CCJ issued against me by BW Legal/ Lowell

[MIKE770]

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?

Yes = unenforceable

[bri1967]

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.

Do you mean MBNA issued cards for bank of scotland? I'm pretty sure it was 1997 i got it.

What do you think is the best thing for me to do with the info i have provided? I'm getting more confused with this as to my best option

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Do you mean MBNA issued cards for bank of scotland? I'm pretty sure it was 1997 i got it.

What do you think is the best thing for me to do with the info i have provided? I'm getting more confused with this as to my best option

I'm sure you mentioned it was MBNA but can't see it now so probably imagined it, BOS took over a lot of MBNA cards in around 2006 so so I'm probably just confusing myself, sorry. xx

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I'm sure you mentioned it was MBNA but can't see it now so probably imagined it, BOS took over a lot of MBNA cards in around 2006 so so I'm probably just confusing myself, sorry. xx

Hi Sharon,

It was Bank of Scotland, no worries. I really need some good advice about which way to go with this?

Thanks for all your help so far

bri x

[pt2537]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

It was Bank of Scotland, no worries. I really need some good advice about which way to go with this?

Thanks for all your help so far

bri x

Was this a BOS card which got transferred to MBNA?

If so, look up MBNA v Chris Hutchings, this is a case which i dealt with and is reported on my blog i think, it may be of use to you

[pt2537]

Re: CCJ issued against me by BW Legal/ Lowell

http://consumercreditlitigationandde...notable-cases/

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

I'm not sure where I got MBNA from PT, confusing myself, and everyone else as usual lol.

As far as we're aware without having sight of any paperwork the debt is a £4200 debt to BOS for a credit card opened in 1997.

The CCJ is for £6200 to Lowell.

It's entirely up to you if you want to apply for a set aside on the basis that BW Legal/Lowell used your address for your other BOS card and you had informed them of the address change, I don't see it as being unreasonable that if you let them know of your address change for one debt they wouldn't change it as well for another, plus from what I can make out when you spoke to Lowell in February you discussed both debts as they informed you one had been sent to BW Legal, who you then contacted with change of address also, and tried to set up payments. So in my view, presuming the claim was issue after February for a default judgment in June, both the creditor (LOWELL) and their solicitor (BW) were aware of your new address.

Then defend the claim based on the non compliance with the CCA (which they can fix at any time before judgment, if they have it), the CCJ would be removed and you could try negotiate with BW/Lowell for installments without having the CCJ, or ask court to set the payments at an affordable level and have the CCJ back but with set payments rather than forthwith.

Or just go along with the CCJ and negotiate payments with BW Legal/Lowell.

[pt2537]

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)

not quite, it means that if they can reconstitute the agreement and if the Judge finds you "not a credible witness" then he can give judgment even if there is no agreement.

This was made clear in Arrow v Frost

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

Slightly biased view of Arrow v Frost -> http://www.restons.co.uk/index.php?id=59
And the judgment --> http://www.bailii.org/ew/cases/Misc/2013/27.html

They do have to supply a reconstructed agreement that contains the exact terms that would have been with the original agreement if it can't be located. Then there's an argument as to whether the Judge believes you would have signed it.

So far they have supplied nothing, and if they continue to supply nothing then it is unenforceable.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

Was this a BOS card which got transferred to MBNA?

If so, look up MBNA v Chris Hutchings, this is a case which i dealt with and is reported on my blog i think, it may be of use to you

I have no knowledge if this card got transferred to MBNA? Certainly i never was informed while i held the card that this had happened.

[FlamingParrot]

Re: CCJ issued against me by BW Legal/ Lowell

Hi Sharon,

It was Bank of Scotland, no worries. I really need some good advice about which way to go with this?

Not exactly advise, but I posted earlier about setting aside a CCJ on this thread: http://www.legalbeagles.info/forums/...271#post451271

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I have 5 days to act on this, and don't know what to do?? Can someone help me?? Please

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

I can only say what I would do, I would apply to set aside the claim, based on you having informed Lowell AND Bryan Carter of the change of address back in February, then I would see what comes back from your CCA requests and either defend on that basis or negotiate a Tomlin/Consent order with BC/Lowell to make installment payments at an affordable rate without having the CCJ on your file. If they didn't accept then you would be able to enter an admission and offer to pay and have installments set by the court and just get the CCJ back on your file.

[bri1967]

Re: CCJ issued against me by BW Legal/ Lowell

I can only say what I would do, I would apply to set aside the claim, based on you having informed Lowell AND Bryan Carter of the change of address back in February, then I would see what comes back from your CCA requests and either defend on that basis or negotiate a Tomlin/Consent order with BC/Lowell to make installment payments at an affordable rate without having the CCJ on your file. If they didn't accept then you would be able to enter an admission and offer to pay and have installments set by the court and just get the CCJ back on your file.

Hi Sharon,

Is Lowell / BW Legal i'm dealing with.

What is a Tomlin / consent order?

[Amethyst]

Re: CCJ issued against me by BW Legal/ Lowell

BW Legal gahhhh. Lowell use them both, a lot, so they get quite interchangeable in my mind. Soz I'll edit.

A consent / tomiln order is something like this

This is an Aktiv Capital one - quite standard terms, it basically means the claim stays on hold while you make payments as agreed, and no CCJ is entered, but if you start missing payments, they can just apply for the CCJ.