BW legal and ccj

[Gibbo01]

Hello I really need help in what I can do I received a ccj from BW legal.
i made a defence that it is statue barred and have received a letter back from BW legal that I've attached, what should I do any help would be greatly appreciated.

[warwick65]

Hi
Maybe a little more background would help
What was the claim for and how much?
When was the claim issued ?

Did you only plead statute barred in your defence?

[Gibbo01]

The claims for an old orange contract from 2005 and it's for £530 with court costs and my defence was also that I sent a claim pack back to BW legal asking for contracts payments etc and received nothing to clarify the amount stated

[Gibbo01]

The last payment they said I made was to a company called b carter not Lowell or themselves
should I contact BW legal and set up a payment plan?

[warwick65]

That is up to you. Bryan Carter now that's a name I've not heard in a while.

When you received the claim, did you ask for documents and if so which ones exactly. Did you use a cpr31. 14 letter or similar.

Last question, I think for now
Do you have a copy of your defence, can you post up what that was but remove identifying details. It might help people have a better idea.

[Gibbo01]

I replied to their reply form and I've attached defence

[Gibbo01]

I'm regretting not coming to this forum sooner this is all way above me

[warwick65]

Well in my opinion and mine only

The defence has no legs and to amend it will cost minimum £100 and possibly £255.

I would try to make an offer starting at say £75 "but head your letter
Without prejudice save as to costs.

Let's see what others think

@amethyst
Diana M

[warwick65]

Amethyst

Tag didn't work

[Gibbo01]

Is that 75 a month and do I still fill in the questionnaire?

[warwick65]

Is that 75 a month and do I still fill in the questionnaire?

God no
I do not know what your finances are like and I am not giving you advice in any way - I am not qualified

I was saying that as it is a relatively small debt it may not be economic to amend the defence as it could cost £255 which maybe, just maybe could be more than they would settle for if you could get a lump sum together.

However, in my experience based on my working life- I never went in with my best offer , it was always a lot less than that

I use to have to provide budgets for one job and I always underestimated sales and over estimated wages costs , my boss would then argue and I would increase one and drop the other but nearly always provided better results in the end - see what I mean

[Gibbo01]

Oh ok do you know if there is a template letter or should I just ring them

[Diana M]

and do I still fill in the questionnaire?

Do you mean you have received a Directions Questionnaire from the court after filing your Defence? If so then you must complete and return it by the deadline given in the covering letter otherwise your Defence may be struck out.

That form should give you the opportunity to tick the box for free telephone Mediation offered by the court where you can negotiate a settlement (if that is what you want to do) which is legally binding but not a CCJ.

Part of your Defence pleads that the debt is Statute Barred. You’ve received a letter from BW Legal which says your last payment to their client was in 2013 but they’ve not produced any evidence to support that. What made you believe the debt was SB and could that 2013 date be incorrect?

Di

[warwick65]

Sorry

And not to focus on the question

What is the form that you have asked should you fill in.

[sloane82]

I would get a subject access request from Orange and the debt collection agency you will have to pay £10 each to both parties, and find out what the debt is for ie non payment of contract, calls or early termination charges etc, as it has been over 6 year's it is statute barred under the statute limitation act 1980, why they are chasing you up is that they want you to make a payment dont do this as I have briefly read through I will again in depth is quite odd but debt collection agencies do this all the time to make there money I will look through again at all the information take care and send me a pm with any questions ok.