Bw legal CCJ statute barred

[skylarker1]

Hi all,

I took out a loan back in April 2008 with welcome finance. Just after I took out the loan I fell ill and spent some time in a mental health unit. I only made 2 repayments on this loan, therefore I beleive this debt to be statute barred. BW legal are trying for a CCJ, I have absolutely no idea what I am doing! I spoke to BW when one of their reps called me, I advided them I beleive its statute barred but he was adamant it is not, I requested proof and a copy of the credit agreement signed by myself. He said he would get this sent out but I have not received it, this was a month ago.

 

I went online with the claim pack to file my defence, stating I believe the debt is statute barred. I have since received a letter from the courts stating they intent to pursue the claim. I emailed bw legal yesterday and again requested proof of any payments made and a credit agreement, I also cc to the courts.

 

Just after some advice on wether I am doing the right things on defending this claim?

[BankFodder]

Yes - but you should also have pleaded the lack of the CCA.

 

Did you ask for the CCA in writing?

 

Stop talking to them. Do everything in writing

 

Also, what are the dates of the last payments?

[citizenB]

Whilst it would appear you have already submitted a defence, if you would have a read of the link below and provide answers to the questions asked, then we will be able to advise further.

 

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

 

You should make requests for information by way of CPR, did you do this ?

[skylarker1]

I made the first request over the phone when they called me, they haven't called back since and I made another request by email yesterday, when I received the letter saying they intend to pursue! If they are pursuing the claim does it mean it will go to court now?

[fkofilee]

Stop, dont be an idiot.

Send a £1 Postal Order and letter asking them to BW Legals address... They have 12 days to comply. Simple....

[skylarker1]

You have received a claim formicon.

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell portfolio

 

Date of issue – top right hand corner of the claim form 26th November 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – monies owed to welcome finance

 

What is the value of the claim?

 

Is the claim for a current or credit/loan account or mobile phone account? Personal loan

 

When did you enter into the original agreement before or after 2007? Around April 2008

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? I am not sure but welcome finance went bust a few months after I took out this loan.

 

Have you been receiving statutornotices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Around may 2008

 

What was the date of your last payment? As above

 

Was there a dispute with the original creditor that remains unresolved? No dispute

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

What is a CPR?

[skylarker1]

Value of claim is £3891.24

[skylarker1]

I ceased payments because I fell ill and spent some time in a mental health unit

[skylarker1]

Yes I submitted a defence I thought that was the right thing to do, but like I said I have no idea what I'm doing and it's really stressing me out now.

[fkofilee]

The guys here will help you... They key thing here is the Lack of Documents and i think under CPR, it gives you the right to request these.

Ill let the Site team help you....

[citizenB]

CPR is a request for documents mentioned within the claim form. There is a draft letter below. It needs to be sent to the Solicitor who is acting on behalf of the claimant - they will be named on the claim form. There is no fee for this information, but you should send the request via a tracked method.. Recorded/Special - at the very least you should obtain a free proof of posting to keep with your paperwork for the court.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

as you haven't provided the information contained on the claim form, then at this moment, we cannot advise what documents you can request.. so if you can do that, then that would help us.