments which is true and that the original agreement was made in 2008. Am I right in saying that this indicates the debt is statute barred? Should my next move be to request a CCA from Lowell, sending a copy to bwlegal of the request? Should I also send a SAR request to Lowell in relation reclaiming or removing charges? I'm finally getting a grip of my responsibilities as a debtor and rebuilding my credit rating, the last thing I want is a CCJ. Any help and advice would be greatly appreciated, Thanks for your time.
  12. Hi This is my first post so thank you in advance for any advice Briefly, last week I received a Statuary Demand from BWlegal and I have a genuine dispute with the creditor (errors on the credit agreement) and I also believe the debt is now stature barred. The loan was taken out in 2006 and the dispute I had with the creditor was upheld by the Financial Ombudsman. I want to apply for set aside and understand I have to fill in forms 6.4 and 6.5 but I have no legal knowledge and cannot afford a solicitor, could anyone help me with the wording for the Witness Statement? The demand was handed to me on Thursday 11th June. Thank you in advance for any help!
  13. Thanks in anticipation of any one's help. I normally pay parking fines on the rare occasions I get them. However, I am in receipt of the BW Legal 'Letter of Claim' in respect of the Peel centre Stockport parking charges by Excell. I've totally ignored them so far and will continue to do so until a summons arrives, - the reason being, the payment machine was broken, I also tried to help an elderly woman pay without success so I just got back in my car and left, total time from start to finish about 3 minutes. Consider my surprise when I get the fine from Excell alleging over 15 minutes (I think). Round about this time people were exposing Excell in the press for doing this by showing that the shadow from the sun on their cars had not moved. Just wondering if any one has any experience or comments about how to open this practice up in court if necessary. Thanks again
  14. Hello, please could you read through the attached documents and let me know if the CCA is enforceable and also, what should d be my next step with Capital One stalling in providing me with the Information I requested using the Subject Access Request. They have used excuses starting with You haven’t paid the £10. I had and I wrote back to inform that I had proof. Then they wrote back to say: you haven’t signed (which I didn’t I used a printed signature on word) and that the address is different to that on our records. This is amazing because they have been sending me letters /statements and new Capital One cards to this my present address for nearly ten years. I had mentioned in my SAR that if they refused I would escalate this to the Information Commissioners Office & if my complaint is upheld they would d be liable to a £5000 fine. So looks like I may have to go ahead and fill out the complaint form. What do you think? By the way, I have copied all the letters they have sent in response, so quite a few documents including one that is lengthy and looks like they recently typed it up and claim that it is part of my CCA, which by the way they finally found a signed copy of and sent along with the lengthy so-called CCA Act1974 documents. Your help and assistance is greatly appreciated. Thank You p.s I forgot to mention the account was opened in 2004. Also. Does anyone know how to make the documents bigger? I saved them also in photbucket but got an error message when I tried to attach them from there. Thank You Hi, can some one take a closer look at these documents. I've tried to get them all scanned.There are more documents to upload, but need advice as no one seems to have responded. I've now attached the rest of the last 3 pages of the "so-called" terms and conditions that was sent with the letter and suddenly discovered signed "CCA". Please note, all 5 pages of the "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974" - Terms and Conditions, ALL have the SAME Page number at the bottom left hand corner and that is ' V10# '. CCA1.PDF SCAN0001.PDF SCAN0001q.PDF SCAN0001r.PDF SCAN0001s.PDF SCAN0001t.PDF
  15. HI Wonder if anyone can help been served a stat demand through door today ,when not it is this legal. Also asked my neighbour if I lived here! Now its 14 days to demand an old CC I had not sure if its stat barred Can anyone give me advice on what I need to do please, thank you in advance
  16. This thread is for my daughter. She has received a court claim from BW Legal on behalf of Lowell Portfolio regarding a Vodafone debt. This is not her debt. She has never had a contract phone with any mobile company so I am assuming this is ID fraud. The court claim should be here Thanks in advance. Silverfox1961 [ATTACH=CONFIG]54789[/ATTACH]
  17. Hi I need someone with the expertise for help. I had an account with Littlewoods everything was fine but due to my partner and myself in and out of work I found it difficult to keep up with the repayments. Littlewoods then passed it onto Lowells and being new to all this I agreed to make payments to Lowells but I cannot and did not keep up with their demands. Today I have received a LETTER OF CLAIM from bwlegal demanding I pay £180.00 by 15.1.15, if I don't then they intend to issue a claim against me in the County Court. I have every intention of paying this debt but cannot afford what they are demanding. Can someone please help me and advise my next step- I am at my wits end.
  18. Hi I received a claim form from BW legal on the 13.2.14 who where assigned the debt from capital on the 1.10.2009. i filed a defence stating that i disputed this matter and believed that the matter was statue barred when they issued it. The default from capital one came off my cra in january 2013, but i know that i had was in a payment plan with capital one for some months but cannot remember when my last payment to them was. I have not kept old old bank statements or letters in relation to this. BW have now stated that unless they hear from me with an offer to settle the case then they will write to the court requesting that my defence be struck out based on their notice of assingnment letter which was dated the 1.10.2009. However they have not to date provided a copy of the default notice. the matter is listed for a hearing at my local court on 11september because i entered a defence. My question is how to get details of the default notice and more importantly when my last payments where to them to ascertain wether at the date of issue the matter was statue barred or not. having gone through the forum do i need to make a CCA request and details of payments that where made without prejudicing my position ? thanks
  19. Hi my first post here but really need some help. Back in March I received a claim from for a Capital one debt that had passed to BW Legal via Lowell. This is despite setting up a pay plan with Lowell.After recieving the form I spoke to Lowell and finally BW legal and advised them that I was in the process of setting up a debt plan with stepchange. After numerous conversations in email and and via the phone BW Legal agreed to take no further action and accept the DMP.Today I have received another letter from the court stating that the claimant has accepted a repayment plan. Does that mean that BW Legal went ahead an processed the claim after they said that they wouldnt and if so where do I stand.Any help would be much appreciated!!thanksJames
  20. Hi all, It's a while since I've been on, but your advice in the ast has been excellent so thank you. Today I received a claim form from NorthamptonCCBC, Claimant - Lowell/BW Legal. It says that I owe £451.19 but it does not say what its for or who its from so I'm rather confused! I have had debts in the past but obviously if I don't know what it's for how can I be expected to pay it, Don't get me wrong, If I owe it then I'll pay it but I have absolutely no idea what it's for! Please see attached photos of the form and thank you in advance for any help
  21. Hi everyone, I'm looking for some urgent guidance if anyone is able, I had a Statutory Demand delivered at around 7pm tonight by a man in a flannel tracksuit. When I asked who he was he said he had been asked to hand deliver a Statutory Demand on behalf of BW Legal. He said that he was a 'courier' though I pointed out he had no ID or uniform (he was basically a bloke off the street by the look of him). Not knowing what the envelope was i refused to take it. He then said that BWlegal told him if i couldn't/wouldn't take the envelope he should still just leave it on the floor inside the door, which he quickly did before i could close the door. To my mind this is not 'hand delivered' so in no way properly served but please correct me if I'm wrong. The envelope just had my name and 'private' scribbled on it, otherwise just a white envelope, no other markings at all, very nondescript. Inside were 6 pages all stapled together in one document which included: - 2 page letter dated 24th September 2013 10 days ago (outlining the SD and threatening a bankruptcy petition) - 4 page SD The SD is for a 2003 Lloyds credit Card Account that has been in dispute since April 2009. I sent in my CCA at the time, got no signed agreement back so sent an in dispute letter. Then a month later I received a 'we've found it now' letter with a copy of the signed agreement with a page of partial terms which did not include all the clauses referred to in the agreement. That being the case i left it thinking still in dispute and never SAR'd Lloyds. Thereafter Lloyds chased repeatedly over the last 3 years, engaged DCAs to chase and eventually sold the debt to Lowell in July this year. Since then I had 3 chase up letters from Lowell then this. I will scan and post the docs but can anyone help me with some burning questions: - I have 7-8 days left of the 18 I'm supposed to have and tomorrow is Friday, what is the first thing I should do immediately?? - not truly hand delivered = not legal service of documents?? - deliberate 10 day delay in delivery something I can use against them? - What is the prescribed format for a statutory demand? - Any usual arguments to set aside SDs? - Signed agreement with unrelated/incomplete terms = defence? - Can I change the 'Appropriate Court for Setting Aside Demand' if it is not my most local court? - Should I send any CCAs or SARs to Lloyds/Lowell/BWLegal? :?: Thanks everyone I hope you can help. Cheers, GF2k
  22. Hi All I have today received a correspondent from BWLegal stating theyare acting on behalf of Lowell Portfolio 1 ltd and that they will file aBankruptcy Petition against me in my local county court. Okay keep this tread to the point four years ago I was indebt by 1300 pounds Vanquis Visa credit card kept on leading me and I kept ongoing into debt to the point I owe them1500 pounds , when I was not able to pay any debt back they kept on applying double interest and service charge follow by admin charge. So theamount is in dispute to this point Vanquis pass my details on toLowell Portfolio 1 ltd who pass myinformation on to Red debt collectors who for some reason pass the information on to third party and now I gotBWlegal acting on behalf of Lowell Portfolio 1ltd I have sent a emailtoday to BWlegal today please have a look at the end of thistread . I am worried about losing my house , bank and the little money I have left , I have fourkids to feed and this type of letters throw you in the dark end. What can I do? please help this email was sent today : You havecontacted me regarding the account with the above reference number, which youclaim is owed by myself. I would point out that I have no knowledge of any such debt being owed toLowell Portfolio 1 Ltd I am familiar with the Office of Fair Trading Debt Collection Guidance whichstates that it unfair to send demands for payment to an individual when it isuncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair topursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried ordisputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled orare disputed and continuing to make unjustified demands for payment amounts tophysical/psychological harassment. I would ask that no further contact be made concerning the above account unlessyou can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the tradingstandards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully
  23. Hi I am a new member and really need some advice. I have spoken to every debt charity i can find been referred to some and now come to a dead end unless i pay a solicitor £1000 to represent me and I haven't got that sort of money right now. I was in financial difficulty some years ago and got myself into debt . I was being pursued by BWLegal on behalf of Lowell portfolio 1 ltd who had purchased 2 credit card debts from Capital One ( Europe ) PLC. The debt was for £886.92 and £2384.24. They issued me an 18 day Statutory Demand dated 13 April 2012 which gave the details of the debt and the default date as 9th December 2005. Lowell Portfolio give the date of Assignment as 19th January 2007. No breakdown of debt or statement has been included. Due to my own ignorance and other reasons i have not applied to set the demand aside and was pressurised and bullied into paying BW Legal £2150 on the 14 May 2012 and agreed to a repayment of £60 per month until the debt was repaid and they agreed a 20% reduction in the total amount repaid. In our telephone conversation i said i can't recall the debt as it was so long ago and they verbally agreed to send me copies of the agreements ( they now deny this). As no copies of the agreements were sent i didn't give them any more money and this resulted in them issuing a Creditors Bankruptcy Petition on Failure to Comply with a Statutory Demand. The petition was dated 15th February 2013 and the hearing date 21st March 2013. I was served the petition by hand in the evening on the 9th March 2013. I panicked filled in form 6.19 and filled a notice to oppose the Bankruptcy Petition on the 13th March 2013. This is what I put: " Take notice that i ........ Intend to oppose the application to make a bankruptcy order on the following grounds : After receiving a statutory demand from BWLegal and being close to the 18 days to set aside the notice. I came to an arrangement with BWLegal to pay them £2150 and then the remainder of the debt to be reduced to £466.53. This was to be paid in instalments of £60 per month with the remaining balance of £46.53. I did state that i did not acknowledge my indie tenses to this agreement and had no recollection due to the fact it dated back to December 2005. I also think the debt is statute-barred. I did however agree to the above if BWLegal would not seek bankruptcy and would in a reasonable time frame provide me signed copies of the agreements and statements from Capitol one Europe plc. BWLegal agreed to this and i paid them £2150 to show good faith. Since then no agreements or statements have been provided as agreed by BWLegal . BWLegal constantly send demands for the outstanding balance of £1120.66 this is contrary to what was agreed. BWLegal have failed to provide the appropriate signed copies of the agreements with Capitol one or any statements of the alleged debt and have not complied with the payment arrangements . I would therefore ask the court to deny the bankruptcy order and ask BWLegal to provide the appropriate proof of debt within 14 days to the debtor. If this cannot be done then BWLegal refund the original payment of 2150 to the debtor. I apologise for wasting court time on this which could have been avoided if BWLegal fulfilled their arrangement ." I attended the hearing on the 21st March and after the district judge it seemed spent 30 minutes explaining to me how serious this matter was and i should get professional help adjourned the hearing of the petition to 14th May 2013. It is further ordered that the debtor must, not less than 4 clear days before the adjourned hearing file at the court and serve on the creditor a detailed statement in support of his opposition to the bankruptcy petition, exhibiting copies of all relevant documents. Dated 21st March 2013 Since then as my wife and i are very stressed about this i have telephone BWLegal repeatedly and asked for a balance to settle. Up to now they just say they are waiting their clients instructions. A person from the nationaldebtline has told me that she thinks this debt is definitely statute barred just because i paid £2150 it was after the 6 year period and the statute of limitations act clearly states that once the 6 year period has gone it cannot be restarted . BWLegal have no right to pursue this debt through the courts and the judge should have thrown it out. She went on to say she wasn't a solicitor and in few of the seriousness of the situation check her advice out. The judge did say that it is in the court discretion to grant a set aside to an 18 demand if i wanted to apply now with good reason ? Not sure if this is a red herring. My problem is what do i do now i am running out of time and cant get good advice without paying and i am flat broke. Do I apply to set aside, can i have some help in filling a better defence, is it true it is statute barred ? Please some one help the clock is ticking for me. Thank you for reading my post .
  24. Received this reply from Capital after requesting CCA, non compliance and account in dispute letters to them Quote Please find enclosed a copy of your credit agreement as requested. In accordance with Section78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your origianl agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit [Cancellation Notices and Copy Documents} Regulations 1983. Under section 788 we are not required to provide a copy of the default notice and statement of default. However, we can comfirm that a statement of default was issued on 16th December 2008 Unquote What do I do next and do I still continue to send them token payments. Many Thanks
  25. Hi I am in need of some advice please I have just been handed a statutory demand from a man at my door, from bwlegal for lowells for a capital one card for the amount of £1243. There is several dates on here. says default date 9 feb 2008 but on appropriate court for setting aside demand form says date of assignment 12 feb 2009. Also letter has date of 17th jan 2013 and man knocked and handed to me on 27th jan and says i have 18 days is this from date on letter or date handed. Firstly i cannot remember how long ago since i had a capital one card so well over 6 years, so as i am not sure on this i paid to get experian report which has this listed. as follows company : LOWELLl PORTFOLIO I LTD Account updated: 25/09/2011 account type : credit card / store card Started: 22/12/2004 Default Date: 09/02/2008 Current balance £1,243 I am confused as to where the date 09/02/2008 comes from , as certainly haven't had any dealings with credit card since before 2007 possibly alot longer, i know i moved to my new address in 2007 and haven't paid any capital one here, and in feb 2008 my son was diagnosed with a brain tumour so i was in hospital for months with him on that date, so wouldn't of spoken to anyone. I also printed my credit report out and it had my old address and there was no mention of capital one debt on there, so as far as i am aware this debt had disappeared as older than 6 years. only above information of debt on report when put in new address.(had a capital one card at old address) I wouldn't have a clue if i owed them any sum of money and what that amount would of been, so how do i find this out, how do i know this information is correct. And who puts the default date. as this would of been before 2008, can they just put what they want. I would really appreciated some advise on what to do. I have read your forums and there is some really good advice, but just wondering with my details as what to do. The point it says statutory demand a bankruptcy scares me if someoone could give best course of action would be much appreciated. Have tried to ring NDL but waiting on call as busy. Thanks x
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