CCJ issued against me by BW Legal/ Lowell

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I'm a bit confused by this? Is it up to Lowell to supply it? I didn't ask BW to supply it later as i found them pretty unhelpful to be honest. They just said i had to fill an income assessment in. Told them i couldn't open the attachment they sent, and they reiterated that i needed to fill it in and that was that at the time

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Yes Lowell have purchased the debt from the original creditor ( for about 8.9% of its value ), which entitles them to claim the full debt from you and makes them the CREDITOR in the eyes of the Consumer Credit Act.

They should therefore take responsibility for providing the credit agreement after a formal request else they will be unable to enforce the debt through court.

Now, BEFORE you set aside the CCJ they aren't actually obliged to provide it, but AFTER you set aside the CCJ they will have to. So they could refuse at this stage, but are definatelly obliged to once the CCJ is set aside. So I would still send it now.

Have you rung the court yet to ask about the paperwork ? as we need that to make a start on the set aside application.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Apologies for the delay, been a stressful morning!!

I rang the court at Northampton (spent ages on hold!) and they said that while a judgement is entered in this case, they hold no paperwork with regards to this claim and suggested i rang the claimant. They also said that the claimant is well within their rights to use my last known address as it is my responsibility to update them? Apparently, the court papers were issued on 1 /2/14

Rang BW Legal, and spent ages on the phone getting fobbed off basically. They also said that they hold no paperwork as the only copy that was produced by the court would have been sent to me and as i didn't send it back (wrong address on it??) they won't have a copy of it either. Also said if i'm going to try to repay in instalments, i need to fill in an income / expenditure form that they are sending to me before they would approve any offers of payment. Also offered me a 20% discount if i wanted to settle completely?

Will send a CCA to BW Legal with a cheque for £1 and see what i get back from it.

Other than this, not sure where to go with this now as BW Legal seem really unhelpful at best!

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

CCA request has been made to BW Legal. Rang them again this afteroon and spoke to someone else there that completely contradicted what the first operator had kept saying to me. Basically, the account is now on hold (or so she said!!) pending a request for information ( I told her i was applying for a CCA)

Was told that they should have court papers and she would check this for me and get them sent to me when she gets them.

Also gave me contradicting information about income assessment to the information i got this morning!!

Promised to put everything she said to me in writing and i have been waiting for her email confirming this but alas, not got so far !! (at least they record calls!!)

All in all, a v. frustrating day all round

If i apply to set this aside, what actually happens?

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Hiya,

First thing to learn is DO NOT TRUST BW LEGAL. They are working for Lowell and want to get the CCJ against you to secure payment.

Send the CCA to LOWELL.

With the set aside application - you complete the application form, a draft defence, witness statement and submit either with your £50/£155 payment (without hearing/with hearing) - then the Judge makes a decision whether to setaside the CCJ - if he does then the CCJ is removed from your file and they are unable to enforce it - and the claim returns to the point it would have been at as if you just received the court claim - then you enter a defence (most likely on lack of CCA), it gets allocated to small claims track, a hearing is ordered (if necessary) and you get to have your say.

If you apply to vary the judgment (it will be a forthwith judgment at the moment so the full amount is owing immediately) then thats an application (as its late) which is £50/£155 as before and you ask the court to set an installment arrangement, which the claimants then have to go back to court if they want to increase it at all in the future. There's a possibility they could apply for a charging order (if you own your home) and you will have the CCJ on your file.

Negotiate installments directly with BW Legal - they will be able to just ask for more when they fancy, and if your affordable amount (as detailed by your income and expenditure forms) they could apply for a charging order (if you own your own home) to secure the debt. They also could set the installments to be reviewed in six months. And they COULD enforce in the normal way (bailiffs etc).

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Hi,

Apologies if i was rambling on about what BW Legal told me earlier. I don't trust them. I just wanted them to explain all the options available so i know exactly where i stand with regards to timescales to act etc and tried to keep you updated as i really appreciate your help.

The first operator i spoke to was a waste of space, argumentative and totally unhelpful to the point of ridiculous.

The second one i spoke to was much more amenable. Totally contradicted first person i spoke to, Offered to get me court papers sent, ordered CCA for me and was thoroughly apologetic for all the crap i have been told so far.

As you said, i'm thinking set aside is the way forward and hope they can't find a CCA for the account.

They have supposed to have put the account on hold pending the CCA request and i asked for this to be put in writing to me along with a few other points raised so on confirmation of this (if i ever get any?) it gives me some time to sort it out more calmly.

So i can set aside without a hearing for £50 and let the judge sort it out as to whether he accepts or not? Is this the best way to go or is a hearing better?

Meantime, i will send template CCA request to Lowell as suggested, and to BW Legal (not had time to formally request yet but they said they had ordered it for me) to make the application official and see what happens.

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Cool that's okay, just we had someone on earlier who the claimants told them the case was on hold while they sorted the paperwork, and they found out today they have a default judgment against them.

The second person you spoke to sounds better - hopefully they will send you the documents out, we don't NEED them for the set aside but it'd help confirm it is for the card you think it is for.

You can go without a hearing, on the address issues you should be okay, did you tell them in writing ? do you have copies of any of the other letters they have sent you over the last 6 months or so ?

A hearing is always better as you can argue your case at the time, but I completely understand that some find that a bit of a terrifying prospect (I do anyway)

Yes definitely send formal request and have a look through the set aside application notes I linked you to earlier. Time is of the essence as you have to act promptly once you are aware of the claim, so should really work on that over the weekend to submit Monday.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Cool that's okay, just we had someone on earlier who the claimants told them the case was on hold while they sorted the paperwork, and they found out today they have a default judgment against them.

The second person you spoke to sounds better - hopefully they will send you the documents out, we don't NEED them for the set aside but it'd help confirm it is for the card you think it is for.

You can go without a hearing, on the address issues you should be okay, did you tell them in writing ? do you have copies of any of the other letters they have sent you over the last 6 months or so ?

A hearing is always better as you can argue your case at the time, but I completely understand that some find that a bit of a terrifying prospect (I do anyway)

Yes definitely send formal request and have a look through the set aside application notes I linked you to earlier. Time is of the essence as you have to act promptly once you are aware of the claim, so should really work on that over the weekend to submit Monday.

Sadly, i know the account it relates to, as i had been paying it back to Lowell for at least a couple of years which is why i thought that trying to set aside would be difficult?

I didn't tell Lowell that i had moved address, but they have obviously done their homework for my other debt as they have been writing to me at my new address since the end of last November ( i have the letters!!) I informed them in February of my new address and agreed a repayment plan with my other debt to them.

I also informed BW Legal of my new address in March this year and at no stage did they intimate that they had commenced legal proceedings against me, had they done so, i would have been in a better position to deal with it.

Lowell or BW Legal have never contacted me with regard to the debt in question at my new address until i got the letter from BW Legal on Thursday afternoon.

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Just on the original debt front - what were they ? ( Creditor , year account opened, approx debt )

Also, not sure we've sussed if you own your own home or not yet?

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

original creditor was bank of scotland credit card. opened approx 1997, default approx 2005 but could have been earlier!! original debt £6k approx. Paid Lowell for at least 3 years ( i think, offhand?) at £50-£60 pcm until 2012. Live in rented accomodation now.

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

MBNA 1997 - unlikely that Lowell will have the credit agreement.

What kind of offer would you be able to make on the CCJ if you went down negotiating route?

Easier knowing you don't have a house , there's only limited things they can do to you.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Why is it unlikely that they will have the credit agreement?

If they don't have the agreement, can i claim back all that i have paid so far or not? What happens to the rest of the debt?

Would have to go cap in hand to family etc to make an offer to them so wouldn't know where to start? What would be a sensible amount that could be accepted if it comes to that?

[stevemLS]

Re: CCJ issued against me by BW Legal/ Lowell

Amethyst - to get a judgment set aside don't you have to show the procedural defect on which you rely AND that you have a reasonable prospect of defending the claim?

Unfortunately, from reading this it seems to me that they will be able to rely on service at last known address (given that OP has been clear that they did not notify the change of address in relation to THIS account) and nothing that has been said so far suggests that there may be grounds for defending the claim?

Best wishes

[MIKE770]

Re: CCJ issued against me by BW Legal/ Lowell

If they don't have the agreement, can i claim back all that i have paid so far or not? What happens to the rest of the debt?

You wish, we all would, but to be honest a paper statement trail would show transactions/payments for goods, so the DJ back would be right up on that front.

Means that:- NO CCA1974 Non Enforceable in court until one was found (IF)

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Nor sure i understand the last bit of your message? Did you mean if they can't provide a CCA, they can't enforce the remaining debt through the court?