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HELP! Need assistance from people that know what they are doing.

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  • HELP! Need assistance from people that know what they are doing.

    Hello,

    I have been on here before with the same problem but it has progressed some what and I have no idea what I am doing.

    Years back I got a car from Blackhorse on finance and due to financial difficulties and part of my own stupidity I had it repossessed. Years have passed and I am now getting harassed by a company called BW Legal. I have had all the back and forth but what brought me here previously was the fact they were adamant I had a CCJ against my name due to debt owed on the car. Ive totally denied this claim from them as according to all credit ref agencies theres no CCJ against my name, I even paid to do the serch with err cant remember the website but its the government one that says for definite if there is a ccj or not. NOTHING! at all, as I thought. I brought this harassment to the attention of the odbusman and they said they would write to BW Legal, in the meantime they've made several threats of an attachment of earnings order etc. I have refuted all there claims and this is were I am now and why I need your help. Someone please help.

    This morning I received a letter from the my local county court, it was a N24 general form of judgement or order. The form is as follows:

    Before district judge Baddeley siiting at the county court at Rotherham,rotherham law courts, the statues,rotherham,south Yorkshire, s60 1 yw considered the written application of the claimant (no other person had notice of the application) and made the following order.

    IT IS ORDERED THAT

    1. Lowell Portfolio 1 Limited be substituted as Claiment in place of British Credit Trust Limited

    2. Re-service of an amended claim form be dispensed with.

    3.BW Legal be recorded as the solicitor acting on behalf of Lowell Portfoliop 1 Limited

    4.The Claiment shall serve notice of the change on every other party.

    5. Because this order has been made by the Court on the application of a party without notice of the hearing being given, any oither party has the right to apply to have the order set aside or varied. ANy such application
    must be sent or delivered to the Court (together with any appropriate fee) to arrive within seven days of service of this order.

    6. There be no order as to costs.

    Several problems I have:

    I have no idea what any of that means?

    we are now on the 7/4/2015, the order was made on the 23rd march (stated at the bottom of the order), stated at the top is the 31st march 2015 and it wasn't posted out until the 1/4/2015 - guess my 7 days are screwed

    Ive never heard of british credit trust limited as the finance was through black horse

    and how can a judgement order be made when there is no ccj?

    Can someone with a higher brain density than me please help as I am getting very frustrated, lost, puzzled by every dealing I have with bw legal

    Thankyou ever so much

    S
    Tags: None

  • #2
    Re: HELP! Need assistance from people that know what they are doing.

    Originally posted by tsd484 View Post
    Hello,

    I have been on here before with the same problem but it has progressed some what and I have no idea what I am doing.

    Years back I got a car from Blackhorse on finance and due to financial difficulties and part of my own stupidity I had it repossessed. Years have passed and I am now getting harassed by a company called BW Legal. I have had all the back and forth but what brought me here previously was the fact they were adamant I had a CCJ against my name due to debt owed on the car. Ive totally denied this claim from them as according to all credit ref agencies theres no CCJ against my name, I even paid to do the serch with err cant remember the website but its the government one that says for definite if there is a ccj or not. NOTHING! at all, as I thought. I brought this harassment to the attention of the odbusman and they said they would write to BW Legal, in the meantime they've made several threats of an attachment of earnings order etc. I have refuted all there claims and this is were I am now and why I need your help. Someone please help.

    This morning I received a letter from the my local county court, it was a N24 general form of judgement or order. The form is as follows:

    Before district judge Baddeley siiting at the county court at Rotherham,rotherham law courts, the statues,rotherham,south Yorkshire, s60 1 yw considered the written application of the claimant (no other person had notice of the application) and made the following order.

    IT IS ORDERED THAT

    1. Lowell Portfolio 1 Limited be substituted as Claiment in place of British Credit Trust Limited

    2. Re-service of an amended claim form be dispensed with.

    3.BW Legal be recorded as the solicitor acting on behalf of Lowell Portfoliop 1 Limited

    4.The Claiment shall serve notice of the change on every other party.

    5. Because this order has been made by the Court on the application of a party without notice of the hearing being given, any oither party has the right to apply to have the order set aside or varied. ANy such application
    must be sent or delivered to the Court (together with any appropriate fee) to arrive within seven days of service of this order.

    6. There be no order as to costs.

    Several problems I have:

    I have no idea what any of that means?

    we are now on the 7/4/2015, the order was made on the 23rd march (stated at the bottom of the order), stated at the top is the 31st march 2015 and it wasn't posted out until the 1/4/2015 - guess my 7 days are screwed.
    ***This means That British Credit Trust has in the past been granted a CCJ regarding the debt. BCT was a Motor Finance Co.


    Ive never heard of british credit trust limited as the finance was through black horse:

    and how can a judgement order be made when there is no ccj?

    ***CCJ was made and has now been changed in to Lowell's name so that it can enforce the debt that is what the order is about***

    Can someone with a higher brain density than me please help as I am getting very frustrated, lost, puzzled by every dealing I have with bw legal

    Thankyou ever so much

    S
    Hi I'll go through your points.

    See "red" text above,.

    The points we need to clarify,
    1. When was the original judgement made?
    2.Was the order posted by the court or by Lowell or its solicitors? It seems to me that if it was BW legal sending the notice they may have deliberately neglected to make sure you received it on time.

    I think a disclaimer letter is the way forward, I have a few things to do but I'll draft a letter for you a little later.

    nem

    Comment


    • #3
      Re: HELP! Need assistance from people that know what they are doing.

      Ok.

      To BW Legal: Copy to Ms Sara de Tute, Legal Counsel The Lowell Group:

      Re: Order Issued via Rotherham County Court Dated 23rd. March 2015.

      Sir/Madam,

      I refer you to the above mentioned Court order which I have received today 7th. April 2015.

      It is appears to me that BW Legal has deliberately delayed posting this order to me so that the 7 day time limit for set aside has expired, this will be dealt with at a later date.

      I have researched my credit reference file records and Trust 0n Line and can find no trace of any alleged judgment, this leads me to conclude that more than six years has elapsed since the alleged judgement was handed down.

      The Order issued by the court appears only allows the change of claimant and does not it seems give leave to enforce any original judgement as this alleged judgement it seems was made more than 6 years ago.

      For Clarification: I do not acknowledge any liability to Lowell for the alleged debt.
      To the best of my knowledge I have never been a customer of the " British Credit Trust" and have no knowledge of any claim being made against me.

      There is no mention in said order of any claim number or the date of judgement.

      I require BW Legal/Lowell to provide all documentation regarding this matter within 7 days of the date hereon failure so to do will result in complaints to the relevant regulators regarding the conduct of Lowell and its representative BW Legal.

      Address for Ms de Tute
      Legal Counsel
      The Lowell Group
      Ellington House
      9 Savannah Way
      Leeds Valley Park
      Leeds
      LS11 1AH

      Use signed for post.

      nem

      Comment

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