WoN!!! BW Legal Claim Form in court

[larza]

Hi,

I hope someone can give me some advice please. My husband has today received a claim form from Northampton court (bought about by BW Legal) for the sum of £1474.06 for a credit card debt that became statue barred in september/october 2012. The original debt was for £884 but by the time they have put court fees, solicitors costs etc on it has now reached the above figure.

My issue is that he has never acknowledged this debt and he did CCA lowell's (but they never sent any information) and it has been passed from pillow to post until it has ended up with BW Legal. He has 14 days to acknowledge this and send in a defence form to the court. What should his next step be and are we right in thinking that after 6 years a debt becomes statue barred.

Thank you in advance

Larza

[FlamingParrot]

Re: BW Legal Claim Form in court

If you guys are 100% positive that there's not been any payments or acknowledgments for over 6 years, then he can just put forward a Statute Barred defence, without the need to request documents, etc., as SBd is an absolute defence. :thumb:

He can still acknowledge online in the usual way, and state his intention to defend the claim in full, giving him a further 14 days to submit his defence (a total of 28 days from date of service). :typing:

BW Legal and Lowell are obviously hoping for default judgment. :incourt:

[larza]

Re: BW Legal Claim Form in court

Thank you so much for your reply FlamingParrot he has requested his credit report and this is not even showing on there now (as i said it would have become statue barred in sept/oct 12). Just to confirm that if it is no longer on his credit report does this mean that this is definately statue barred?
Also you said he acknowledges online once he has done this does he then just say on the court documents in the defence box that this is a statue barred debt.
Sorry for all the silly questions but we have never been in this position before.

Thank you again
Larza

[FlamingParrot]

Re: BW Legal Claim Form in court

Thank you so much for your reply FlamingParrot he has requested his credit report and this is not even showing on there now (as i said it would have become statue barred in sept/oct 12). Just to confirm that if it is no longer on his credit report does this mean that this is definately statue barred?

The credit report doesn't provide conclusive evidence one way or other because people often make payments after defaulting on their accounts, sometimes for many years. A default would only have been recorded around 3 months (or longer) after the first missed payment, which means if it has dropped off, it must be SBd, provided no further payments (or written repayment offers) were made.

Also you said he acknowledges online once he has done this does he then just say on the court documents in the defence box that this is a statue barred debt.

He'd have to say something like this (double-check dates, figures, etc.):

The claimant’s claim was issued on the 27th of November 2013.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £1474.06 or any other sum, or relief of any kind is denied.

[larza]

Re: BW Legal Claim Form in court

Hi guys,

Quick update. He now has a court hearing on 25th July 2014. We know this is definately statue barred as we have not made any payments on this in the last 6 years. What would you recommend we do now in relation to what evidence we would need to gather together to take to court?
Also is it possible that they know they cannot win and are just prepared to take it as far as they can and then pull out or just not turn up.

Thank you

[Kafka]

Re: BW Legal Claim Form in court

Please confirm what was said as a defence.

Do you have proof of the CCA request that was not answered? When was that?

What was the date the agreement started?

Have you sent CPR14 request for disclosure of documentation they will be relying on?

[larza]

Re: BW Legal Claim Form in court

Hi Kafka, In his defense he said:

------------------------------------------------

The claimant’s claim was issued on the 27th of November 2013.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £1474.06 or any other sum, or relief of any kind is denied.

------------------------------------------------------

Basically what happened with the CCA requests was he was being chased by 1 DCA so we sent the CCA request to them with the £1 postal order and also another DCA was chasing the exact same debt so he also sent the CCA request and £1 postal order to them too. He never received any CCA from either of them. He then got a statement of account which showed that they had put the 2 x £1 as payments to the account. So we have got copies of the letters we sent them showing that the money was for CCA's. (I will have to get back to you on the date these were sent but i think it was around June 2012. I will double check and get back to you on that one.

I have no idea as to the agreement date. Are you talking about when he originally took out the credit card?

As for the CPR14 request no he has not requested that. Should he have done?

[Amethyst]

Re: BW Legal Claim Form in court

Evidence wise - those letters regarding the CCA requests and the statement of account showing those £1 payments being added to the court.

Have the claimants indicated to you at all when they think payments were made within the six years? If so - copies of bank statements from those times showing there was no payment made would be useful.

If you think last payments were in Sept/Oct 2012 you should be fine, but Lowell do tend to suddenly come up with random payments to keep it within limitations.

Have you sent a more recent CCA request to the current creditor (Lowell?) if not I would be inclined to do that as that will be much stronger on your defence if it turns out limitations doesn't apply, than requests going unanswered to different collection co's in 2012.


For future ref

The claim was issued on the 27th of November 2013.

The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued. No acknowledgement or payment on this debt has been made since September 2012.

[larza]

Re: BW Legal Claim Form in court

Hi Amethyst, thanks for your quick reply. Below is a bit more info on dates.

08/10/2002: AC Opened


17/11/2006: Default date and sum of £889


26/01/2011: Sent letter to Bryan Cart on behalf of Lowell Portfolio Ltd, and also Asset Collections (for the same debt) request for proof of debt and 2 x £1 postal orders to cover postage.
No response received. £1 x 2 misused and referenced as a part payment.


17/11/2012: 6 Yrs, Statue barred


22/12/2013: Recieve county court summons, respond with defense, with no acknowledgement of debt. BW Legal
Northampton court no 3QD12327 for sum of £ 1474.06


01/02/2014: Recieve N180 form to go to mediation, respond by the 18th Feb. We and them said no.


Check bank statement no payments to Capital One. Lowell, BW Legal, from Feb 2007 to present.

[Amethyst]

Re: BW Legal Claim Form in court

So a CCA request has gone to Lowell. You should be fine, sounds like you have all the paperwork, - you can submit it in advance of the hearing with a Witness Statement - might save a hearing.

[Johnboy007]

Re: BW Legal Claim Form in court

As it stands, and on the face of it. If no contact what so ever, or payment has been made to Capital One, or any of the Debt Collecting Companies involved. Then the alleged debt is well and truly statute barred.
BW Legal will have to prove in court that your husband did make contact, or made a payment within the statutory six years.
If proof cannot be shown, then they have no case.
Good luck.
Johnaw:

[Johnboy007]

Re: BW Legal Claim Form in court

Hi Amethyst, thanks for your quick reply. Below is a bit more info on dates.

08/10/2002: AC Opened

Keep your fingers crossed.


17/11/2006: Default date and sum of £889


26/01/2011: Sent letter to Bryan Cart on behalf of Lowell Portfolio Ltd, and also Asset Collections (for the same debt) request for proof of debt and 2 x £1 postal orders to cover postage.
No response received. £1 x 2 misused and referenced as a part payment.


17/11/2012: 6 Yrs, Statue barred


22/12/2013: Recieve county court summons, respond with defense, with no acknowledgement of debt. BW Legal
Northampton court no 3QD12327 for sum of £ 1474.06


01/02/2014: Recieve N180 form to go to mediation, respond by the 18th Feb. We and them said no.


Check bank statement no payments to Capital One. Lowell, BW Legal, from Feb 2007 to present.

The only sticky part is the £2.00 postal order.
The Judge may rule that it was a payment.
Hope you put in the letter that the £2.00 was to cover postage.
Johnaw:

[Amethyst]

Re: BW Legal Claim Form in court

The postal orders were attached to letters requesting a copy of the credit agreement - which are in no way acknowledgement or payments of the debt.

[larza]

Re: BW Legal Claim Form in court

Thank you so much Amethyst and Johnboy007.

Hopefully he has everything he needs to prove this is statute barred.

I will definately keep you posted on what happens.

[larza]

Re: BW Legal Claim Form in court

Yes that is right amethyst. We sent the postal orders with a covering letter to both DCA's and putting in the letters that we do not acknowledge any debt.