CCJ issued against me by BW Legal/ Lowell

[bri1967]

Help!! Just received a letter from BW Legal stating that they have obtained a CCJ against me in June and now require full payment of a large sum of money within 10 days to prevent further action being taken against me.

I was paying off this debt to Lowell for a few years and stopped when i became unemployed.

I have not received any court papers informing me about any of this, nor have BW Legal informed me they were doing this, despite being in email contact with them on a few occasions earlier this year.

I contacted Lowell by email to restart small payments on 2 debts they hold of mine back in February. They set up payments on 1 of the debts, but told me the other had been "outsourced" for collection and instructed me to contact BW Legal which i duly did.

Bw Legal told me that i had to complete an income assessment that they emailed to me but i was unable to open the attachment they sent, and despite telling them this, they did not send it any other way.

Since then, i have had no contact with BW Legal until today, when a letter arrived with the details i mentioned at the top of the post.

Can anyone please tell me what i need to do to sort this out quickly.

Thank you in anticipation of assistance

[Johnboy007]

Re: CCJ issued against me by BW Legal/ Lowell

Ask BW for written proof of the CCJ. They have to supply this, as anyone could write to you saying that they have a CCJ against you.
If they cannot send you proof of a CCJ then ignore them
Also add this to the end of your letter.
Please Note: I wish to deal with this matter in writing and I do not give your organisation or agents acting on your behalf, permission to contact me by telephone, email or text. Should you do so, I must warn you that the calls could constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Ask BW Legal, what legislation they are using that makes it obligatory for you to fill in an income assessment and give it to them.
Tell them when they can provide this information, then you will consider it.

It seems like BW have 'purchased the debt from Lowell.
If you want to pay off this debt, then only offer what you can reasonably afford.
Or you can challenge the debt.
The only weapon that the likes of Lowell and BW have is 'FEAR'.
Take away the fear factor, and they have nothing.

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Bri

Firstly you should check on your credit file (noddle is quick and free) and the register of judgments ( http://www.trustonline.org.uk/ )

Let us know what they come back with, and a bit more about the background of the debt, how much it is etc and we can look at whether it is a good option to set aside the CCJ and defend, or just apply to vary to instalment payment orders.

If it isn't showing on there, then you'll need to give BW Legal a call (or email) asking for details of the CCJ, as you have had no information or court papers.

Try not to worry, just need to gather the information together so we know what we're working with.

Have you moved recently?

Sharon
xx

p.s. I wouldn't try harrassment or anything like that, just concentrate on gathering the information, finding out if there is a CCJ, when they got it, how much it is, and working out what the debt is, what documents you do / don't have and whether we can get it set aside and defend/offer. Sorry Johnboy, I don't think going in on the offensive at this stage will be particuarly helpful.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

Thank you for the information you provided. I have signed up to Noddle and can see the judgement against me at a previous address, apparently the judgement was made on 11 June 2014. Seems the letter i received today is authentic.

The debt is for £6121 to Lowell group for an old credit card with Bank of Scotland. It was at £4200 last time i heard anything!

I was repaying this account to Lowell on a monthly basis until i lost my job in August 2012. I moved shortly afterwards and didn't inform them. However, Lowell have been writing to me at my new address since last year with regard to another account i hold with them and i have been making regular payments on this second account for 4 months now.

I also asked Lowell to agree a repayment schedule on the account they now hold a judgement on but they told me it had been "outsourced" to BW Legal and i would need to contact them to do this.

I contacted BW Legal by email in February to try and arrange a new payment plan and after a month (and 3 emails sent to them) waiting for a reply, they informed me that i would have to fill in an income assessment. They sent me this in a later email but i was unable to open the attachment and told them this. they then said that i needed to phone them, but i'm not comfortable discussing things of this nature over the telephone, and prefer to get things in writing.

I have had no further contact with BW Legal until a letter came to my current address today, telling me they have a judgement against me and i have 10 days to pay.

I'm currently not working, and have already told them this in my initial contact so it's impossible for me to find this kind of money.

I'm at a loss as to what to do with this. Would an application to Set aside be worthwhile?

What do you suggest

bri

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

Thank you for the information you provided. I have signed up to Noddle and can see the judgement against me at a previous address, apparently the judgement was made on 11 June 2014. Seems the letter i received today is authentic.

The debt is for £6121 to Lowell group for an old credit card with Bank of Scotland. It was at £4200 last time i heard anything!

I was repaying this account to Lowell on a monthly basis until i lost my job in August 2012. I moved shortly afterwards and didn't inform them. However, Lowell have been writing to me at my new address since last year with regard to another account i hold with them and i have been making regular payments on this second account for 4 months now.

I also asked Lowell to agree a repayment schedule on the account they now hold a judgement on but they told me it had been "outsourced" to BW Legal and i would need to contact them to do this.

I contacted BW Legal by email in February to try and arrange a new payment plan and after a month (and 3 emails sent to them) waiting for a reply, they informed me that i would have to fill in an income assessment. They sent me this in a later email but i was unable to open the attachment and told them this. they then said that i needed to phone them, but i'm not comfortable discussing things of this nature over the telephone, and prefer to get things in writing.

I have had no further contact with BW Legal until a letter came to my current address today, telling me they have a judgement against me and i have 10 days to pay.

I'm currently not working, and have already told them this in my initial contact so it's impossible for me to find this kind of money.

I'm at a loss as to what to do with this. Would an application to Set aside be worthwhile?

What do you suggest

bri

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Thanks Johnboy,

I will ask them for a copy of the CCJ as suggested.

Is it obligatory for me to complete an income assessment like they insisted i do when making an instalment offer?

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

Thank you for the information you provided. I have signed up to Noddle and can see the judgement against me at a previous address, apparently the judgement was made on 11 June 2014. Seems the letter i received today is authentic.

The debt is for £6121 to Lowell group for an old credit card with Bank of Scotland. It was at £4200 last time i heard anything!

I was repaying this account to Lowell on a monthly basis until i lost my job in August 2012. I moved shortly afterwards and didn't inform them. However, Lowell have been writing to me at my new address since last year with regard to another account i hold with them and i have been making regular payments on this second account for 4 months now.

I also asked Lowell to agree a repayment schedule on the account they now hold a judgement on but they told me it had been "outsourced" to BW Legal and i would need to contact them to do this.

I contacted BW Legal by email in February to try and arrange a new payment plan and after a month (and 3 emails sent to them) waiting for a reply, they informed me that i would have to fill in an income assessment. They sent me this in a later email but i was unable to open the attachment and told them this. they then said that i needed to phone them, but i'm not comfortable discussing things of this nature over the telephone, and prefer to get things in writing.

I have had no further contact with BW Legal until a letter came to my current address today, telling me they have a judgement against me and i have 10 days to pay.

I'm currently not working, and have already told them this in my initial contact so it's impossible for me to find this kind of money.

I'm at a loss as to what to do with this. Would an application to Set aside be worthwhile?

What do you suggest

bri

Ahh okay. When did you move? When you contacted them in February did they know your new address? Basically should they have known you had moved and they were serving the papers at the wrong address - just makes set aside easier if we decide to go down that route.

DO you want to try and get rid of the CCJ and set up an installment plan (or defend the claim) ?

DO you actually know what the debt is ? credit card / loan ? who is the original lender ?

I'll probably not get back on till tmw xx

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

Thank you for taking the time to help me. The debt is for an old credit card to Bank of Scotland. I had been paying it back to Lowell on a monthly basis until August 2012 when i lost my job.

I moved at the start of November 2012 and Lowell have been sending mail to my new address since before christmas 2013 in relation to another account they hold of mine.

I confirmed my new address to Lowell around mid February this year when they accepted my offer to repay the second account they hold of mine, and upon finally getting a reply from BW Legal, i gave them my new address in mid March (it took them almost a month to reply to me!!).

Ideally, i would get rid of the CCJ and set up a repayment plan with them if possible. I don't know when they initiated legal proceedings against me, but having checked my credit report as you suggested, i now know that it was done at my old address.

I'm puzzled as to why BW Legal did not give me any notification that they had started legal proceedings after i had supplied my new address to them, but have since chosen to use said details now they have obtained judgement against me.

Hope this helps?

Thanks again

Bri

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

'' I moved at the start of November 2012 and Lowell have been sending mail to my new address since before christmas 2013 in relation to another account they hold of mine.''

You should have no problem setting this aside.

Taking kids to school be back bit later on xx

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I thought it was difficult to set aside a judgement? I'm sure i have read somewhere recently that it is my responsibility to inform them that i have moved?

As i said, i didn't actually confirm my new address until around mid February this year. Is this likely to cause a problem if it goes to a hearing?

i don't know how it all works and am worried

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

I thought it was difficult to set aside a judgement? I'm sure i have read somewhere recently that it is my responsibility to inform them that i have moved?

As i said, i didn't actually confirm my new address until around mid February this year. Is this likely to cause a problem if it goes to a hearing?

i don't know how it all works and am worried

If they got judgment on 11th June then it is likely the claim was submitted mid April. You also gave BW Legal your address in March.

Plus they had your address for the other debt and have been writing to you quite happily.


Send a CCA request to Lowell ( http://www.legalbeagles.info/forums/...y-of-Agreement ) now

Also call the court (Northampton) and ask if they can send you copies of the paperwork for the claim. ( 0300 123 1056 / 01604 619400 )

Call / Write to BW Legal and ask them for details of the claim / ccj as this is the first you have heard of it.

To set aside the claim have a read here - http://www.legalbeagles.info/forums/...plicaton-notes

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

If they got judgment on 11th June then it is likely the claim was submitted mid April. You also gave BW Legal your address in March.

Plus they had your address for the other debt and have been writing to you quite happily.


Send a CCA request to Lowell ( http://www.legalbeagles.info/forums/...y-of-Agreement ) now

Also call the court (Northampton) and ask if they can send you copies of the paperwork for the claim. ( 0300 123 1056 / 01604 619400 )

Call / Write to BW Legal and ask them for details of the claim / ccj as this is the first you have heard of it.

To set aside the claim have a read here - http://www.legalbeagles.info/forums/...plicaton-notes

I asked Lowell for a copy of the CCA a few months ago and they told me i would have to ask BW Legal for this? Is this correct as BW Legal are acting on behalf of Lowell whom they state on the CCJ letter as being their client?

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Definately wrong way round, should be BW legal asking Lowell for it, and then more than likely, Lowell asking original creditor for it.

If it was more than six months ago then you should send a new request to LOWELL. If not, - do you have the date it was sent / copy of the letter etc ?

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I didn't send a template letter asking for it at the time. I just sent an email to Lowell, asking for CCA copies on both accounts. They sent me one for the account they still hold, but said this about the other on 5/3/14.

Unfortunately as the account has been outsourced to BW Legal, I cannot request for a copy of the credit agreement from HBOS PLC as we longer have full access to this account. You will need to request this document from BW Legal when you receive their response

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

I didn't send a template letter asking for it at the time. I just sent an email to Lowell, asking for CCA copies on both accounts. They sent me one for the account they still hold, but said this about the other on 5/3/14.

Unfortunately as the account has been outsourced to BW Legal, I cannot request for a copy of the credit agreement from HBOS PLC as we longer have full access to this account. You will need to request this document from BW Legal when you receive their response

Ahh, bit of a fob off, did you ask BW Legal for it ?

I would send the ''template'' with the £1 so it makes it a formal legal request. I'd also send two, one for each of the loans you know they have on their books. Send it to Lowell by recorded delivery.

You'll need it for your defence later if we get it set aside.