Lowell /BW CCJ threat - old JDW CAT 'Debt'

[can-anon]

Hello all,

 

I Received a letter from BWlegal dated the 18th of April 2016, on behalf of their clients Lowell Portfolio 1, that they will be commencing legal action and issuing a claim at the county court in respect to a debt.

 

If payment or response is not received before the 5th of May they will issue the claim without further notice.

 

I've done the necessary research before troubling yourselves and just want to confirm that I'm on the right track

 

So a little background on my debt.

 

This debt was originally with JD Williams under one of their mail order catalogues. The amount was under £80 but with charges it rocketed up to £437.93 (county court claim states this will go up to £687.53).

 

With my other debts I managed to contact Barclaycard etc. and reduce the debt, but Lowell have refused any sort agreement similar to the others.

 

I therefore refused to pay and put it on the back-burner.

 

They have sent Annual statements on the 17th March 2016, with the line "...sent to you as required by the CCA 1974.

 

On this statement they state that I have made no payments which is true and that the original agreement was made in 2008. Am I right in saying that this indicates the debt is statute barred?

 

Should my next move be to request a CCA from Lowell, sending a copy to bwlegal of the request?

 

Should I also send a SAR request to Lowell in relation reclaiming or removing charges?

 

I'm finally getting a grip of my responsibilities as a debtor and rebuilding my credit rating, the last thing I want is a CCJ.

 

 

Any help and advice would be greatly appreciated,

 

Thanks for your time.

[dx100uk]

read the letter properly

bet it does not say WILL anything.

 

 

its a threat-o-gram.

 

 

DCA's are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

is this on your credit file?

 

 

I hope you've sent a CCA request to all you supposedly owe money too

before you blindly start paying debts off

esp if to a powerlessDCA

[can-anon]

read the letter properly

bet it does not say WILL anything.

 

 

its a threat-o-gram.

 

 

DCA's are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

is this on your credit file?

 

 

I hope you've sent a CCA request to all you supposedly owe money too

before you blindly start paying debts off

esp if to a powerlessDCA

 

It definatly says "We will issue a claim against you in the County Court without further notice

 

Yes it's on my credit file under defaults.

 

When you say they don't have legal powers, does that mean whatever happens they can't obtain a CCJ?

[dx100uk]

can you scan the letter up please

as a PDF?

 

 

follow the upload

 

 

what is the defaulted date on the credit file...

 

 

DCA's are not BAILIFFS

so they don't have any LIKE legal powers

 

 

however, they are the same as you and me

and can issue a speculative claimform against anyone.

hoping its not defend

 

 

when was the last time you ever paid this debt?

[can-anon]

The default date is Sept 2011 last time I paid i'm not sure and there is no info on that on my credit file

[can-anon]

Letters as requested. Both came together in the same envelope.

Bwlegalletterofclaim.pdf

lowelltransfertobwlegal.pdf

[dx100uk]

If payment or response is not received before the 5th of May they will issue the claim without further notice.

 

 

so respond with a CCA request

 

 

in the meantime

get an sar running to JDW

get all the statements.

 

 

dx

[can-anon]

oki doke sending them by tomorrow.

 

I have to send a fee of £1 with the CCA & £10 for the SAR right?

 

Do I not send the CCA & SAR request to lowell, as they own the debt now?

[dx100uk]

read post 7 again

no point in an sar to a dca

they hold nothing

[can-anon]

read post 7 again

no point in an sar to a dca

they hold nothing

 

Hi Dx,

 

just trying to understand, the dca (Llowell) have taken over this debt from JDW,

doesn't this mean they (Llowell) should be sent the SAR as they are the ones enforcing this debt?

Shouldn't the onus be on them to prove debt

and not the old creditor whom the debt was bought off?

 

I also came accross this old thread which seems to concur:

 

consumeractiongroup.co.uk/forum/showthread.php?271522-Subject-Access-Request-from-a-DCA

 

not trying to pick holes just want to make sure I've got my head round this

[dx100uk]

when a debt is sold

its sold with no info at all.

just a line in a spreadsheet.

 

sar goes to the original creditor

 

a CCA request goes to the owner [now the DCA]

to enforce a debt whomever wants money

MUST hold enforceable signed agreement etc.

[can-anon]

Ok I understand now,

 

 

thanks for your help.