*** DISCONTINUED *** Letter Of Claim BW Legal

[Stu]

Re: Letter Of Claim BW Legal

Thanks very much Nem can't thank you and all who have imputed on this case for the help.

[nemesis45]

Re: Letter Of Claim BW Legal

OK Stu,

Add in the proof you have of the default date on the statement (send a copy. And the default date on the credit and confirm the date the claim was issued.

The sign off might be better like this (your choice)

Given the information above a I suggest BW Legal refers to its client advising that the claim be withdrawn/discontinued forthwith in the interest of saving cost and court time.

Should your client wish to continue the claim will be robustly defended.

nem
Belt and braces Stu get the detail .

[Stu]

Re: Letter Of Claim BW Legal

Dear BWLegal

Account No: 1111111111
Thank you for your letter dated 19th August 2016 for which you supplied me with documents relating to a county court claim you have brought against me for an alleged debt you claim I owe and one where I have no knowledge of. On inspection of these documents I state that the Consumer credit agreement is incorrect and does not relate to myself in anyway with the information provided and the statement of account does not show any transactions or items that I can recall. I must express my surprise that these said documents do not in any way relate to myself.
To further add;
Under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the alleged amount claimed.

Given the information above a I suggest BW Legal refers to its client advising that the claim be withdrawn/discontinued forthwith in the interest of saving cost and court time.

Should your client wish to continue the claim will be robustly defended.

Please confirm in writing that you will not make any further contact about the above account and confirm that this matter is now closed.

I look forward to hearing from you.

.................................................. .................................................. .................................................. .......

Is the above better suited now [MENTION=42011]Nem[/MENTION]

Ill add the proof of default which they provided, I'm not sure what you mean by sign off (my own signature?)

[nemesis45]

Re: Letter Of Claim BW Legal

One other just for security.

Please note no part of this communication is an admission of any liability.

nem

- - - Updated - - -

One other just for security.

Please note no part of this communication is an admission of any liability.

nem

[Stu]

Re: Letter Of Claim BW Legal

Thank [MENTION=42011]Nem[/MENTION] much appreciated i've added what you say above... I'll send first thing and update the thread when I hear back, if I hear back.

[charitynjw]

Re: Letter Of Claim BW Legal

[MENTION=55034]nemesis45[/MENTION] for info.

[Stu]

Re: Letter Of Claim BW Legal

Update on this one...

Not heard anything from BWLegal with regards the SB letter and points advised to raise and also....

Not heard back from local courts since it was transferred on the 1st August I did contact the courts and they are 3 weeks/month behind in paperwork so i'm going to attempt to put together my WS...

With the points above from Amethyst and others IE

*The apparent CCA signed on behalf of shop direct in 2004 but SD didn't become part of littlewoods until 2005*
*Late payment charges show £12 in the CCA but the£12 charge was not implemented until 2006 from office of fair trading before hand and in 2004 it would be £25*
*PayPoint charge in the Statement of account shows 35p but in the CCA it states £1 would the charge be*
*In CCA it shows a number of beginning 03 but these numbers didn't begin until 2007*
*Last payment from SoA shows 23.7.2008 but was not defaulted until 26.7.2010*

How is the above put in the W/S?

[nemesis45]

Re: Letter Of Claim BW Legal

Update on this one...

Not heard anything from BWLegal with regards the SB letter and points advised to raise and also....

Not heard back from local courts since it was transferred on the 1st August I did contact the courts and they are 3 weeks/month behind in paperwork so i'm going to attempt to put together my WS...

With the points above from Amethyst and others IE

*The apparent CCA signed on behalf of shop direct in 2004 but SD didn't become part of littlewoods until 2005*
*Late payment charges show £12 in the CCA but the£12 charge was not implemented until 2006 from office of fair trading before hand and in 2004 it would be £25*
*PayPoint charge in the Statement of account shows 35p but in the CCA it states £1 would the charge be*
*In CCA it shows a number of beginning 03 but these numbers didn't begin until 2007*
*Last payment from SoA shows 23.7.2008 but was not defaulted until 26.7.2010*

How is the above put in the W/S?

In numbered paragraphs.

E.g. 1. The document supplied to me in response has number of discrepancies that lead me to conclude that this is not a true copy of the CCA 1974 regulated credit agreement and it does therefore satisfy my request made on date.

Stu you then write as you have above and end with " I believe that given the statements above the alleged debt is unenforceable and the claim should be dismissed.

Finish off the WS and post here Stu and we'll go through it with you.

nem

[spirit2534]

Re: Letter Of Claim BW Legal

If been stayed then they have to pay a fee to lift a stay!

Will depend on how strong their case is?

- - - Updated - - -

If been stayed then they have to pay a fee to lift a stay!

Will depend on how strong their case is?

[nemesis45]

Re: Letter Of Claim BW Legal

[QUOTE=spirit2534;674746]Will depend on how strong their case is?

If the defence is not responded to the court will stay the claim, as Mike said the claimant must pay a fee to lift the stay,

nem

[Stu]

Re: Letter Of Claim BW Legal

In numbered paragraphs.

E.g. 1. The document supplied to me in response has number of discrepancies that lead me to conclude that this is not a true copy of the CCA 1974 regulated credit agreement and it does therefore satisfy my request made on date.

Stu you then write as you have above and end with " I believe that given the statements above the alleged debt is unenforceable and the claim should be dismissed.

Finish off the WS and post here Stu and we'll go through it with you.

nem

Brilliant Nem thanks

[Stu]

Re: Letter Of Claim BW Legal

Can I mention is my WS the letter of claim I received the month before that I and that I responded to with a CCA request to which they ignored and started proceeding anyway?
Or is it irrelevant to the case now..

Thanks

[Stu]

Re: Letter Of Claim BW Legal

Claim No. *********




BETWEEN:


Lowell (Claimant)


- And -


Stu (Defendant)


_________________________________


WITNESS STATEMENT OF Stu


_________________________________
I Stu of 1 Close, england AB12 3CD being the Defendant in this case will state as follows..


I make this Witness Statement in support of my defence in the claim which is due to be heard on 00/00/2016 at courts.

1. This claim is for a credit agreement regulated under the Consumer Credit Act 1974. I believe this account was opened in 2004. I do not recall signing a consumer credit agreement at that time and I do not hold any copy of this agreement or terms of that agreement. The original account was opened with a company called "Littlewoods".

2. On the 10th of May 2016 I received a claim form from the County Court Business Centre, Northampton, for the amount of £ 1.000.00.

3. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

4. The particulars of claim failed to state when the agreement was entered into.

5. On 13th of May 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

6. On 13th of May 2016 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B]. I also provided at this time a £1 postal order for statutory fee only [EXHIBIT C].

7. On 25th of May 2016 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.

8. On the 20th of August I received a letter from BWLegal which claimed to be the requested documents "Copy of agreement" - "Statement of account" - "Notice of assignment" [EXHIBIT D]

9. The document supplied to me in response has a number of discrepancies that lead me to conclude that this is not a true copy of the consumer credit agreement 1974 regulated credit agreement and it does not therefore satisfy my request made on date.

*The apparent CCA signed on behalf of shop direct in 2004 but Shop Direct did not become part of littlewoods until 2005*

*Late payment charges show £12 in the consumer credit agreement provided but the £12 charge was not implemented until 2006 from office of fair trading before hand and in 2004 it would be £25*

*PayPoint charge in the Statement of account shows 35p but in the CCA it states £1 would the charge be*

*In the consumer credit agreement it shows a telephone number of beginning 0344 but these numbers did not begin until 2007*

*Last payment from the statement of account shows 23.7.2008 but was not defaulted until 26.7.2010 3 days short of 2 years after the cause of action making this debt Statute Barred*

*The consumer credit agreement does not relate to myself in any way it does not have my name or address on it nor my signature*

10. On the 20th of August I sent a letter [EXHIBIT E] to BWLegal with reference to the above points (*) and also stating as their own provided statement of account shows this debt would now be Statute Barred and in order to save further costs and court time that they should advise their client to discontinue the claim. No response was given.

11. The Claimant has mentioned the Credit Agreement, the Default Notice and the statement of account in its Statement of Case, although I have received some documents claiming to be the said documents I think the points raised above should be brought to the court's attention. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt.

12. I believe that given the statements above the alleged debt is unenforceable and the claim should be dismissed..


Statement of truth
________________________________________________


I *********, the defendant in this case, believe the facts stated within this witness statement to be true


Date 00/00/2016

[nemesis45]

Re: Letter Of Claim BW Legal

Can I mention is my WS the letter of claim I received the month before that I and that I responded to with a CCA request to which they ignored and started proceeding anyway?
Or is it irrelevant to the case now..

Thanks

It's still relevant so yes put it in Stu.

nem

[Stu]

Re: Letter Of Claim BW Legal

Ok [MENTION=42011]Nem[/MENTION] ill redo, then would you mind having another inspection?

Thanks