BW Legal for Lowell V Cornish Pasty

[cornish pasty]

Received a claim? Yes

Issue Date:20/09/2018

Have you Acknowledged the Claim? Yes

Total Amount Claimed: £2215.46

Claimant’s Name: Lowell Portfolio 1 Ltd
Solicitors Firm: BW Legal
Original Creditor: Vanquis Bank

Original Debt (eg. Credit card/Loan/Overdraft) : Store/Credit Card

Particulars of Claim:

the claimant's claim is for the sum of
£1.880.40 being monies due from the
defendant to the claimant under a
store cards/credit cards
agreement regulated by
the consumer credit act 1974 between the
defendant and
vanquis bank plc
under account reference 0000000000000000
and assigned to the claimant on 31/05/2013
notice of which has been given to the
defendant
the dependent failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with
the claim also includes statutory interest
pursuant to section 69 of the county courts
act 1984 at a rate of 8.00% per annum ( a
daily rate of £0.41 from the date of
assignment of the agreement to
31/05/2014 being an amount of £150.06.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Possible. No knowledge of debt.

List any letters you have sent : SAR to Vanquis. CCA to Lowell. CPR to BW Legal today. Asked BW Legal to prove debt back in Dec 2017 via email. Their reply was documents would be sent by post, but there weren't. (Have copy of email and their reply)

Any Other Information or Background Details:
No knowledge of ever applying, having or making any payment to an account with Vanquis Bank. First contact regarding this alleged debt, Nov 2017. All requests for evidence ignored and went a head with court claim.

[cornish pasty]

Hi all
My son received this by email today.
does it look like a genuine claim has been entered at the courts? Or just another
attempt to get him to contact them about a debt he know nothing about.
it shows on his credit report and is statue barred next month.

NOTICE OF COUNTY COURT CLAIM ISSUED

Dear ?????

Our Client: Lowell Portfolio 1 Ltd

Client Reference: ?????

Our Reference: ?????

Balance Due: £2,215.46

Original Creditor 1: Vanquis Bank Plc

Original Account Number 1: ???????????

As you are aware, we represent our client: Lowell Portfolio 1 Ltd

We have now issued legal proceedings in the form of a County Court Claim on 20 September 2018 under claim number ???????? which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account.

The amount of the County Court Claim is summarised below:

	Principal Debt	£1,880.40
	Interest	£150.06
	Court Fees	£105.00
	Solicitors Costs	£80.00
	Outstanding Balance To Pay Now	£2,215.46

What You Need To Do Now

Call Us Today

Call us immediately on 0113 323 1784 and one of one of our helpful agents can set up an affordable payment arrangement for you.

Email Us Today

Email us today at contact@bwlegal.co.uk and we can look to set up an affordable payment arrangement for you.

When contacting us by email please state the following:

our reference "??????" and your full name; and date of birth; and address including postcode; and contact number; and how we can help; or provide details of any questions/queries

Make A Payment Online Today

Make a payment online today at payments.bwlegal.co.uk. Any payments made will be allocated to your account within 48 hours.

We can also accept payment by a variety of methods which are specified in the attached document. Direct Debit and recurring card payment are the most popular choices as you only need to tell us your preferred date for payment and the payment will be taken automatically each month so you do not have to worry about it.

If you do not contact us or reply to the County Court Claim before 10 October 2018 , we may enter a County Court Judgment ("CCJ") against you. If a CCJ is entered against you, it will remain on your credit file for six years and you may have difficulty obtaining further credit.

Yours sincerely,

BW Legal

bw legal

[cornish pasty]

ok, think I've got it clear now, thanks.
just one point, in the CPR template bit

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx.

what will this date be?

all three request sent by records delivery.

[Amethyst]

28 days after issue of the claim ( gives you a couple days to actually file your defence if the provide docs on the deadline )

http://www.timeanddate.com/date/dateadd.html

[cornish pasty]

28 days after issue of the claim ( gives you a couple days to actually file your defence if the provide docs on the deadline )

http://www.timeanddate.com/date/dateadd.html

ok, thanks again for your help.
have started new thread bw legal for Lowell v Cornish pasty as guide suggests after letters are posted

[Amethyst]

Is this a different one ?

[cornish pasty]

Is this a different one ?

no same one. Guide said to post like this after letters sent

[cornish pasty]

Think I might have posted this in the wrong section.
I think is should be in.
'court claims and issues'
could an admin member move it to the correct section please.

[Amethyst]

I'll sort it out for you xx

[Amethyst]

Or.... I'll just bugger it all up for you... lol. I hate computers.

I'll have a coffee and take another look.

The claim is sorted anyway... acknowledged and letters have gone off so it is just waiting for responses and being prepped to file defence before the deadline

[cornish pasty]

Or.... I'll just bugger it all up for you... lol. I hate computers.

I'll have a coffee and take another look.

The claim is sorted anyway... acknowledged and letters have gone off so it is just waiting for responses and being prepped to file defence before the deadline

I worked the deadline for defence to be Friday 19th October.
is that correct?
issue date 20th Sept
recieved 22nd Sept.

[cornish pasty]

SAR to vanquis signed for
CCA to Lowell signed for
CPR to BW Legal not showing as delivered. Should I resend or wait a couple more days.

[Amethyst]

I'd give it a couple more days.

Yes 19th October seems to be right.

Apologies for messing up the thread a bit, everything is on here, just a little mangled, but we can see the background

[cornish pasty]

I'd give it a couple more days.

Yes 19th October seems to be right.

Apologies for messing up the thread a bit, everything is on here, just a little mangled, but we can see the background

Will do and thanks for moving the thread.

[cornish pasty]

Will do and thanks for moving the thread.

still nothing showing on track and trace regarding delivery of CPR request to BW Legal, just says

Tracking no. GK***********GB

Your item was posted at Post Office® branch, ***************on 24-09-2018. More information will be available as it travels through our network.

should I resend it via special delivery?

[Amethyst]

You have evidence of posting so that is all that is required. BW Legal likely have a post room and don't sign for post individually, and the Royal Mail are a bit shoddy IMO in not ensuring they do, as after all, it is a service you pay for to ensure a document is received.

[cornish pasty]

You have evidence of posting so that is all that is required. BW Legal likely have a post room and don't sign for post individually, and the Royal Mail are a bit shoddy IMO in not ensuring they do, as after all, it is a service you pay for to ensure a document is received.

so proof it was sent is good enough for the courts then

[Amethyst]

Yes, should be fine, they take a couple weeks to respond, first you'll probably get a 'we're asking the original creditor for documents' letter.

REmember the defence still needs to go in before the court set deadline regardless of whether BW say the case is on hold.