Lowells/BW legal - ClaimForm old CAT 'debt'***Settlement Agreed***

[AndyOrch]

Can you post or type out the contents of witness statement (less any identifiable ) ......

 

Regards

 

Andy

 

When your ready shimmertrap

[shimmertrap]

Hi, I'm so sorry!

I thought this was done and dusted as I received a letter saying the case had been struck out

because BW Legal didn't submit their paperwork in time.

I thought I had come back and update you, but it seems not

 

Just received another letter from the court.

It seems that BW Legal recently emailed the court (5th April)

to say that they emailed their witness statement on 19th November,

but it seems the court did not receive it.

BW Legal have attached a copy of the email.

 

This time it's a General Form of Judgement or Order and says the Stay is lifted

because the claimant DID comply but the documents weren't received by the court.

 

Now it's been allocated to the Small Claims Track and saying it's suitable for mediation.

I also have a date for a court hearing (16th June).

 

So that's where I am at now.

 

 

Any advice would be helpful and appreciated.

I really don't want to go to court and feel like giving up now

 

 

I've read on the form that I don't have to attend

and I can just file a with the court and serve the opponent,my witness statement.

 

 

What happens if I lose?

think by this stage, I probably will as they just aren't letting it go.

 

 

Should I go for mediation and offer £5.00 a month or something?

Or is it too late for that?

 

Lastly, I'm sorry I didn't type up their witness statement,

it's pages long and would take hours to type up, but if it will still help now,

I will get started!

 

Thank you for any help you can give me.

[dx100uk]

stop panicking

nothing to give up for yet?

so they've come up with the agreement & notice of assignment etc etc?

 

 

can you SCAN UP their WS

no good you typing it up

we need to SEE what documents they have in their exhibits.

 

 

so

follow the upload

scan every page to a picture [.jpg]

 

 

use something like MSPAINT to redact

everything that can be used to identify you and the case

in each picture

then pop ALLthe pictures in to ONE multipage word doc.

then yo can

file

save as

.pdf

and upload it here.

 

 

if not

scan the stuff up

and i'll send you a secure email address to send it too

and ill do it for you.

 

 

dx

[shimmertrap]

Thank you. I don't have a scanner, but I can get access to one tomorrow or Thursday, so I'll do everything you said and I'll be back asap! Just wanted to let you know I had seen your message!

[dx100uk]

ok

if you cant do the editing

leave it and email them too me

I can do it quickly

[shimmertrap]

Hi again

 

I have access to a scanner tomorrow, but to be honest, after digging out the Witness Statement and reading it again, it sound like I don't have a chance of a defence here.

 

They have included with their statement:

 

A photocopy of Credit Agreement dated 5th July 2009 and clearly my signature is there.

A copy of a letter addressed to me assigning the debt to Lowell on 18th May 2012.

A copy of a letter addressed from Lowell Group introducing themselves and explaining the debt had been sold to them on 18th May 2012.

A copy of a record of value of good ordered and payments made by me between 7th July 2009 and 4th November 2011 with a default date of 17th May 2012

A copy of a screen shot from original creditor of state of the account and saying 'debt manager sold of £.... to Lowell Group on 21st May 2012.

 

In the actual statement they say under 'Defendent' Defence' that 'The Defendant's defence is a bare denial of the debt, and a mere request for documentation. The Defendant's Defence does not raise any triable issues.

 

Also:

 

'The Claimant is embarrassed by the lack of particularity in the Defendant's Defence, however, the Claimant will attempt to address the issues raised notwithstanding the fact that the Defendant has provided insufficient detail or any tangible evidence in support.

 

and:

 

The Defendant's Defence holds no merit, and serves no other purpose but to obfuscate.

 

Then:

 

The Claimant therefore respectfully requests that the Defendant's Defence be struck out and Judgement be entered against the Defendant.

 

 

 

 

So, there it is

 

Please be honest with me if this sounds like I don't stand a chance!

 

Can I ask, what would happen if I let the court know that I won't be attending the hearing and let them hear it in my absence? There is really nothing I can add to my defence now and I really really don't want to have to go through going to court. If the Judge strikes out my defence, will I then get a CCJ? Then I will have to fill out an income & expenditure form showing I can only afford £5.00 a month?

 

Lastly, if you still want me to scan the whole thing, I'll get that done tomorrow and email you it as suggested.

 

Thanks again for your help

[AndyOrch]

If you could scan a copy of the credit agreement shimmer..the rest are irrelevant.

[shimmertrap]

OK, I'll pm you for that secure email address as soon as I've scanned it

[AndyOrch]

OK, I'll pm you for that secure email address as soon as I've scanned it

 

post it here

[shimmertrap]

Sorry, I was getting you confused with dx who replied yesterday!

Dx said to email it if I couldn't do the editing bit, which knowing me will take hours,

so I thought it would be quicker to just email

[dx100uk]

done

[AndyOrch]

done

 

Where?

[dx100uk]

email ad sent

[dx100uk]

here are the docs

but we need the terms and conditions that came with the CCA return please

[shimmertrap]

Hi again. Those are all the documents I was sent by BW Legal. I don't have any T&C's of the credit agreement?

 

In other news, I received a letter from BW Legal today offering me a 20% discount on the debt.

 

 

They say :

 

We have been notified by the court that you have filed a defence to our client's claim.

Whilst our client believes that your defence is unlikely to succeed,

in order to avoid either party incurring further costs,

our client has now instructed us to propose an offer of settlement to you.

 

The Offer

 

Strictly without prejudice, our client is willing to offer a 20% discount on the principal debt

plus any interest accrued on the principal debt.

 

If you can't afford to pay the discounted amount within 14 days don't worry,

our client would be willing to accept repayments of the discounted amount at an affordable rate each month.

 

The offer expires on May 9th.

The letter ends 'Should you refuse the above offer, we will seek our client's instructions with regard to obtaining a County Court Judgement against you for the full amount owed, including costs and interest.'

 

Should I take this offer?

Would it mean I won't have to go to court?

What would they deem to be an affordable amount?

[dx100uk]

Hi again. Those are all the documents I was sent by BW Legal. I don't have any T&C's of the credit agreement?

 

In other news, I received a letter from BW Legal today offering me a 20% discount on the debt.

 

They say :

 

We have been notified by the court that you have filed a defence to our client's claim.

Whilst our client believes that your defence is unlikely to succeed,

in order to avoid either party incurring further costs,

our client has now instructed us to propose an offer of settlement to you.

 

The Offer

 

Strictly without prejudice, our client is willing to offer a 20% discount on the principal debt

plus any interest accrued on the principal debt.

 

If you can't afford to pay the discounted amount within 14 days don't worry,

our client would be willing to accept repayments of the discounted amount at an affordable rate each month.

 

The offer expires on May 9th.

The letter ends 'Should you refuse the above offer, we will seek our client's instructions with regard to obtaining a County Court Judgement against you for the full amount owed, including costs and interest.'

 

Should I take this offer? - no

Would it mean I won't have to go to court?- you prob wont have too anyway.

What would they deem to be an affordable amount?

 

 

please dont fall for a discount letter..

doesnt it make you slightly suspect that they are wriggling a bit

trying to get something out of you before they have to discontinue the claim..

 

 

they will need the T&C's at time of take out

and

for any major changes over all the years

they have supplied neither

[shimmertrap]

I did think it was a last desperate attempt to try and get me to cough up and I have to admit they are brilliant at their 'big scary monster' job

 

The closer this gets to going to court the more terrified I get.

 

When you say I probably won't have to go to court, what do you mean?

I have a court date of 16th June?

If BW Legal do decide to discontinue,

will they inform the court and then will the court tell me?

 

So, now I do nothing for a while?

If I hear nothing from BW Legal or the court by beginning of June,

shall I come back to you and ask for further help?

[Guest]

yes, if they decide to discontinue, you'll get notice.

[AndyOrch]

I think it may be prudent to consider their offer shimmer....discontinuance is highly unlikely in consideration of the paperwork they have disclosed and the fact that they have prepared a witness statement....BW Legal don't fold as easy as the others.

 

Regards

 

Andy

[shimmertrap]

One more thing before I disappear again for a while!

Dx, you say they need the T&C's, but I didn't ask for them in my defence.

They have produced everything I asked for.....haven't they?

 

 

I've tried looking this one up and gone through some more threads on here,

but I can't find any info on this T&C's bit.

 

 

I am assuming this will be my last line of defence if it does go to court?

The letter I received from the court (and I'm sure you are familiar with the jargan!)

says that I need to file my own signed witness statement 14 days before the hearing.

 

 

Should I start preparing this and include the bit about the missing T&C's?

Is there anyone here who can help me with that nearer the time please?

[shimmertrap]

I think it may be prudent to consider their offer shimmer....discontinuance is highly unlikely in consideration of the paperwork they have disclosed and the fact that they have prepared a witness statement....BW Legal don't fold as easy as the others.

 

Regards

 

Andy

 

Hi Andy

 

Thanks for your input.

I am getting really worried now that they do have enough and any judge would look at me like a waste of space!

If I was to offer £5.00 a month, which is ridiculously small,

they are surely going to turn that down and end up taking me to court anyway?

 

 

I honestly have tried to find similar situations to mine in the threads here,

but I can't find any that have gone as far as this:

 

 

DCA actually coming up with the requested paperwork and taking me to court!

[dx100uk]

well there are lots of claim threads here where the claimant came up with all the required paperwork

and the defendent still walked away.

 

 

in your case, yes i was obviously thinking what andy has suggested

but i pers dont operate that way.

i leave it to andy to point out the obvious, he's the expert.

me i'm stubborn and hate DCA's and their fleecing ways

i never give up, but of course

i'm not the one being taken to court....

 

 

on the T&C front

you did request them

its part of what they must supply, in regards to a compliant CCA request.

 

 

now how strong this is..

bearing in mind this is an account from 2009

is very debateable.

 

 

£2800 is alot of money

 

 

they wont accept £5

poss £25

[AndyOrch]

" our client would be willing to accept repayments of the discounted amount at an affordable rate each month. "

 

Test the water...what is an affordable amount per month ? Start at £5 see what reaction you get...do this by phone not letter.If they fail to accept what you deem as affordable then the claim proceeds......in all possibility they will attain judgment...then an affordable rate would have to be set.

 

I look at it from the point that they have gone to the expense and time to prepare a witness statement...I cant see them discontinuing in all honesty.

 

Regards

 

Andy

[shimmertrap]

Thank you DX and Andy, I really appreciate both of you advising me.

 

I was thinking that if they got a CCJ against me then the judge would only make me pay what I can afford?

 

 

This is realistically around £10 a month at the most!

 

 

Once a CCJ is in place, then BW Legal need to leave me alone as long as I keep up the repayments?

 

 

They can't get bailiffs to come and take my goods unless I don't keep up the repayments?

 

I can live with paying £10 a month to them if that means I can relax and stop worrying about it 24/7.

 

So, if I write to the court to say I won't be attending the hearing and let the judge decide, what would the next step be?

 

 

I assume the judge would say I need to pay in full immediately, which I obviously can't.

 

 

How does it work with negotiating payments on the CCJ?

 

 

Is this done with the judge?

[AndyOrch]

The initial judgment would usually be set forthwith payment...then you may have to apply to vary to monthly by submitting an N245 with I&E and your proposed monthly payment.

The claimant does not have to accept the proposal and may offer a counter accepted figure.

 

The beauty of trying to settle before trial is that you will avoid a CCJ and further costs.