BW Legal on behalf of Lowell Portfolio, advice needed....

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Unbelievably BW Legal have filed their witness statement and they have now after all this time found and provided a copy of the agreement with my signature from 2005. I guess I am screwed now, what is my best option, going to the hearing seems a waste of everyone's time now, is it worth trying to do a deal with them? Also should I do it in writing or on the phone?

Many thanks....

[FlamingParrot]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Unbelievably BW Legal have filed their witness statement and they have now after all this time found and provided a copy of the agreement with my signature from 2005. I guess I am screwed now, what is my best option, going to the hearing seems a waste of everyone's time now, is it worth trying to do a deal with them? Also should I do it in writing or on the phone?

Many thanks....

Before going further, any chance of posting up the alleged agreement (remove your personal details before you do)? :typing:

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Many thanks, here is what they have sent...they also sent a load of statements too. Witness statement also posted. Would be great to get a plan as the hearing date is next Thursday.

[nemesis45]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Hi Unless I'm missing something there's not enough Ts & C's and I cannot see your name and address anywhere??

If this claimed to be a true copy or a "reconstituted" agreement in my opinion it fails to comply if there is no more than
you have posted here.

nem

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks for the quick reply, this is all they have sent, my name and address is on the personal details page but they seem to have sent only the signature page of the agreement. If they have this should one assume they have the rest?

If as you say i fails to comply what would the approach be?

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks for the quick reply, this is all they have sent, my name and address is on the personal details page but they seem to have sent only the signature page of the agreement. If they have this should one assume they have the rest?

If as you say it fails to comply what would the approach be?

Interestingly it refers to page 3 of the agreement on the personal details page for me to sign and the agreement with my signature is marked page 2

Actually having looked at the un blacked out copy, my name and address is referred to in the first section "1. Parties"

Having re-read again, it seems to be that this one page document is the entirety of the document that they are presenting as "The Agreement" It would be good to understand if this is the case whether it complies with what is required by the CCA and if not what I am able to do about it....

[nemesis45]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Can we see the personal details page please, and any other pages that have been provided?
Was this referred to as a " true copy of the agreement in any covering letter?

Or as a reconstituted agreement?

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

OK, apologies some confusion, I am overseas for work and they sent around 50 pages of documents and my wife missed some key information.
Basically they have sent a letter that supposedly ensures they comply with CPR 31.14 dated 6th October 2014 which was never received. This is page one of the attached document. (no longer attached but it simply says thank you for your recent request and we enclose a copy of the current and historic terms and conditions as requested (I didn't request this)
Page 2 and 3 are the supposed assignment and introduction of Lowell Portfolio as owners of the debt. I received these copies in the letter from BW Legal offering a deal in April.
The remaining pages are a standard template of terms and conditions (unsigned and not particular to me).
The signed document up loaded on the earlier post is the one page terms and conditions. This is the ONLY document they have presented signed by me with my address details on. The document Halifax agreement 2 is simply a record of my personal details again unsigned by me.
Where does this leave me? My not so well informed thought is that they don't have a fully compliant CCA for this and therefore it could be unenforceable? Any thoughts would be very much appreciated.
Thanks

[MIKE770]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Freefall you are showing all your personal details edit the post URGENT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks, they should have been obscured using a pdf editor I have, clearly its not up to the job, on my computer you can't see them!

[FlamingParrot]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Thanks, they should have been obscured using a pdf editor I have, clearly its not up to the job, on my computer you can't see them!

Will you be able to re-post it?

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

OK, I am back in UK now and can repost and summarise as follows:

B&W Legal witness statement states the following:
I entered into a credit agreement in July 2005 and they have sent a copy of the CCA (attached). This is a one page document signed by me. Does this constitute a full CCA with all required terms and conditions?
B&W Legal apologise for the typographical error on the account number
B&W Legal state that they fully complied with my CPR 31.4 request - they did not and the letter dated 6th October 2014 was never received. Added to which does sending a copy of current and historic terms and conditions meet the requirements of a CPR 31.4 request?
They state in this letter (also attached) that they would send a copy of the signed agreement - the only signed agreement presented is the one page document.
Documents attached:
1. One page CCA Agreement signed by me
2. Letter of 6th October in response to CPR 31.4 request
3. Copy of current and historic terms and conditions (not signed)
4. B&W Witness statement

I would be really grateful for some quick advice on this as the hearing is scheduled for Thursday. Is there a chance that this is unenforceable? If so I would be interested in finding someone good who understands this to represent me if anyone could be recommended. Or is it a lame duck and I am going to lose - should I try to come to an arrangement with them and how best to do this if I should?

Many, many thanks I am feeling nauseous about this whole situation....

[freefall]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Hi there, can anyone help me with this? Many thanks...

[Kati]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

[MENTION=55034]nemesis45[/MENTION] xx

[Amethyst]

Re: BW Legal on behalf of Lowell Portfolio, advice needed....

Pending Nem having a look, but they do all look complete and contain the relevant prescribed terms.

Current terms won't be signed as they have no need to be.

The original terms would have been printed on the reverse or an accompanying booklet with the agreement - which is signed and states you agree to be bound by the general terms. They do look to be the right terms for the date. So I'd say a Judge would rule they have complied with your CCA request.

There's a copy of the notice of assignment. NoA can be sent by the assignee or assignor headed paper with authority.

There isn't a copy of the default notice though -that's a weak argument to go into court as a LIP, as a screennote and example of the default notice from Halifax is all they would need.

Personally I think with the CCA, the assignment notice, the current and original terms recons, and the account statements, you should consider negotiating with the claimant - trying for a Tomlin order - using the missing default notice as leverage and bringing up that they bought the case last September and have only JUST supplied any documents evidencing the debt.

I don't know your circumstances so whether you can do an acceptable (and LONG TERM affordable) offer to get a Tomlin and avoid the CCJ I don't know. If it went into court and you lost then there may be some costs added (although with the lateness of these documents you should argue against any costs) but you should be able to get a repayment rate set by the court at a sensible rate according to your income/expenditure sheet.

That is just my opinion though.