CCJ from BW Legal

[rayw51]

Hello everyone,

I have received a CCJ from Lowell/BW Legal. The original debt was for just over £800 but unfair & illegal charges were applied pushing the debt to just over £1000. It was sent by ordinary first class post & It has come from Northampton County Court. Now you would think that a Court would send this type of document by registered post as I could easily say that I didn't receive it & they couldn't prove that I had!

Anyway, I completed the form online & disputed part of their claim stating the reasons why, & all the crap I received from various DCA's including verbal abuse on the phone & harassment by letter! Just over 3 weeks later I received the reply again sent by ordinary first class post with a Newcastle Upon Tyne postmark, why not Northampton? I offered to pay the £800 at the rate of £5.00 per month but they are demanding the full amount with court costs added! There is no reference or explanation of why the disputed part of the claim was rejected. Is it now too late to contest the disputed part of the claim? I always thought that once a CCJ was sent that payments had to be made to the court, not the creditor, has this changed now? I have attached a copy of the reply, what do you guys think?

[Amethyst]

Re: CCJ from BW Legal

It will have come from Newcastle as your local county court following allocation. Presumably you haven't had anything else from the court in-between sending in your defence for part of the claim and receiving the judgment ?

You may want to give the court in Newcastle a call and ask if anything was submitted by the claimants after your defence.

You've taken the figures off the judgment so it's a bit hard to tell, are you positive judgment is for the full claim not for the part you admitted and offered to pay ? and is the order for £5 a month as you offered ?

[rayw51]

Re: CCJ from BW Legal

Thanks Amethyst, I will post more details shortly.

[rayw51]

Re: CCJ from BW Legal

Hello again,

No have not had anything in between sending claim & receiving judgement. I have attached original document showing figures etc. I realise that I still have to pay court costs, but shouldn't have to pay the disputed part of the claim, so I shall give them a call to see what's happened! Thank you very much for your help. :-)

[Amethyst]

Re: CCJ from BW Legal

I've taken your address off and reuploaded it xx Thank you. So it is judgment for the full debt as accepted, even though you only made a partial admission on MCOL.

Good that they've agreed to the £5 though.

Yes, give the court a buzz xx

[rayw51]

Re: CCJ from BW Legal

I've taken your address off and reuploaded it xx Thank you. So it is judgment for the full debt as accepted, even though you only made a partial admission on MCOL.

Good that they've agreed to the £5 though.

Yes, give the court a buzz xx

Hello again all,

Gave the court a call & a very pleasant lady said the judgement was wrong & that she would sort it out. A few days later I received the attached letter! Cheeky Lowells/BW Legal thought they could just claim what they liked! So a victory is looking good! :-)

[Amethyst]

Re: CCJ from BW Legal

Brilliant. When the claimants come back they should indicate whether they want to continue with the claim for the contested amount as well.

[Amethyst]

Re: CCJ from BW Legal

Actually you know when you repleid to the claim form originally - did you enter it to the court or just send it to BW Legal?

[rayw51]

Re: CCJ from BW Legal

Hi Amethyst,

I filled in the form online through MCOL, does that go straight to the court or BW Legal?

[Amethyst]

Re: CCJ from BW Legal

Court That's fine, sorry was just checking as sometimes people return the form to BW Legal and don't copy them to the court.

[rayw51]

Re: CCJ from BW Legal

Hi everyone,

Is this a good result? Does 'set aside' mean suspended? And can Lowell come back at me with a new CCJ?

[FlamingParrot]

Re: CCJ from BW Legal

Hi everyone,

Is this a good result? Does 'set aside' mean suspended? And can Lowell come back at me with a new CCJ?

It is good news indeed! Set aside means there's no CCJ.

Because set aside puts you in the same position you would have been prior to judgment being obtained, the creditor *could* issue a new claim, however, the court would normally only agree to set aside a judgment where there would have been good prospects of defending the claim in the first place.

[Amethyst]

Re: CCJ from BW Legal

Well done The Judgment has been set aside so it has basically reverted to the point where you entered your admission to part of the debt and defence to the remainder. I couldn't say what will happen next as its an unusual situation - I would have liked the claim to be struck out upon the claimants non compliance with the Judges order to produce a copy of the partial admission (although as it was done via MCOL I don't know why the court don't have that information already!), but the judgment has been set aside so you currently have no CCJ, though the claim is still live and back at the point of waiting for the claimants to either enter judgment on the correct sum and accept your offer to pay that amount (ie £800 at £5 a month) or argue against your defence to the disputed part of the claim. I think you just sit tight and see what happens really. Bit annoying but there we go.

[rayw51]

Re: CCJ from BW Legal

Ok thanks FlamingParrot, your reply is much appreciated :-)

[rayw51]

Re: CCJ from BW Legal

Thanks to you too Amethyst ;-)