CCJ and leter from bwlegal

[dog&bone]

Today I've received a letter from bwlegal in reference to a CCJ obtained against me in November 2013. The matter relates to car vehicle finance I had some 5/6 years ago. The finance agreement was a deal where the car could be surrendered and the finance deal terminated, unfortunately I cant remember the full details of the agreement and no longer have any paperwork relating to it.
At at the time of giving the car back to the finance company my situation was that I was out of work, me & my partner separated and I was suffering depression due to my mum passing away. I was also renting an apartment and my landlord decided to sell up. With all this happening I decided to move 300 miles away to start afresh.

To date, this is the first correspondence I've had regarding the CCJ so I'm totally in the dark as to what the £3000+ claim is for.

I'm unsure what to do first! Do I have a case now that a CCJ has been made to question what the charge is for? If I can should I question this with the court or with bwlegal? I'm even unsure if the CCJ is legitimate, though it does look true. So many times I've heard of dodgy so-called legal/solicitor letters. Even now my circumstances are a lot better, having been in and out of work and catching up with other debts I'm unable to pay the debt in full. I'll even struggle to make monthly payments as I still find myself having to borrow petrol money off family to get to work near to pay day.

Any help or advise you can offer me would be much appreciated.

[Amethyst]

Re: CCJ and leter from bwlegal

Hi dog&bone and WELCOME

If you have just had a letter from BW Legal regarding paying a court judgment and you don't know what it is for, then yes you should be able to have the judgment set aside so you can defend it.

So BW Legal say judgment was given in November 2013 - have you checked on your credit file to see if it is registered against you ? ( Noddle is free and quick)

Can you give me some more dates, when did you take out the HP approx? when did you hand the car back? What company was the finance with?

When approx did you move away?

Also who is the claimant the judgment is for - Lowell?

[dog&bone]

Re: CCJ and leter from bwlegal

Hi Amethyst & thank you,

I think there is more detail I could of provided you with. With the letter from bwlegal was also a copy of the CCJ. I have checked my file on Noodle and it does confirm this judgement from November 2013.

I acquired the Car in December 2006. At the time this was through a Sainsburys car purchase scheme, the company name Freeway appears on an old file I have. On the recent letter from bwlegal the originating creditor is listed as Bank of Scotland Vehicle Finance.

The car was handed back as such by posting the keys to a company called DLC, in northampton in September 2010 for them to collect the car. This was done in agreement with DLC as I was leaving the property and did not have a fixed address to goto.

The claimant shown on the CCJ is 'Prac Limited'.

If I ask for the judgement to be set aside so I can defend it, do I stand a chance of incurring more fees? I also notice on the letter from bwlegal the full amount payable is £100 more than is shown on the CCJ form. The letter from bw legal also asks me to complete an Income & Expenditure Questionnaire which I don't mind doing but its likely to show a minus for my leftover income per month.

Any direction you can provide me with I really appreciate. Please also advise if you require any more detail.

[dog&bone]

Re: CCJ and leter from bwlegal

Hi Amethyst, Any more help you could offer me would be much appreciated. Many thanks

[Amethyst]

Re: CCJ and leter from bwlegal

Hi dog&bone, sorry I missed your post before.

Where had the claim been served to? The address you'd left in 2010?

Setting aside and defending the debt may well incur fees, the set aside fee to begin with and there's the risk of costs if you then went on to lose.
If you are in a position where you have no assets and a low income, and aren't really that fussed about having the CCJ on your credit file (until Nov 2019) then you could just complete the IE form and make them an affordable offer. It really does depend on what you want to do and what your circumstances are.

I don't know who Prac Limited are. Presumably they are a company the debt was sold on to. I also don't know a lot about car finance. Presumably you got into debt with the vehicle payments and arranged with DLC to give up the car, they collected it, sold it at auction, added their fees, and then billed you for the difference between what they got for the car and the amount under the agreement and that's what the claim was for?

Sainsbury's, Freeway, BOS. DLC and Prac .... so in your old file do you have the original agreement?

[dog&bone]

Re: CCJ and leter from bwlegal

Thanks Amethyst,

I'm unsure which address the CCJ was service to me at. The copy of the CCJ that bwlegal has sent me only has my name on it and no address for me. Unfortunately I no longer have the original agreement. I think, like you say I'll have to complete the IE form and take it from there. Many thanks for your help.