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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Cornish_Celt

Lowell/BWLegal advice if poss

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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 by citizenB

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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.


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

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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 :)


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 !


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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

Thanks again for the help

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

 

 

very strange

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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

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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?

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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?

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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 amendmentlink3.gif to the entry will not be acceptable.

 

Yours faithfully

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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?


IMO

:-):rant:

 

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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?

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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?


IMO

:-):rant:

 

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

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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 :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 by citizenB
replaced broken link

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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?

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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.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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