lowell/bw claimform - old cat 'debt'

[Dolly22]

Earlier this month I relieved a notice of claim letter from a group called BW legal acting on behalf of Lowell portfolio for a catalogue debt from around 2010. I promptly sent a CCA request. Not because I did not want to repay, the debts mine and I work but my finances are a mess but I'm working hard to correct past mistakes and I wanted to negotiate a repayment on my terms that I could afford and not be harassed or bullied into something I could not afford.

 

Now these court papers have arrived I'm out of my depth and don't know what I should do. Please please can someone help me.

 

 

I will upload a PDF of the original claim letter and the court papers now.

 

Please can someone who knows what yo do advise me.

[obiter dictum]

Wait for more comments but if you sent a CCA request, the creditor cannot enforce the agreement until he has sent you a copy of that agreement

 

I hope you sent the request by recorded delivery?

 

Wait for more replies as i am a newbie myself

[Dolly22]

I sent it next day delivery with a £1 postal order. I still have the receipts.

 

 

Im really hoping someone can tell me what to do for the best.

[AndyOrch]

Thread moved to Financial Legal Issues

 

If you would please read the following ...posting your responses here....to enable the best advice on how to deal with this claim..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[Dolly22]

Name of Claimant is Lowell.

 

Issue date. 23 June 2015

 

Claim is for as it appears.

 

The claimants claim is for the sum of 1,387.28 being monies due from the Defendant of the claimant under a financial services agreement regulated by the Consumer Credit act 1974 between the defendant and shop direct finance company limited under account reference ******** and assigned to the claimant on 25/01/2013 notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.25 from the date of assignment of the agreement to 35/01/2024 being an amount of 91.50

 

Total value if the claim 1387.28

 

I believe I received default notice and a notice of assignment but I'm unsure if I received the satutory notice of default sums once a year.

 

I ceased payment as at the time my marriage was breaking down I had severe post natal depression and there was a close death in the family. Since then I've been working hard to correct my past mistakes.

 

I believe my last payment was 2014.

 

Please can somebody advise me. I do not want yo go backwards in dealing with my obligations.

[mikeymack2002]

You may want to further redact your PDF's as you have barcodes showing and you can be identified from these....

[mikeymack2002]

Since this is a credit regulated debt have you at any time asked or sent in a SAR? This will also assist you should the finance company issued you with late payment fees.

 

 

You should also sent the Solicitor dealing with this a CPR 31.14 request for all documents they will be relying on in this claim...

[citizenB]

Your timeline

 

issue date 23.06.2015 + 5 days for service =27.06.2015 + 14 days to acknowledge = 11.07.2015 + 14 days to submit defence = 25.7.2015.

 

The first thing you need to do is to acknowledge the claim - you do this online using the password and claim reference number both on the claim form. When you log onto the MCOL gateway, you will be given a further reference number, so make sure you have a pen/pencil ready so you can jot it down.

 

If you only ceased payments last year, then this wont be statute barred and I have to admit, if it is only a year since you ceased payments then I am surprised they have issued so swiftly !

[Dolly22]

Thank you for taking the time to help me.

 

I've never requested a SAR should I do that next.

 

How do I go about requesting a CPR 31.14

 

I want to offer to repay them £520 per year paying £10 per week. Is that something I should do straight away. How should I go about it.

 

Any advice you can offer would be great.

[citizenB]

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

 

Draft CPR request in the link above. You would send this to the solicitor named on the claim form.

 

A Subject access request would be useful if the debt was considerably higher than £520.00 - however it would cost you £10.00 and take 40 calendar days for them to comply with ( you would actually be sending this to the original company). So SAR might be a waste of time.

 

If you are not going to defend the claim, but admit it, then you would need to complete the section of the claim form that you were sent and send it to the Solicitor.

 

I think there is a way of doing this by way of a Consent order. I will ask andyorch to pop back and advise on that. I think if this is accepted then there wont be a judgment entered. I am not totally sure of that. So please wait until andyorch responds.

[AndyOrch]

If you wish to steer this to a monthly payment arrangement and avoid a CCJ then you must defend all......then try to attain an agreement at mediation.

[Dolly22]

Draft CPR request in the link above. You would send this to the solicitor named on the claim form.

 

A Subject access request would be useful if the debt was considerably higher than £520.00 - however it would cost you £10.00 and take 40 calendar days for them to comply with ( you would actually be sending this to the original company). So SAR might be a waste of time.

 

If you are not going to defend the claim, but admit it, then you would need to complete the section of the claim form that you were sent and send it to the Solicitor.

 

I think there is a way of doing this by way of a Consent order. I will ask andyorch to pop back and advise on that. I think if this is accepted then there wont be a judgment entered. I am not totally sure of that. So please wait until andyorch responds.

 

Thank you I will get that printed off and sent this weekend. I really appreciate you assistance.

Edited June 26, 2015 by citizenB
restored quote box

[Dolly22]

If you wish to steer this to a monthly payment arrangement and avoid a CCJ then you must defend all......then try to attain an agreement at mediation.

 

Thank you. Forgive me for asking what might seem obvious but this is all very alien to me.

If I defend all will it be guaranteed to go to mediation.

 

My options on the back of the court letter include the option of agreeing but asking time to pay As I've not been advised to take this option is that because they will not try to reach a amicable agreement with me.

 

Again thank you for trying to help me.

[AndyOrch]

Thank you. Forgive me for asking what might seem obvious but this is all very alien to me.

If I defend all will it be guaranteed to go to mediation. Yes if you request it ...if the claimant wishes to proceed to allocation

 

My options on the back of the court letter include the option of agreeing but asking time to pay As I've not been advised to take this option is that because they will not try to reach a amicable agreement with me. Only 1 option to select the others are guaranteed Judgment for the claimant

 

Again thank you for trying to help me.

 

Andy

[Dolly22]

Andy

 

Thank you Andy.

If you can, could you help me a little further as I'm really struggling to get my head around this. I don't quite understand everything.

I originally requested the CCA as I wanted to buy some time and arrange to repay on my terms with an agreement I could afford. That seems to have backfired as they have ignored that request and immediately sent these court papers. I have now completely lost the opportunity to negotiate a repayment agreement.

 

What's likely to happen now. I have 2 small children at home and I have some debts I'm repaying that I have not defaulted on. I work and pay all my bills on time but I am in the process if clearing some arrears that I would have successfully cleared in the next 2 to 3 months.

Am I going to be made to pay an amount I cannot realistically afford.

 

I cannot thank you enough for the advice you have already given me. Thank you.

[AndyOrch]

Dolly...its quite understandable that if you have never had to deal with is before it can appear to be mind boggling.

 

You requested a copy of the agreement vis a section 77/78 request...as you are fully legally entitled to do as a consumer.The assignee (that's Lowell) is a debt buyer...they buy defunct failed credit agreements from the original creditors...which have wrote off your debt...claimed tax allowance ..and then sold it for as little as 10p in the £1.

 

Back to your CCA request....instead of complying ( probably because there isn't one or cant get it) they have opted for litigation and issued the claim against you.I would hope that they did comply with pre action protocol and gave you notice it was their intention to sue you and allow you time to make proposals?

 

Nevertheless they are still in default of your section 77/78 request (they have 12+2 days to comply) and are therefore pursuant to the CCA1974 prevented from legally seeking/requesting relief for the said agreement (taking you to court).

 

So...as stated you have 3 options....

 

admit the debt and return the papers to the claimant.(automatic CCJ)

Partially admit the debt and submit a defence (automatic CCJ for the part admitted)

Or defend in full...for the above reasons I have stated.

 

Your first task is to register to use the MCOL service so you can deal with this on line (instructions are contained within the response pack)

Once registered you will be able to acknowledge service (this is acknowledging service of the claim)...you have 19 days to complete this from the date on the claim form...date on the claim form being day 1 )....ignore contest jurisdiction and then enter your plea...which I would advise to be defend all.

 

You then have a further 14 days to submit your defence (so you have 33 days in total) take time to look at other similar threads from the same claimant and you will see that invariably once a defence is submitted they usually discontinue their claim...this is because they cant provide the paperwork to substantiate their claim.

 

You can still opt to mediate during the process if you wish to make a regular payment plan and avoid a CCJ...but this option is only available if you intend to defend all.

 

Regards

 

Andy

[Dolly22]

Dolly...its quite understandable that if you have never had to deal with is before it can appear to be mind boggling.

 

You requested a copy of the agreement vis a section 77/78 request...as you are fully legally entitled to do as a consumer.The assignee (that's Lowell) is a debt buyer...they buy defunct failed credit agreements from the original creditors...which have wrote off your debt...claimed tax allowance ..and then sold it for as little as 10p in the £1.

 

Back to your CCA request....instead of complying ( probably because there isn't one or cant get it) they have opted for litigation and issued the claim against you.I would hope that they did comply with pre action protocol and gave you notice it was their intention to sue you and allow you time to make proposals?

 

Nevertheless they are still in default of your section 77/78 request (they have 12+2 days to comply) and are therefore pursuant to the CCA1974 prevented from legally seeking/requesting relief for the said agreement (taking you to court).

 

So...as stated you have 3 options....

 

admit the debt and return the papers to the claimant.(automatic CCJ)

Partially admit the debt and submit a defence (automatic CCJ for the part admitted)

Or defend in full...for the above reasons I have stated.

 

Your first task is to register to use the MCOL service so you can deal with this on line (instructions are contained within the response pack)

Once registered you will be able to acknowledge service (this is acknowledging service of the claim)...you have 19 days to complete this from the date on the claim form...date on the claim form being day 1 )....ignore contest jurisdiction and then enter your plea...which I would advise to be defend all.

 

You then have a further 14 days to submit your defence (so you have 33 days in total) take time to look at other similar threads from the same claimant and you will see that invariably once a defence is submitted they usually discontinue their claim...this is because they cant provide the paperwork to substantiate their claim.

 

You can still opt to mediate during the process if you wish to make a regular payment plan and avoid a CCJ...but this option is only available if you intend to defend all.

 

Regards

 

Andy

 

Thank you so much Andy, it's a little clearer now. They did send me a Notice of Claim letter but it only gave me 11 days including 2 weekends from the day of receipt to act. Should I still send them a letter noting they defaulted on the CCA request or does that not matter any more.

 

What do I do first. The CPR letter or contest the claim and defend all plea. As I have 2 weeks to enter a plea is it better to not rush in and use the maximum amount of time allowed.

 

In your experience of these matters. If everything goes against me will I be ordered to repay an amount that isn't realistic to my financial position.

[AndyOrch]

Thank you so much Andy, it's a little clearer now. They did send me a Notice of Claim letter but it only gave me 11 days including 2 weekends from the day of receipt to act.Ok good but you didnt make any offers or proposals? Should I still send them a letter noting they defaulted on the CCA request or does that not matter any more. No its irrelevant...but they are in default and the above stated stands

 

What do I do first. The CPR letter or contest the claim and defend all plea. As I have 2 weeks to enter a plea is it better to not rush in and use the maximum amount of time allowed.Its your choice ...do both now and then you can relax...but beware of your defence date

 

In your experience of these matters. If everything goes against me will I be ordered to repay an amount that isn't realistic to my financial position.You can only pay what is affordable and realistic...but Im sure it wont come to that

 

Regards

 

Andy

[Dolly22]

Regards

 

Andy

 

Thank you Andy. When this court letter arrived yesterday I felt sick and panicked. Your calm approach has put me at ease and I can't say thank you enough

I never offered any proposals or payment and when I sent the CCA request I denied all knowledge of the debt, I thought it would allow me a better position when it did come to negotiating. I will print out the CPR request when I'm in work tomorrow and send it off recorded delivery. I will wait until next week to enter my plea with the intention to defend all.

 

Is the basis of my defense is that they must prove the alleged debt is mine. And if they can prove it do I then request mediation.

[AndyOrch]

The basis of the defence will put them to strict proof that they are legally able to bring and substantiate the claim....without a copy of the executed agreement this may prove a tad difficult.

Send off your CPR 31.14 request lets see the response....and we can take it from there with regards on how to proceed.Make sure you acknowledge and state defend all irrespective for now.

[Dolly22]

The basis of the defence will put them to strict proof that they are legally able to bring and substantiate the claim....without a copy of the executed agreement this may prove a tad difficult.

Send off your CPR 31.14 request lets see the response....and we can take it from there with regards on how to proceed.Make sure you acknowledge and state defend all irrespective for now.

 

Thank you Andy. I will do that and post here when I receive a reply for the CPR 31.14

 

Thank you for helping to see this with a calm head. I hope you have a good weekend, lord knows you deserve it for the work and effort you put in on here.

[Dolly22]

Dolly...its quite understandable that if you have never had to deal with is before it can appear to be mind boggling.

 

You requested a copy of the agreement vis a section 77/78 request...as you are fully legally entitled to do as a consumer.The assignee (that's Lowell) is a debt buyer...they buy defunct failed credit agreements from the original creditors...which have wrote off your debt...claimed tax allowance ..and then sold it for as little as 10p in the £1.

 

Back to your CCA request....instead of complying ( probably because there isn't one or cant get it) they have opted for litigation and issued the claim against you.I would hope that they did comply with pre action protocol and gave you notice it was their intention to sue you and allow you time to make proposals?

 

Nevertheless they are still in default of your section 77/78 request (they have 12+2 days to comply) and are therefore pursuant to the CCA1974 prevented from legally seeking/requesting relief for the said agreement (taking you to court).

 

So...as stated you have 3 options....

 

admit the debt and return the papers to the claimant.(automatic CCJ)

Partially admit the debt and submit a defence (automatic CCJ for the part admitted)

Or defend in full...for the above reasons I have stated.

 

Your first task is to register to use the MCOL service so you can deal with this on line (instructions are contained within the response pack)

Once registered you will be able to acknowledge service (this is acknowledging service of the claim)...you have 19 days to complete this from the date on the claim form...date on the claim form being day 1 )....ignore contest jurisdiction and then enter your plea...which I would advise to be defend all.

 

You then have a further 14 days to submit your defence (so you have 33 days in total) take time to look at other similar threads from the same claimant and you will see that invariably once a defence is submitted they usually discontinue their claim...this is because they cant provide the paperwork to substantiate their claim.

 

You can still opt to mediate during the process if you wish to make a regular payment plan and avoid a CCJ...but this option is only available if you intend to defend all.

 

Regards

 

Andy

 

 

I just received these 2 letters from bwlegal. From their advice on what I should do next, which is to phone 1 of their friendly representatives to arrange an affordable repayment plan. Im guessing you were correct Andy and they do not actually have anything to support their claim against me.

 

 

Again thank you. I will be back once I receive a reply to the CPR request.

[Dolly22]

I sent the CPR letter on Monday morning and registered with the MCOL the same day and acknowledged the claim. I haven't done any thing since but today I received a reply dated the 1 July. It's very short but word for word reads

 

We refer to the above matter and your letter dated 26 June 2015, the contents of which have been noted.

 

We can confirm that we have received your previous correspondence and responded to you on 23 June 2015. We have requested copy documentation from our client and our file remains on hold.

 

We will contact you further in due course.

 

Yours faithfully.

 

The previous correspondence they refer to from the 23 June us the CCA request which they still have not produced. What happens next. Do I still need to submit my defense before the deadline.

Again thank you for all your advice.

[AndyOrch]

Yes Dolly

 

You still need to submit your defence on time...a claimant can hold the process by not requesting judgment once you have exceeded your 33 days...but its better to file on time just to ensure.

 

Regards

 

Andy

[Dolly22]

Yes Dolly

 

You still need to submit your defence on time...a claimant can hold the process by not requesting judgment once you have exceeded your 33 days...but its better to file on time just to ensure.

 

Regards

 

Andy

 

Thank you. Are BW legal working to a deadline now or can they put a hold on this indefinitely.