BW Legal CCJ

[loulouuk28]

Good afternoon everyone,

I have received an email from BW Legal regarding what they state is an outstanding CCJ. This is the content of the email;

As you are aware, we represent Lowell Portfolio 1 Ltd.

A COUNTY COURT JUDGMENT HAS BEEN ENTERED AGAINST YOU

On 7 December 2017 our client obtained a County Court Judgment against you in the St. Helens under claim number

Details of this Judgment will be entered in a public register, the Register of County Court Judgments. That information will then be passed to credit reference agencies which will then have an adverse impact on your credit file.

Unless the full amount of £1,516.27 is received in this office within 14 days of the date of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you. Alternatively, if you are experiencing financial difficulties then please contact us on 0113 487 0430 so that we can work with you, as we currently have a number of options to offer you or you could obtain free debt advice from the Debt Management Companies listed in the attached document.

This Is A Serious Matter And Should Not Be Ignored

Should we not hear from you within 14 days from the date of this letter, Our Client will be left with no option but to enforce the Judgment against you by one of the following options:

I have excluded the personal details but this is the bulk of the message. My first question is that I received an email like this on 11/12/17 to which I responded, asking for a copy of the paperwork as I had no idea what this debt relates to. This was ignored and as I have had multiple fake debt emails in the last 18 months, I assumed this to be yet another one. I hear nothing from them and no CCJ was registered so I believed my assumption to be correct. I have since received the same email today, almost a year to the so called judgment date which surprised me.

If the debt is what I believe it to be, then it one which I submitted a defence to 5 years ago that the debt was statute barred. In addition, although it never got that far, was that the debt was accrued when I was living with my ex partner and I was in hospital, so I didn't know what the debt was. I became disabled around this time and I have remained disabled ever since so this kind of issue causes great stress, which leads to significant health difficulties. I moved from St Helens more than 4 years ago this email is the first information about this CCJ.

I have looked for the CCJ on trust online and there is no record of it. Does the CCJ exist? If so what do I do? In addition, if I completed paperwork 5 years ago to defend a CCJ, how can it only now be resurfacing as a CCJ. The process isn't that long surely?

I would appreciate any advice as to how to tackle these people. I have taken companies to the Financial Ombudsman and won so I have no qualms about doing this again if it is the right thing to do too challenge them.

Many thanks in advance

Louise

[MIKE770]

ring your court and quote the case number they will tell you?

As you are aware, we represent Lowell Portfolio 1 Ltd.

A COUNTY COURT JUDGMENT HAS BEEN ENTERED AGAINST YOU

On 7 December 2017 our client obtained a County Court Judgment against you in the St. Helens under claim number A7JC0246. also remove the case number from this thread>

[loulouuk28]

I have contacted St Helens County Court and they have confirmed this was processed and is a CCJ but is not on the register. it also states they have 3 years between sending out paperwork and chasing the claim? Is this possible? My defence was struck out as I wasn't present for the hearing (not notified). This all seemed very strange. St Helens County Court have asked me to email them so they can send me the paperwork. Is this something I should do?

[Amethyst]

Yes you need copies of all the paperwork to find out what happen with the claim.

Is this 3 years bit in writing from the court ?

you entered a defence then the case was stayed ? You heard nothing more - but possibly the claimant applied for summary judgment and won without you being informed.

Have you changed address at all since the original claim ?

Any if those ignored letters an application for summary judgment ?

[loulouuk28]

The gentleman at the court said once the paperwork was submitted, BW Legal had 3 years to pursue it. I moved house down to Swindon 4 years ago as I am being treated at a hospital in London for my health conditions and I notified all parties but heard nothing until this email last December. When I asked BW for the paperwork they ignored me until today sending the same email again....it all seems very weird. I still believe if it is the debt I think it is, it is stature barred as it relates to 2004 when my now ex-partner was living with me and I was in and out of hospital.

[Amethyst]

Okay you need to ask the court and BW legal for the details of the claim and the judgment so that you can apply to set-aside if suitable. Ringing them is probably quicker, but if you'd rather not, then write to them ( in a letter not email ).

I'd also send a SAR to Lowell, and to the original creditor - Subject Access Request Letter

Presumably you didn't update the court or BW Legal about your change of address ( a year after you'd filed a defence in the case - so really, why would you?) Did you keep hold of copies of any of the original paperwork ? your defence ?

The gentleman at the court said once the paperwork was submitted, BW Legal had 3 years to pursue it.

I have heard this before but it's not a rule and plenty of cases get picked up and carry on after longer than 3 years from when the case got stayed. Might have to have a nosey with the court there.

[loulouuk28]

Why would the case have been stayed for so long? Would that be in the court papers or is it information I need to additionally request? I am going to do the SAR and the gentleman at the court has given me their email to obtain the paperwork. He wasn't impressed when I mentioned BW Legal and became incredibly helpful. Would it be worth my while sending a complaint into the Financial Ombudsman at some point? I had similar issues with Erudio and it all went away after 4 years once I pushed it to the Financial Ombudsman. I think I have kept copies of my paperwork and I did update them of my address when I moved plus kept a mail redirection for over a year and I didn't receive any correspondence from Lowell or BW Legal or the Courts so I assumed (incorrectly) that the case had been dropped. Why would they then not put the CCJ on the register? It seems rather strange not to do so. Is this a line of attack I can pursue or am I clutching at straws? Thank you again for all your assistance in this matter. If the debt is what I think it is, then courtesy of my ex-partner I've been landed with what was a £400 debt into a £1500......