Ochmode vs BWLegal/Lowells/Lloyds

[ochmode]

Hi all, I am looking for help in dealing with Lowells via BW Legal.

Claim form from the Northampton County Court arrived yesterday 11/02/14 dated 07/02/14. Amount claimed 3184.17, Court fees 85.00 Solicitors cost 80.00 all amounting to 3349.17.

The alleged debt is four years old and was from a lloydstsb CC whose limit was 2500. This card was used during my student years and cant remember the particulars of how the card came about.

I have now completed the AOS tonight and from reading other posts on the forum I have organised my template letters to send to Lloyds, BW Legal aka Lowells i.e CPR 31.14, CCA and SAR requests. I hope to fire these off tomorrow recorded delivery. So here is me hoping for some help and input as to my next course of action in tackling this unwanted thorn on my way to financial recovery.

Regards,

[wales01man]

Re: Ochmode vs BWLegal/Lowells/Lloyds

You say an alleged debt?
You say you used the card as a student?
Did you use the card and was it paid off or not?
Help with defending the action will come on here be prepared for questions

[ncf355]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi,

welll it seems like unfortunately you wont be covered for statute bared as its under 6 years old

However, there will be a number of other avencues to explore , mainly around the information they supply


Key will be:

1) Do they actually have a card agreement, signed by you and containing the prescribed terms of the consumer credit act 1974 (such as credit limit, APR, penalty fee amounts, etc)

2) Prior to calling in this debt, did either Lloyds or Lowells serve a valid default notice under the CCA 74' (which requires very particular and accurate information or it will be found invalid)

3) Do they have the right to sue under the property act 1925 - that is, can they show an original document of full legal assignment of the debt to them from

[ncf355]

Re: Ochmode vs BWLegal/Lowells/Lloyds

You say 4 years old, when was the card actually taken out ?

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Evening to you all,

Just a few answers to the questions

You say an alleged debt?
You say you used the card as a student?
Did you use the card and was it paid off or not?
Help with defending the action will come on here be prepared for questions

Yes, alleged cos the cirumstances surrounding it is quite hazy. Perhaps thats not the right word. I did use it as a student and couldnt keep up with repayments - low income at the time so was struggling to keep a roof over my head and survive.

Hi,

welll it seems like unfortunately you wont be covered for statute bared as its under 6 years old

However, there will be a number of other avenues to explore , mainly around the information they supply

Unfortunately so, so I am just seeing what I can do

1) Do they actually have a card agreement, signed by you and containing the prescribed terms of the consumer credit act 1974 (such as credit limit, APR, penalty fee amounts, etc)
2) Prior to calling in this debt, did either Lloyds or Lowells serve a valid default notice under the CCA 74' (which requires very particular and accurate information or it will be found invalid)

The SAR/CCA request should go someway on shedding some light.

3) Do they have the right to sue under the property act 1925 - that is, can they show an original document of full legal assignment of the debt to them from

I moved houses a few times so I may not have received a valid default notice that's not to say they may not have sent one .

You say 4 years old, when was the card actually taken out ?

I have just checked one of the CRAs its in 2007 and the default date is Dec 2009. So Shall I just sit and wait?

[wales01man]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Is t your debt? If you used it and never paid it back it must be. Follow the advice others give on here to try and defend it but be prepared to lose in court or make arrangements to pay before a CCJ is entered.

[FlamingParrot]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all, I am looking for help in dealing with Lowells via BW Legal.

Claim form from the Northampton County Court arrived yesterday 11/02/14 dated 07/02/14. Amount claimed 3184.17, Court fees 85.00 Solicitors cost 80.00 all amounting to 3349.17.

The alleged debt is four years old and was from a lloydstsb CC whose limit was 2500. This card was used during my student years and cant remember the particulars of how the card came about.

I have now completed the AOS tonight and from reading other posts on the forum I have organised my template letters to send to Lloyds, BW Legal aka Lowells i.e CPR 31.14, CCA and SAR requests. I hope to fire these off tomorrow recorded delivery. So here is me hoping for some help and input as to my next course of action in tackling this unwanted thorn on my way to financial recovery.

With the SAR, did you send it to Lloyds? Because Lowell wouldn't have any of the historical data. May I ask what are you hoping to find out from the SAR?

If the claim was dated 7th of Feb, I'd say you have till March 12th at the latest to submit a defence. They have 40 days to respond to a SAR, that means you won't have enough time to wait for it and you cannot request an extension because you are awaiting response to a SAR.

If there is specific information you need to defend the claim, you may be able to obtain it via a Part 18 request instead.

Yes, alleged cos the cirumstances surrounding it is quite hazy. Perhaps thats not the right word. I did use it as a student and couldnt keep up with repayments - low income at the time so was struggling to keep a roof over my head and survive.

Unfortunately so, so I am just seeing what I can do
The SAR/CCA request should go someway on shedding some light.

What are you hoping to find out?

I moved houses a few times so I may not have received a valid default notice that's not to say they may not have sent one

.

I have just checked one of the CRAs its in 2007 and the default date is Dec 2009. So Shall I just sit and wait?

The default date on the CRA is irrelevant. When you say 'it's in 2007', do you mean that's when you took out the card? Any idea when in 2007, i.e. before or after April? This may be important.

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all,

Sorry I haven't responded for a few days, I have been unwell.

Your comments have been duly noted Wales01Man, thanks.

Flaming Parrot,

Yes I did send to LLoyds who have responded with a letter dated 20th of Feb acknowledging they had received my tenner, but quite suspiciously stating they needed my signature to continue. It also says I should sign the attached form as a computer generated signature isn't acceptable and that my address differs to that held on their records. To which end they want me to go into a bank to get a copy of my passport or DL certified and then forward with my signature before any searches can begin. Surely this is just a ploy to delay or fabricate something or is this standard?

I did have a bank account with them, but can not recollect signing a CC agreement hence my SAR. Perhaps the part 18 request might? The life of the card started in September 2007 so not sure if that helps.

I am conscious that I have till the 12th of March to file a defence and Lowell/BW Legal haven't as much as farted in my direction so don't want to just wait, as my impression is that they have nothing.

Regards,

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all,

So I haven't received anything from BW Legal since the 7 days(more like 10) has passed and rung them up today. The lady I spoke to couldn't tell me why they haven't complied to my CPR13.14 and why I had not been contacted, she also said no one from the legal department was there to refer me to. I have asked for a call back and will of course ring back on Monday.

With regards to the Lloyds letter re my SAR should I go into the bank for the certification and onward forwarding?

Please advice, thanks.

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all,

I would really appreciate some guidance here. After four calls to BW Legal, there's and no response to CPR 13.14 but they have agreed an extension and confirmed by email. I forwarded this to the court and called them up today to confirm receipt as I had not received an acknowledgement. The gentleman I spoke with said I would need to pay to have the deadline to file my defence extended, even though it was agreed by both parties and confirmed by email. He mentioned I would need a N244 and it needed to be in before the end of the 28 days since the AOS which by my calculations is tomorrow.

This is where I start to fret as I assumed the email to the court would suffice, the CSO at the court kept emphasizing the point I needed to ensure I either put in a defence of the claim or submit the N244 otherwise a default judgement can be entered against me after the 28 days elapses.

Really confused, its the 12th of March tomorrow and I don't want to leave anything to chance as they (BWLegal) might just renegade on their word (e-mail) even though they have said (the CSO I spoke to today at BWLegal) they have requested it from Lowell, who have in turn requested the docs from LLoyds and this was going to take at least 20 days.

Please help

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

The court guy is an arse. There is usually a slight delay from sending until they enter it on the system. It wouldn't make a huge difference unless the claimant applied for default judgement.

M1

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Thanks M1. This was sent to the court last Wednesday so I'm thinking they should have received it and documented it by now.

So should I go ahead and get a formal extension with an N244 statement of fact and an unless order?

thanks

[mystery1]

Re: Ochmode vs BWLegal/Lowells/Lloyds

If you've sent the agreement with the claimant to the court and added your own note to it you've done as much as you need to.

It is then about chasing the claimant to either get the documents and/or building your evidence for an unless order. Every call should be documented by sending an email to the claimant with the jist of the conversation.

I say about 11/12 days before the defence deadline you make the application.

M1

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

If you've sent the agreement with the claimant to the court and added your own note to it you've done as much as you need to.

It is then about chasing the claimant to either get the documents and/or building your evidence for an unless order. Every call should be documented by sending an email to the claimant with the jist of the conversation.

I say about 11/12 days before the defence deadline you make the application.

M1

thanks M1. Much appreciated. Will act accordingly.

Regards,

[ochmode]

Re: Ochmode vs BWLegal/Lowells/Lloyds

Hi all, I haven't heard back from Bwlegal and wish to fire off an unless order tomorrow. Any pointers please?

regards