BW Legal/Lowell Group Statutory demand for MBNA credit card

[positivetilltheend]

I received a statutory demand from BW legal in February 2013 that was posted through my door. They said in the letter that they had tried to serve the demand on a few occasions but I was not in so they pushed it through my door.

 

Based on the advice I read on this forum I decided to try and have it set aside based on the following reasons:

 

1. The claimant had failed to provide a copy of the original agreement.

2. The claimant had failed to provide copies of any valid default notices.

3. The claimant had failed to serve a Notice of Assignment.

4. The claimant had failed to provide any statements for the duration of the disputed agreement.

 

I also sent a CPR 31.14 Request to BW Legal, SAR to MBNA and a CCA to The Lowell Group.

I attended court in March and the Judge decided to allow BW legal a further 28 days to get the paper work together to assist in their case.

 

The 28 days went by and BW Legal had not provided the court or me with the paper work ( any of the 4 points above). I sent a letter to the court making them aware that BW legal had failed to comply with the order and requested the matter to be set aside. A week later I got a letter from the court stating that BW Legal had another 7 days to get the paper work over to me or the case would be closed. On the seventh day the paper work arrived with their new witness statement.

 

They have sent me a copy of an agreement that looks like it could be for anything, it has my name and address on it but I have not signed it and it does not say exactly what it is for. It gives financial info etc. How would I know if this is a genuine agreement and if it’s acceptable?

 

They have also sent what they say is a Notice of Assignment, I’m not sure if and how I know if this is a true and acceptable Notice of Assignment?

 

They have send several copies of letters stating that I owe them money and I can get the amount reduced if I make them an offer.

 

They have sent statements over a 5 year period but a lot are missing, one full years statements are missing and a few months are missing from most of the other years so it’s impossible to see how I have come to owe this exact amount as the expenditure is missing! These is also a lot of interest and late payment charges.

 

Please can anyone help me as I have to respond with my second witness statement this week. What should I do now?

 

Many thanks

[ims21]

Two threads on the same issue merged and tidied.

 

The guys will be happy to help as soon as they are available.

[dx100uk]

scan up that supposed agreement

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[citizenB]

Did you ever enter into an agreement with MBNA and when was the last payment made in respect of the debt if there is one.

 

When was the account entered into ?

 

It is likely that what they have provided is a reconstruction. MBNA are famous for these.

 

Did you ever receive a Default Notice from MBNA prior to any alleged assignment ?

[42man]

Check the agreement that they have sent, do the charges applied to the account match up with what is said in the agreement ? Is the interest rate correct on the statements ? is there any PPI added on the account ? any chance the alleged debt may be statute barred ?

[Old Cogger]

you need to scan using another system, they are too small!

[positivetilltheend]

Hi Guys,

 

Sorry had a problem uploading attachments

[citizenB]

Scan 5 - is that ALL they have sent to you and claim it is an agreement ?

 

There is nothing on there to identify it as an agreement between anyone ??

 

When do you need to respond to this ? I will send out some S.O.S on your behalf, please be patient - most of the people I will be alerting have day jobs

[DonkeyB]

1. Did the court actually make an order that they provide the documents? If they have not supplied everything, they remain in breach.

 

2. For us to comment on whether the agreement is any use, we need to know about the account. Is it your account? Do you deny the debt? What is its history? Was it opened online?

 

3. Would help to see all of the documents.

[positivetilltheend]

Hi

 

Yes they made an order that they submit the agreement, statements etc within 28 days after the first hearing. They provided some of this but it was outside of the 28 days.

 

The account is mine but based on everything they have sent i'm unable to see how they have come to the figure they are stating.

 

It was opened online.

 

Thanks

[positivetilltheend]

I need to respond today.

 

Thanks

[positivetilltheend]

I really need some help is anyone around to help.

 

Thanks

[citizenB]

Hi, responding to your S.O.S.

 

How can I help, are you required to submit a further defence based on the information they have provided ?

[citizenB]

I think all you can do is to produce a supplementary defence saying that the Document they have provided is purely a generic set of Financial information. No where does it identify you as the applicant nor, anywhere does it claim to be an agreement regulated under the Consumer Credit Act 1974.

 

There is no right to cancel, no prescribed terms !

 

You will also need to emphasise that you have repeatedly asked for statements that show how the amount they are claiming for has accrued. There would likely be default/penalty charges which are unlawful and despite their witness statement advising that both these and the Default Notice would be provided to both you and the court, to date, you have not received either.

 

DonkeyB has already suggested that if they haven't provided documents so ordered by the court, then they are in breach of that order.

[citizenB]

Me again.. I didn't realise it was an online application - when was the agreement entered into ?

[citizenB]

If the agreement was prior to 2004 then you would have been required to sign a paper copy as well. After that, a digital signature (x in the box) is acceptable.

[citizenB]

I think all you can really do is to base your Witness statement on the fact that they have NOT provided a full account history showing default/penalty charges which are unlawful and neither have they provided a copy of the Default Notice. So they are in breach of the Court order, demanding they do so.

[positivetilltheend]

Hi

 

If they have sent info through after the date specified on the court order will this be taken into account by the judge. They failed to send the default notice and full account history of statements before the date ordered by the judge. The info they did send was also 2 days late of the date set by the judge.

 

Thanks

[positivetilltheend]

If you can help please let me know and I will start uploading the scans.

 

Thanks

[Guest]

is this being discussed here? http://www.consumeractiongroup.co.uk/forum/showthread.php?391969-BW-Legal-Lowell-Group-Statutory-demand-for-MBNA-credit-card

[citizenB]

I am sorry, you are clutching at straws, the Judge will probably allow them to get away with filing the information late. Most courts are well behind with their admin so more than likely wouldn't even have noticed that it was 2 days late.

[positivetilltheend]

Hi,

 

I have attached the agreement that I have received from BW Legal, please can you let me know your thoughts on this guys.

 

Also I'm stuck on how I apply for costs, I have spent a great deal of time dealing with this since Feb so just wondering the best way to lay me costs down on paper, what do I put and how much etc? Any help would be much appreciated.

 

Once again thank you so much for you help everyone so far, its helped me so much.

 

Thanks

Edited May 27, 2013 by dx100uk
pdf reduced from 10mb to 1.6 dx

[42man]

Have you checked whether the default charges match up with what is on your statements ? Does the date of the agreement look like it could be yours.....with no name or address on it, then it could be anybody's !! As for filling out costs then have a look here, make sure you get the costs in so that they are in the court file at least 24 hours before the hearing.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

[42man]

Does the agreement contain notice of cancellation rights as prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents) Regulations 1983 ? If not then it could well be unenforceable !!

[42man]

You may also find something interesting in here too - http://www.consumeractiongroup.co.uk/forum/content.php?463-Mbna-Agreements-application-Forms