CCJ Letter Lowell

[newmeme14]

Re: CCJ Letter Lowell

Wow thank you so much for your help! I really appreciate it.

My defence needs to be in by 30th December...

[newmeme14]

Re: CCJ Letter Lowell

Would I actually have to go to court?
Sorry if that sounds so naive!

[CleverClogs]

Re: CCJ Letter Lowell

Statute barred = no payment AND no acknowledgement to the debt for 6 years in England ... AFTER the last payment was made

acknowledgement = stuff like, offering to pay anything towards the account

One should also add that any acknowledgement of the alleged debt must (under section 30 of the Limitation Act 1980 - link) must be in writing and signed by the person making it.

This means that any claimed acknowledgement over the electric telephone does not count, even if the call had been recorded and, as emails cannot really be signed, it presumably means that any emailed acknowledgement does not count.

[CleverClogs]

Re: CCJ Letter Lowell

No I didn't ask them to confirm this in writing.
I have her name and her direct dial.

I cannot remember word for word but along the lines of...

We want to give you the opportunity to pay off the debt in full or over 6 months.
Can you tell me when any payment was supposed to have been made on this account.
October 2005.
It also defaulted in Oct 2005.
We can give you the chance to pay today without it going to court.
I am going to look back through my old statements as I do not recall this at all.It was October 2005 that any payment was made.
Yes.
Ok I will call you back.

That was pretty much it.... Short and sweet but I did get her to clarify a few times about the last payment date.

In other words:

• the alleged debt is Statute Barred
• Bowells know - or damn well ought to know - that it is Statute Barred
• even a first year law student would know that it's Statute Barred and that their case is hopeless
• Bowells are trying to bounce an alleged debtor into making a payment they need not make
• Bowells seem to have used deception to try to extract payment of an unenforceable debt
• Bowells should be reported to Trading Standards, who should then tell the Office of Faffing and Twaddling with a view to getting the Bowells Consumer Credit Licences suspended

[Gorang]

Re: CCJ Letter Lowell

Would I actually have to go to court?
Sorry if that sounds so naive!

first of all

NO question is naïve at all so please never think that
If you don't know the answer to a something then a quick question can clear it up very quickly

IF they decide NOT to dismiss the claim then it is possible that you may have to attend to see the judge but it would be more like a meeting in his chambers rather that standing in a court room

And once you are in with the judge then you only need to show him the conformation email and say this account is statute barred, it is then up to the claimants solicitor to PROVE it is not statute barred


How did you get on with getting the conformation email for the transcript of the phone call??????

EDIT

I just noticed your previous post

30th December is the date they will need to dismiss the claim by then otherwise we will need to get a statute barred defence made up for you just after christmas

[newmeme14]

Re: CCJ Letter Lowell

Hello!

So I have sent the email and still had no reply? I'm conscious time is getting on and people will be closed for the holidays. Please help!

[Gorang]

Re: CCJ Letter Lowell

Have you keep on phoning them to reply to your email??

If not try them tomorrow and if no joy then try them again after Xmas

Keep at them until you get an answer

if they are closed all through then we can always get a Statute barred defence made up

I noticed that you have until the 30th December to enter your defence is that correct

My defence needs to be in by 30th December...

Call the court just to check this date is correct, if you haven't already

I am going to go back an read your whole thread again to see what else they have or haven't done as I can't remember off the top of my head

[Gorang]

Re: CCJ Letter Lowell

So BW Legal have confirmed over the phone (when they phoned you) but NOT in writing yet that

the last payment made to the account was Oct 2005
Account was defaulted in 2005

You made a transcript of the call and emailed it to them
(where did you get the email addy from???)
(did you call them back to get the email addy??)

They have not replied to your email??

your defence needs to be in on 30th December (best to call the court and confirm this date)



For now keep on trying to get hold of BW Legal and spk to the person who confirmed that the last payment was made in Oct 2005

If you get someone else on the phone then get them to confirm the same and also get them to give you a email confirming that fact



Also I noticed that you never answered this on post 24

Do you remember if there was any money outstanding on this account??

Can you say for 100% sure there has been no money paid to the account far a period of 6 years so that the account is 100% statute barred

If you can say for 100% its statute barred then you do have the option of submitting a statute barred defence as that is a absolute defence BUT I would ONLY use it if you are 100% sure it is definitely statute barred (and I stress ONLY IF YOU ARE 100% sure)

Statute barred = no payment AND no acknowledgement to the debt for 6 years in England (5 years in Scotland) AFTER the last payment was made

acknowledgement = stuff like, offering to pay anything towards the account

Can you remember anything at all about the account??

BW Legal have sort of confirmed that no money has been paid to the account since 2005 but
Do you remember if there was ANYTHING at all that could be used against you as an acknowledgement of the debt?????

[newmeme14]

Re: CCJ Letter Lowell

Legal Beagles- I am very stressed and need advice please!!!

I called up NCC to confirm my date for submission was 30th December-the number keeps saying closed so I guess they are closed all over Christmas. I received confirmation if the form but that was it.

I called BW Legal and they are now saying that they can't tell me when my last payment was made but it defaulted in October 2005. The guy I spoke to said I have probably made a payment since 2008 as the balance had gone down from the time the default was issued to the time it was assigned in 2008 to the claimant. He kept saying it was not stat barred.

He then got all confused by everything I was asking him and passed me through to his colleague who told me that she could not tell me when the last payment was made nor could she tell if a payment had been made since 2008. She said the best thing for me to do would be to file my defence before Monday then they will investigate. She said that it can take 2weeks to find this info from their client.


Oh please help I am one confused woman!

[CleverClogs]

Re: CCJ Letter Lowell

I called BW Legal

Personally, I'd call them illegal. :grin:

The guy I spoke to said I have probably made a payment since 2008 as the balance had gone down from the time the default was issued to the time it was assigned in 2008 to the claimant. He kept saying it was not stat barred.

Well, he would say that, wouldn't he?

If he said otherwise, the green light in his Skinner box wouldn't light up and he'd not get a reward of a tasty food pellet.

[newmeme14]

Re: CCJ Letter Lowell

So could anyone recommend the next step? I potentially only have until Monday.

Thank you

[newmeme14]

Re: CCJ Letter Lowell

Anyone ?:-/

[CleverClogs]

Re: CCJ Letter Lowell

I believe the best defence would be that the alleged debt is time barred by section 5 of the Limitation Act 1980, but I have used the "report" button to request more expert assistance than I can provide.

[newmeme14]

Re: CCJ Letter Lowell

Thank you, as I have done everything via email thus far(the login they gave didn't work) I guess I should do it that way. Would I write the stat barred template on the defence or just that I believe it is stat barred?


Sorry if I'm asking questions you are unsure of :-)

[newmeme14]

Re: CCJ Letter Lowell

Can anyone help :-)