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Forcing Evidence

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  • #1

    Forcing Evidence

    Hi,

    I've recently received a Claim Form where BW Legal are claiming an old defaulted loan. I don't recall the loan, which may sound odd, but I had a business 8 years ago and had several personal loans all of which I believed I had payed off. Certainly no one's been chasing me and I've lived at my current address for four years.

    BW Legal have denied my request to see any documentation, claiming it's tied up with Lowells. I believe that if the debt exists at all it could well be Statute Barred as I haven't had ANY loans in over 6 years although I would have been making payments on some more recently.

    My question is....Can I force BW Legal to produce evidence before we go to court? They're now offering a mediation option (which is a bonus as it doesn't end in a CCJ) but they still don't have to produce any documentation in mediation. I just start paying a £7399 debt which I may or may not owe.....

    Can anyone please help!!??
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  • #2
    Re: Forcing Evidence

    CPR 31.14 REQUEST

    What are the particulars of claim on the claim form, normally starts "money owed"
    Have you acknowledged the claim, what is the date of the claim

    Comment

    • #3
      Re: Forcing Evidence

      It references Lloyds TSB with a loan number but no date or payments made or even original value. I've spoken with Lloyds who cannot trace the loan, only suggesting it would have been sold to Lowells, then I've spoken to Lowells who claim to have sold the debt to BW Legal. BW Legal claim the paperwork sits with Lowells. I genuinely don't like the idea of having unpaid debt in my past, if I owe then I'll pay. I just don't believe I owe it. I payed off all loans around 5 years ago and can't understand why they haven't been chasing me for payment? I cannot risk at CCJ at all costs.

      Comment

      • #4
        Re: Forcing Evidence

        The date of the claim is 30th April 2014, My defence was that as BW Legal had denied me any further details of the contract and I hadn't taken out any loans in over 6 years so I could potentially assume the loan is Statute Barred. It is however, possible that payments were made on the loan and then stopped for some reason in which case the defence is void and I'll end up with a CCJ. Should I just go into Mediation and pay the debt. Once again I can't risk a CCJ.

        Comment

        • #5
          Re: Forcing Evidence

          Even if you get a CCJ, you will still have 28 days to pay it before it is recorded. I would do the mediation and tell them that you intend to ask the judge for an order to release those documents or strike out the claim within say 14 days for non compliance

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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