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BW Legal & Statue Barred Debt


gazbo34
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Hi Guys and Gals,

 

I'm back again and dealing with my favourite DCA !!!!

 

Quick bit of background info :

- Approx Jan 14 I won a SD hearing against BW Legal (acting for Lowells) due to lack of CCA and other paperwork etc-

although I was that made up to win I forgot to ask for my costs which still annoys me to this day !!!!!!

 

move forward to May 2015 and

I received through the post a letter ( copy below) from BW Legal with an attached copy of my CCA ( which they couldnt find 18 months ago)

and advising that they wanted to find an amenable solution to recover the outstanding sums.

 

 

I was to get back to them within 2 weeks with my proposal or they will consider court action with no further notice.

This seemed a bit too polite for them and got me wondering why ???

 

 

So I dug out all my SAR paperwork and found out that no payments have been made on this account for over 6 years.

 

So got a couple of queries:-

 

Is it still 6 years for a debt to become statue barred ??

Do I notify them of this or just ignore their letters ?

Do I have to prove that its SB or is it up to them to prove that it isn't ?

 

As usual, any help greatly appreciated

 

Gazbo

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I think caggers might need a bit more info.

 

When was the last payment made on the account

When was the original legal action started

When was the original legal action concluded

 

Remember legal action can freeze the SB clock

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Guys and Gals,

 

I'm back again and dealing with my favourite DCA !!!!

 

Quick bit of background info :- Approx Jan 14 I won a SD hearing against BW Legal (acting for Lowells) due to lack of CCA and other paperwork etc- although I was that made up to win I forgot to ask for my costs which still annoys me to this day !!!!!!

 

Anyhows, move forward to May 2015 and I received through the post a letter ( copy below) from BW Legal with an attached copy of my CCA ( which they couldnt find 18 months ago) and advising that they wanted to find an amenable solution to recover the outstanding sums.I was to get back to them within 2 weeks with my proposal or they will consider court action with no further notice. This seemed a bit too polite for them and got me wondering why ??? So I dug out all my SAR paperwork and found out that no payments have been made on this account for over 6 years.

 

So got a couple of queries:-

 

Is it still 6 years for a debt to become statue barred ??

Do I notify them of this or just ignore their letters ?

Do I have to prove that its SB or is it up to them to prove that it isn't ?

 

As usual, any help greatly appreciated

 

Gazbo

 

Suggest that you write back saying that you believe this matter is now subject to statute of limitations and if they have any proof to the contrary they should provide this at their earliest opportunity.. Then see how they respond.

We could do with some help from you.

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Ah yes, the good old ''Without Prejudice'' letter.........totally ridiculous.

 

Personally and IMO I would simply let them carry on wasting their time and money.

 

If you are certain it is SB, then it really depends how you want to play this?

If you want to tag them along and bait them a little then do so, or if you'd just want shot of them you could send them the SB letter,

but lowlifes being lowlifes, they'll be certain to drag out the phantom payment card, which turns into a 'admin error' when threatened with

legal action for fraud....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Question, if they attempted a Stat Demand, and it was thrown out due to no proof etc then technically would the SB clock continue?

Its just a thought xd... Legal action puts a stop on the SB clock yes, but what if it does get thrown out.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Statuary Demands do not affect limitation periods.

 

Andy

We could do with some help from you.

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

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Hi gazbo

 

 

think i can remember following your stat demand thread last year.

 

 

I have looked at your letter and guess what ???

Exactly the same as the one i received this morning lol.

I too have until the 28th may.

 

 

It seems BW have done the same for you as they have for me.

They have left it so long since the stat demand hearing that our debts have become statute barred.

It is now over 6 years since a payment was made to my account also.

 

 

I too have been advised by andyorch that stat demands do not reset the SB clock.

Me personally think i will just sit back and wait for there next move if there is one, how about you ???

 

 

Dont know if you followed my thread re my stat demand,

drop in and have a read if you get time, my application was dismissed,

it still annoys me to this day the dirty trick they pulled on me and the way i was treated by the court.

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Thanks for the replys guys and gals, been working away for 2 days in the middle of nowhere with no internet so only just managed to read them.

 

Think i'll just wait and see what there next move is,and then if they start becoming annoying i'll send them the SB letter and wait to see what rabbits they try and pull out of the hat !!!!

 

Sunderland1 - yeah ive just re read your thread,shows you just how sneaky and underhand these DCA's can be, fingers crossed the end is in sight:-D

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