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BW Legal court Threat-o-gram over old Aqua Card 'debt'


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My story is a long one but I will try to keep it simple as possible.

 

 

I have a couple of unsecured credit card debts.

 

 

The largest is for £1184.20.

 

 

My debts I believe are from pre April 2007 and if I'm honest are a result of a serious gambling addiction.

 

 

My partner was understanding and supportive to a point and

to combat my addiction I no longer work or earn any money at all and have no access to any money.

 

 

I look after my children full time and have done since late 2009.

I'm not married and I am not on the tenancy agreement for our home

but I am recognized as living at my home address by the local housing authority that we rent from.

 

 

My bank account will show any limited money

I have is payed in from my partners account and is very little and is always used to pay for something via paypal.

 

Today bw legal acting on behalf of Lowells have given me 14 days written notice of a County Court Claim.

I have asked for proof of debt in way of a signed credit agreement

and have made it clear I do not recognize or acknowledge the alleged debt.

 

 

It is my debt but I truly have no money and after everything I've put my partner through I am lucky to gave a home and family.

 

Can anyone please help me and tell how I should face this situation and what is likely to happen to me.

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Can you please let me know the date of issue of the claim form - top right hand corner of the form.

 

Also, can you please have a read of the link below. Then answer the questions asked and post them here in this thread :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

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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

1: How can BCOBS protect you from your Banks unfair treatment

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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Can you please let me know the date of issue of the claim form - top right hand corner of the form.

 

Also, can you please have a read of the link below. Then answer the questions asked and post them here in this thread :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

The letter is dated 18 December and they will proceed on 2nd January if there is no payment or response by then.

Thank you so much for taking the time to read my post and help me.

 

I should have made it clear that this is the first letter giving me 14 days before the commence with the County Court Claim. No Claim has been filed yet.

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Ah.. so this is NOT an official Court claim, but a letter from the company who owns the debt, advising that on 2nd January, they WILL issue one ?

 

If you have already requested a copy of the agreement, then there is little you can do until they send you a copy.

 

What is the value of your overall debt situation ? As you don't own your own home, then it might be worth speaking to National Debtline and considering a debt relief order - (as long as your debt is under £15,000) It is very likely that you will then be debt free in 12 months.

 

https://www.nationaldebtline.org/EW/Pages/default.aspx

 

Call us free on

0808 808 4000

 

Monday to Friday

9am to 9pm

Saturday 9.30am to 1pm

 

National Debtline's fact sheet on Debt Relief Orders in the link below :)

 

https://www.nationaldebtline.org/EW/factsheets/Pages/37%20EW%20Debt%20relief%20orders%20(DROs)/Default.aspx

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Just to reassure you a little.. Debt is civil and not criminal, so nothing can really "happen" to you :)

 

If they do go ahead and issue a claim, then you would either admit - or if there is a reason to defend, you could defend.

 

The court would not order you to pay more than you could afford.

 

You have asked for a copy of the agreement. However, do you have any idea what it might be ? Do you know when the start date of the account was ? Before or after 2007 ?

 

If before, then they will need to provide a copy of the original agreement before they can obtain a judgment. But obviously you wish to avoid any legal action if you can.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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so you've sent them a CCA request already

what was the original debt please

 

 

and is this on your credit file.

 

 

don't go paying debts till you've checked things out first

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and read that letter carefully

 

 

it doesn't say WILL anything I bet!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Charlie

 

You've said that these debts originate from before April 2007, but you don't say when you last used the cards or paid anything towards them.

 

If you went a whole 6 years at any stage without payment or written acknowledgement, the debts may be unenforceable regardless of what paperwork they send you.

 

Also, bear in mind that companies like this one often threaten court action as a scare tactic but they don't necessarily follow through on that threat as they know it may not be worth their time and money.

 

Either way, we would be very happy to help you. Further to citizenB's suggestion that you get in touch, I just wanted to point out that we take a short Xmas break from 1pm on the 24th and reopen on Friday 2 January. So you are very welcome to get in touch before then.

 

Regards

 

Dennis

@natdebtline

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Thank you for responding so swiftly, Denis of Nat Debt :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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 guys.

 

The letter says specifically it will proceed on the 2nd January.

 

I last payed towards these debts in 2010.

 

This debt has been sent back and forth from different agencies since 2010. I have just ignored them as they have always used the wording May, could, or possible. This is the first time they have actually said they will.

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Thank you guys.

 

The letter says specifically it will proceed on the 2nd January.

 

I last payed towards these debts in 2010.

 

This debt has been sent back and forth from different agencies since 2010. I have just ignored them as they have always used the wording May, could, or possible. This is the first time they have actually said they will.

 

 

Please, do speak to National Debtline, they are best placed to help you at this stage. Take on board what Denis has advised about the time off over the bank holiday. They are open until 9pm both today and tomorrow.. Once you have and you have made a decision on what to do next, you can drop the DCA a quick note to advise that you are seeking advice and they should, if they have any sense, cease any action for at least 28 days.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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I can't thank you guys enough for not judging me and instead offering me advice. I have had a brief chat with the national debt helpline. My next step is to get my credit reports to see who and what I owe.

 

It looks at the moment that a debt relief order may be my best option.

 

I will post on here any progress I make but in the meantime I want to wish everyone who offers help and advice on here the best Christmas possible.

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get every debt CCA checked FIRST before you enter into ANY debt payment scheme with anyone.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I can't thank you guys enough for not judging me and instead offering me advice. I have had a brief chat with the national debt helpline. My next step is to get my credit reports to see who and what I owe.

 

It looks at the moment that a debt relief order may be my best option.

 

I will post on here any progress I make but in the meantime I want to wish everyone who offers help and advice on here the best Christmas possible.

 

You are very welcome. I am sure you have made the right choice and look forward to hearing that you are now on the road to a debt free future. :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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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  • 6 months later...

A week before Christmas I received a Notice of Claim for court proceedings from bw legal for debt of £1,429.36

I replied with a CCA and today almost 5 months later to the day they have produced a signed copy which looks true and legit.

 

It is not signed in anyway or dated by the creditors though, does that matter.

 

This debt is not statue barred and I have until 4pm on the 29th of this month to reply or they state they intend to proceed with court action. They have attached an income and expenditure form.

 

I'm not married but my partner works full time. We do not have joint accounts. I am unemployed and the only income in my name is child benefit for our 2 sons. I am not on the tenancy agreement of our home and I have no assets.

The only bills in my name are a mobile phone and a sky bill bill but both are payed by her each month with direct debits from her account.

 

My total debts that I have are less than £5000.

 

Is my best and only real option a DRO.

 

If you have taken the time to read through my post thank you.

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what is the debt

when did take it out

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you post the copy up please and redact all personal info. The true copy has to have specific things on it otherwise itnis not compliant

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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