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Lowell/BWLegal advice if poss


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Original link opens for me:???:

We could do with some help from you.

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Hey all, quick update.

 

BW Legal finally responded with a letter. The basics of the letter as follows:

 

Original creditor: Capital One

Balance due: £451.19

 

A county court claim has been issued against you.

On 20/01/2014 our client issued a county court claim against you in the northampton(county court bulk centre)

 

Accordingly we enclose by way of service

particulars of the claim

response pack

 

If we do not hear from you within 14 days of the date of this letter(on the letter its printed as 11 february, however on the envelope it says it was posted in leeds on the 18 of february) we shall apply to the court to enter a county court judgement against you.

 

Basically what should I do next, I received nothing from capital one saying that the debt had been transferred to someone else.

It is a debt which I had forgotten about.

 

I'm concerned about the time frame as I am unable to get anything in the post to them until Tuesday at the earliest.

 

I do not contest that i actually owe money to capital one but I'm not so convinced that I owe that amount.

I'm happy to pay what I owe but I cannot afford to pay it all in one go, what are my options?

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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 ?

 

According the issue date of your claim form you have until 22 February to submit a defence. Their letter is designed to intimidate and obtain a knee jerk reaction. You have acknowledged the claim online, yes ? And as such they would have received notice that you are going to submit a defence. I will alert andyorch that you need some help with your defence soonest in order for you to submit online by the 22nd.

 

Can you let us know what the enclosed particulars of claim state.. if it is substantially different to what you have already posted up.

 

If you can put together a draft of what you would like to put in your defence, then I am sure andyorch will help you knock it into shape :)

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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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Did you ever get around to asking BW Legal for all the information, as I advised earlier in the thread ?

 

If not, if you don't agree with the amount, contact Capone for a copy of the last statement of account and then challenge the amount BW Legal are asking for, by defending the claim.

 

You are probably going to end up with a CCJ, unless you can get BW legal to agree a repayment arrangement for the correct amount and they agreed to cancel their court claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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I think you do need to mention in your defence their tactics in respect of the letter they have sent you !!

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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It looks as though this practice of BW Legal is as already advised, designed to obtain a knee jerk reaction and certainly it will confuse recipients. Just continue with the timeline you have already been advised by us.

 

If this were me, I would mention in the defence that you were expecting a more detailed PoC as advised by them in their original document sent via the court. However, this does not appear to be the case - simply the same thing.

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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