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BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

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  • BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

    I have received a Claim Form from CCBC, Northampton instigated by BW Legal on behalf of their client Lowell Portfolio 1 Ltd claiming £764.11 for a reassigned account from Capital one (Europe) Ltd, plus interest, legal fees and court fees amounting to a total of £956.33.

    The Claim was made on the 10th of March 17 and arrived at my home on the 15th of March.

    I acknowledged the claim on the MCOL website on the 16th March at 16.10 and, after extensively reading about similar cases on your forum, I accordingly ticked on the box stating that I would defend the claim in full.

    I have today sent the relevant information request letters as recommended on your forum to both Lowells Portfolio 1 Ltd (including a postal order to the value of £1) with a copy to BW Legal with additional request for documentation, both letters have been sent recorded delivery today the 22nd of March 17.

    When I returned from the post office I had in fact received further communication from BW Legal dated 17th of March stating that

    "A County Court Judgement May Be Entered Against You
    As you are aware, we represent Lowell Portfolio 1 Ltd. We have issued legal proceedings against you in the form of a County Court Claim. You have failed to respond with any proposal for payment or, alternatively, the reasons why the debt is disputed.

    If you do not respond to the County Court Claim, we will enter a County Court Judgment ("CCJ") against you after the 12th of April 2017. If a CCJ is entered against you, it will remain on the Judgement Register for six years and you may have difficulty obtaining further credit."

    Could anybody please confirm that I have acted accordingly in this matter so far, and what I should expect to happen next, or indeed any further action I need to take at this juncture.

    I look forward to any help or comments regarding guidance in this matter.

    Thank you in advance
    DavidN
    Tags: None

  • #2
    Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

    You acknowledged claim therefore o.k. just a desk top letter from them look at the attached:- Check your dates || First Steps


    CCA Request what you sent?|| CPR 31.14 Request sent to solicitors//??

    Comment


    • #3
      Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

      Thank you for such a quick response MIKE770, it's much appreciated.

      And Yes to both questions.

      Regards
      DavidN

      Comment


      • #4
        Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

        Defence Example


        to be in by Wednesday, 12 April 2017 4.p.m. do not send too early usually day before gives them no time to challenge/correct faults you may state within/!

        - - - Updated - - -
        [MENTION=61310]diana[/MENTION]M

        Comment


        • #5
          Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

          Thanks again MIKE770, So I just have to wait now and see what they send to me, if anything at all. If no response or identifyable documents are received by the 11th of April that I can enter the relevant defence you have kindly supplied in your last post, with the necessary alterations to fit the case, I guess.

          Kind regards
          DavidN

          Comment


          • #6
            Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

            if they do not get what you ask for and the items if they sent are correct etc (come on here and let the peeps check them for you) to see if enforceable/unenforceable whichever also they may not send anything then they can advise you what to put in defence or adjust the example one above?

            - - - Updated - - -

            enter a defence the day before by 4p.m. for safety

            Comment


            • #7
              Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

              Will do MIKE770, I'll keep the string up to date all the way to a conclusion as it unfolds it may prove some benefit to others.

              Thank you MIKE770

              Kind regards
              DavidN

              Comment


              • #8
                Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                [MENTION=1937]nemisis[/MENTION]45

                Comment


                • #9
                  Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                  I have received a response from BW Legal:

                  Our Client: Lowell Portfolio 1 Ltd
                  Balance Due £936.33
                  Original Creditor 1: Capital One (Europe) Plc
                  Original Account Number 1: xxxxxxxxxxxxxxxx

                  We write with reference to the avove matter and your correspondence dated 22 March 2017.

                  We confirm your file has been placed on a hold wjilst we query this matter with Our Client.

                  We will contact you upon response to your query.

                  In the meantime, should you have further queries and wish to contact us, please do not hesitate to call us on 0113 323 1784.

                  Yours faithfully
                  BW Legal.

                  My question is now "Do I still respond with a defense on the 11th of April as advised by MIKE770, or will BW Legal automatically withdraw the CCC?"

                  I look forward to a response, and thank you in advance

                  DavidN

                  Comment


                  • #10
                    Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                    You must always stick by the courts timetable so yes prepare your defence !!

                    Comment


                    • #11
                      Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                      not on hold the cretins usual hopeful that you believe it and they get CCJ by default - such is the corrupt way lowells etc operate.

                      Comment


                      • #12
                        Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                        Originally posted by Stu View Post
                        You must always stick by the courts timetable so yes prepare your defence !!
                        Thanks for the heads up on this Stu;719708.

                        Comment


                        • #13
                          Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                          Originally posted by MIKE770 View Post
                          not on hold the cretins usual hopeful that you believe it and they get CCJ by default - such is the corrupt way lowells etc operate.
                          Thanks again MIKE770;719709, they're a slippery bunch for sure, I'll post again on the 10th with an update before I make the defence on the 11th.

                          Comment


                          • #14
                            Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                            It's now just past 2.30pm on the 11th of April and I've received my second post, so having not received a response from my request for documents from Lowells and only having received the letter included above from BW Legal I am now going to file my defence based on the longer version of the supplied defence shown on this forum.

                            Comment


                            • #15
                              Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

                              Hi
                              I assume you have now filed your defence?

                              Did you or have you sent a SAR to Capital One ? It might be useful if and when they come up with some documents

                              Did you also send a cpr 31.14 request and if so what did you ask for? Have they replied

                              I had a claim exactly a month before you so am a month ahead

                              The number of claims that are based on cap 1 at the moment seems huge but if 85% go undefended they are onto a winner
                              Capitalism gone bananas

                              Comment

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