Lowell/BWLegal advice if poss

[Cornish_Celt]

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

Edited January 23, 2014 by citizenB

[unclebulgaria67]

Well it says that BW Legal will be sending you details of what debts have been included.

 

You should write to BW Legal asking for a full disclosure of all the information they hold, statements of account from original creditors and copies of agreements with original creditors.

 

Sounds as if they have hovered up a few debts in your name and lumped them together for one claim. You would obviously acknowledge the claim and defend, so that they have to prove the debts. The particulars of claim are pretty vague.

[Cornish_Celt]

Thank you for the reply, not had one of these before so do I just fill in the forms and return them to BW?

[citizenB]

I have deleted one of the images as it had the claim number on it. If you could just let me know what the issue date was, because I forgot to look at that !!

 

The claim says for "numerous original creditors" and that they will be serving full particulars on you separately. Have you received this yet.

 

It looks like they might have hoovered up a few small debts and issued one claim. You need those full particulars becuase they are not allowed to merge non CCA debts with CCA debts.

 

Aside from which, you will need to know if any of these are statute barred (older than 6 years from the first missed payment) or indeed if you agree with the sums outstanding.

 

So.. first thing, if you could let me know the date of issue so we can work out your timeline and I will send S.O.S for advice regarding how we obtain information that you require in order to establish what debts these are

[citizenB]

Thank you for the reply, not had one of these before so do I just fill in the forms and return them to BW?

 

Not unless you want to obtain a Judgment by default..

 

You acknowledge the claim online, once you have the information they say they are going to send separately then you can decide if you are going to admit and pay or defend !

[Cornish_Celt]

Thanks for the relies, the issue date was 20th of January 2014

[citizenB]

Thanks for the relies, the issue date was 20th of January 2014

 

Ok, your timeline is as follows:

 

Date of issue = 20.01.2014 + 5 days for service = 25.01.2014 + 14 days to acknowledge = 08.02.2014 + 14 days to submit defence = 22.02.2014

 

So anytime up to the 8th February you can acknowledge receipt of the claim. So they pretty much have until then and then 14 days after to advise you of what the claim is made up from.

 

You can write to BW legal if you wish and confirm that you have received the claim form - that they advise in this that they are serving on you separately fuller details of the claim - not least as to how it is made up and who are these "numerous original creditors" . That you have not yet received this and would they please provide it as a matter of urgency.

 

A few suggestions as to what these could be would be catalogue debts - mobile phone contracts that have not been closed down properly !

 

I guess you could look at your credit files to see if there are any amounts being recorded as in default ?

[Cornish_Celt]

Thank you, I will write and ask them what they are made up of

Thanks again for the help

[Allias]

Hi Cornish, I have received exactly the same county court claim today, same claimant same poc's,

 

 

very strange

[Cornish_Celt]

Hi all, well I sent a letter to Lowell/BWLegal and have not received a reply! Is there anything else I should be doing?

What should I do if they don't reply?

I have acknowledged the claim online but not sure what to do next!

Thanks in advance

[Cornish_Celt]

These people(Lowell/BWLegal) are not replying to my letter, I have not received the information they say that they have!

What do I need to do in this situation?

[Allias]

These people(Lowell/BWLegal) are not replying to my letter, I have not received the information they say that they have!

What do I need to do in this situation?

 

hi cornish have you sent a CPR31.14 request?

[Cornish_Celt]

No, I sent a letter asking what the debts are basically, not really sure what I should be doing!

I have copied this from another post, is this what you mean?

 

Account No:

 

After conducting an audit on my account I wish to request a copy of my dafault notice and copy of the assignment.

 

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1.

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

 

2.

Please also supply me with a signed, true certified copy of the original default notice.

 

3.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

 

Yours faithfully

[Allias]

this is not it, look at my thread

[Guest]

cornish

as they stated in the mcol claim form that full particulars will follow, they are supposed to serve such full particulars on you within 14 days after deemed service of the claim form on you. have they done that?

[Cornish_Celt]

Post #9 in your thread? Thank you I will get that sorted

Thanks again

[Cornish_Celt]

No they have not replied, I have received nothing

cornish

as they stated in the mcol claim form that full particulars will follow, they are supposed to serve such full particulars on you within 14 days after deemed service of the claim form on you. have they done that?

[Guest]

No they have not replied, I have received nothing

 

ok. so seems then they have failed to comply with civil procedure rules requirements ie

Practice Direction 7E para 5.2, 5.2A, 6.1 (if stated 'detailed' to follow, 'must' serve such partics re rule 7.4(1)(b)...)

Rule 7.4 (1)(b) ie 14 days, etc

options: strike out app'n? defence without, including request for strike out? cpr request? not sure atm. give citizenb a nudge to look in?

[Allias]

but before you send cpr31.14 you need to call BW legal and find out what the debt is for.

[citizenB]

Righto, well they say they will send more detailed particulars but they havent done so.

 

I think we established there is more than one account they appear to be claiming form, but without more information.. eg.. what the debts were originally then you dont know if you do actually owe this money.

 

have you acknowledged the claim online ? That was your first priority ?

 

I will ask andyorch to look in on you - I think you have 10 days before you need to submit your defence so try not to panic too much for the minute

[Cornish_Celt]

Thanks citizenB, yes I have acknowledged the claim online

[citizenB]

Excellent I am sure andyorch will look in on you as soon as he is online.

[AndyOrch]

Same scenario here... same Claimant same Sol...turns out its only a single debt with court fees and sol fees added.The additional Particulars show no further information than the Northampton PoC and I'm not sure the Solicitor actually knows why they are stating this in their particulars...unless it's a standard PoC to incorporate numerous debts irrespective of whether there is or not.

 

Have a read of the following thread and follow the guidance here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416410-Lowell-BW-Court-Claim-old-vanqius-card-debt-Help-Please

 

Filing separate particulars of claim

 

CPR 5.2

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

 

Regards

 

Andy

Edited February 13, 2014 by citizenB
replaced broken link

[Cornish_Celt]

Thank you for the info, I'm unable to open the link you gave me but do I need to send a cpr31.14?

Or do I wait and see if they respond?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?416410-Lowell-BW-Court-Claim-old-vanqius-card-debt-Help-Please

 

Here you go, I dont know why the link previously broke down.. but you should be able to open it now.