Bwlegal ccj

[MrPete]

Hi all,

I'm just looking for a little advice please. I have recently moved to a new address (rented) and I have received a letter from BWLEGAL saying that if I don't pay £800odd in 10 days from the date of the letter they will take further action.
I have checked my credit file and the CCJ has already been registered which I didn't even know about as they have sent it to the wrong address. They are offering to pay in instalments but are asking for an income and expenditure list, do I have to supply this? As the CCJ has already been registered I was going to offer the exact amount to pay it over the term of the CCJ which is now 5 years.
I could pay more but don't want to as it's already on my file anyway. I'm assuming as the CCJ has already taken place I have limited options before they send the heavies round.

Thanks in advance, MrPete.

[MIKE770]

Set Aside Application wrong address then set aside application BUT have a good case also what is the alledged debt all about?

[MrPete]

Thanks for the reply, the original debt was from a phone contract (2013) which at the time I was really struggling money wise so I couldn't afford to keep paying.

Since then I've moved a couple of times so the letters must of gone to a previous address. Like I said I didn't even know I had it until I got a clearscore account due to not being able to get credit for anything.

[Amethyst]

Hi all,

I'm just looking for a little advice please. I have recently moved to a new address (rented) and I have received a letter from BWLEGAL saying that if I don't pay £800odd in 10 days from the date of the letter they will take further action.
I have checked my credit file and the CCJ has already been registered which I didn't even know about as they have sent it to the wrong address. They are offering to pay in instalments but are asking for an income and expenditure list, do I have to supply this? As the CCJ has already been registered I was going to offer the exact amount to pay it over the term of the CCJ which is now 5 years.
I could pay more but don't want to as it's already on my file anyway. I'm assuming as the CCJ has already taken place I have limited options before they send the heavies round.

Thanks in advance, MrPete.

They managed to trace you okay to send the letter threatening enforcement action, which kind of says to me, they'd have been able quite easily to locate you to issue the court claim at the correct address.

If you get the judgment set aside it will come back off your file and you can then defend the claim ( or negotiate settlement to ensure it doesn't get put back on )

So.. you need to reply to them and say ' this is first I heard of it, how come you can write to me at this address now but couldn't issue the claim here? doofus's…. I'll be applying to set aside, please could you consent to that, and while we're doing that if you can send me all the info about the debt so I can consider my position with regards defending, or looking at negotiating a settlement, it would be appreciated.' ( along those lines anyway )

Send a SAR to the original creditor to get details of where the debt has come from and how it reached the amount they claimed, and ensure that the Claimant ( who was the claimant btw? BW Legal are just the solicitors ) had the right to claim the debt from you.

Of course, if you're absolutely fine having a knackered credit file for the next 6 years, you can just apply to the court to set instalment payments which puts any enforcement action on hold ( that's form N245 - https://www.gov.uk/government/public...on-of-an-order )

[MrPete]

Thanks for the info, BWlegal are working on behalf of Lowell Portfolio 1ltd. When the CCJ was obtained (Nov17) the letters must of been getting sent to an address I hadn't lived at for two years or more.
I have since moved again in July this year and they have sent me the letter.

Before I tell them what I'm going to do is it ok to contact them via Email or is physical letters preferred?

I have no intention of getting credit as I've been living without for years but due to an expanding family I would like the option if an emergency arises.

[Amethyst]

Snail mail is much preferred. If you want to draft something happy to have an edit for you if needed

I think you may as well enquire as to whether they would consent to set aside before making a decision.

Do you know if you kept your credit file updated / electoral roll while you were at your last address ?

Don't forget to send a SAR to the original creditor ( phone company ) too Subject Access Request Letter

[MrPete]

Ok I will send it all recorded and checking it over would be much appreciated Amethyst thanks very much.

So Bwlegal have to consent before I can continue with trying to set it aside? I have been on the Electoral roll in all of the houses I've rented, and pretty much lived in each one for three years.

When you say to send the SAR to the original creditor, do you mean Lowells or the phone company?

Thanks.

[Amethyst]

SAR to phone company - it should get you some info about the contract, transactions and how the amount claimed is arrived at - also might give you some bits which Lowell/BW don't have and you can possibly use it to counter their arguments further down the line.

No, BW Legal don't HAVE to consent to the set aside, but you should give them the opportunity to consent, give them 14 days to reply … at which point you will file your application with the court and request the costs of the application are awarded to you.

Asking them also puts them on notice you intend to file to set aside and should put any funny ideas they have about enforcement to one side.

[MrPete]

This is brilliant thanks very much for your help. So my plan of action thus far is-

Send SAR to the original phone company.

Inform BW of my intention to get a set aside and allow them 14 days to reply. If they don't reply in the specified time I will request the costs of the application are awarded to me.

It would be great to get this cleared off my credit file as it's quite poor at present and having a CCJ really doesn't help.

[MrPete]

So, BWlegal are saying that unless I agree to a payment plan they will issue a warrant which will incur further charges etc...

Is my next step to send the request to set aside to the court? If it is how should I handle any further demands from them?

[Amethyst]

Yip best to get that set-aside application in. You asked them to consent and they've just threatened you with a warrant - lovely of them. Send a copy of the application to BW as well.

[MrPete]

Thanks for the quick reply, so if I recieve any further letters I from them with attachment of earnings, order to obtain information or warrant of control how should i deal with that?

[Amethyst]

Once you've submitted your set aside application it should put a barr on any enforcement until the case has been decided. Have they already applied for a warrant ? - if so you'll need to put in your application a request to suspend the warrant of control.

[MrPete]

I have not received any letter saying they have applied for a warrant but the original letter said this would be the next stage. So it's not advisable to pay a token amount to stop further action being taken? (While I apply for the set aside)

[Amethyst]

Not if you are applying to set aside you'd just need to get it submitted asap. If you're happy to accept the judgment and aren't sure you'd want to defend or settle even if you did get it set aside, you could either complete the IE sheet for BW Legal and negotiate payments with them to start paying the judgment by installments or make an application to the court to set the payments ( N245 form https://www.gov.uk/government/public...on-of-an-order - £50 fee unless eligible for fee remission https://assets.publishing.service.go.../ex160-eng.pdf ( also applies to the N244 setaside application btw) )

Set aside guidance here Set Aside Application