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

**Kati** · 13th September 2014, 16:08:PM

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

Originally posted by freefall View Post

Hello all

I have received a Claim form from BW Legal and after reading some of the forums have now acknowledged service and have written to BW Legal with a CPR 31.14 request and Lowell with a CCA request. As it happens they have (on the claim form) given an incorrect account number (by one digit) so presumably if they are looking for this account they will have a little trouble. A search on Equifax reveals that this account (or rather the correct one) defaulted in January 2010 so it isn't statute barred.

At what point should I post my defence? Should I wait for some response from the claimants? Also what is my position in regard to the incorrect acount number? Will they have to re-issue a new claim with the correct one (if they work it out)?

Many thanks for your help

I cannot be sure (although I know there are Beagles on here who can correct me) but I would assume that if they have incorrect details on the claim form then shouldn't it be invalid??
I'd assume they can't bring a case to court if their paperwork is wrong ....

This - http://www.legalbeagles.info/forums/...it-Court-Claim - is a good thread to start looking at for advice while you are waiting for my more knowledgeable Beagles to post on here :tinysmile_twink_t2:

Kati x

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

K x

**freefall** · 13th September 2014, 16:53:PM

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

Great, thanks for that lthough presumaby it would be a simple matter for them to re-issue with the correct account number?

**freefall** · 14th September 2014, 21:09:PM

Wrong account number on Particulars of Claim...what should I do?

Hi All, I have received a County Court Claim from BW Legal on behalf of Lowell Portfolio and it has the wrong account number on it. I have acknowledged receipt online and have drafted CPR 31.14 request and CCA request but wondered if this is the right thing to do as at the moment I can't help thinking the the claim is currently not viable as it has the wrong account details. Should I send the CPR and CCA referencing the account number on the Particulars of Claim which I assume will alert them to the fact that they have made a typo or file a defence saying that the account in referred to in the Particulars does not belong to me?

Many thanks for your help.....

**freefall** · 16th September 2014, 12:01:PM

Re: Wrong account number on Particulars of Claim...what should I do?

Not sure if I am doing something wrong here, no one is responding, have i missed somethig, really need some help with this, don't want to make anu mistakes...

**Amethyst** · 16th September 2014, 12:05:PM

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

I've merged the threads.

The account number won't make a difference in the grand scheme of things no. If anything it's in your favour, but I wouldnt be too excited about it as it's easily correctable.

You've sent off the acknowledgement, and should send off the CPR request and the CCA request (use the reference they gave you) so really it is just a matter of waiting for response and keeping an eye of the dates so you know when to put your defence in ( 33 days after the issue date printed on the claim form)

I don't think you have mentioned what the original debt was? Was it a loan / credit card / catalogue / current account ?

**freefall** · 16th September 2014, 12:17:PM

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

Its a credit card and the outstanding amount is £7892.05 (including interest of £1577.34) plus costs amounting to a total of £8402.05 which is a pretty terrifying amount.

What also concerns me is that Lowell have another couple of big ones that they haven't made a claim yet relating to Lloyds , one around £16K (default date 17/12/2009) for a credit card and £11k (default date 26/11/2010) for an overdraft (this all relates to a business that I was funding personally through credit cards and O/D which went bad around 4-5 years ago). I obvioulsy don't want to trigger anything else and had been hoping to get through to statute barred....doesn't look like this will happen, so hoping that haven't got agreements or can't get hold of them as there is no way this can be paid back probably in my lifetime!

**freefall** · 7th October 2014, 11:02:AM

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

Hi All, I have been chasing B & W Legal for the extra 28 days to file my defence as to date they have failed to provide any documenttaion. I spoke with them on 26th September and asked them for extension. Initially they said I didn't need it as they had put the case on hold until the documents came in but perservered and eventually they said they would send me a letter. Nothing came so i rang again yesterday (6th Ocotber) and requested confirmation by e-mail. They took some security details (some guff about sending a secure e-mail) and said I would get something shortly. Today stil nothing. The 33 days expires on Friday and I am not sure what to do now. I can chase them again but if nothing in writing comes through can I apply to the court to get the extension? How do I actually do this anyway as I can't find anything on Money Claim Online to do this - do I need to contact them directly? Please can you help I am getting worried that I will get a default judgement....

**Amethyst** · 7th October 2014, 11:05:AM

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

Thewre isn't a way to do this through the court as an extension is just an agreement between the parties. If you have nothing from them in writing then you will need to get your defence filed. There is a starting point for defence http://www.legalbeagles.info/forums/...t-Court-Claims if you want to have a go at drafting it and if you want it checking over then pop it on here once you're done xx

Credit card you should be okay with the CCA defence so long as you sent the CCA letter with the £1 at least 14 days ago (which I think you did around 16th Sept so that's fine

)

Have a look at the example defence and feel free to ask ANYTHING you aren't sure of.

**freefall** · 7th October 2014, 11:11:AM

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

Thanks for the quick response, although coincidentally I have just received an e-mail from them agreeing to put my case on hold until 29th October for me to file my defence. How is this actually done at this stage, do I phone the court and get an e-mail address or postal address to send it to?

**freefall** · 28th October 2014, 13:15:PM

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

Since I am now nearing the end of the extended time period, I have to submit a defence. Below is what I propose to send - re point 3. this relates to the fact that they have got the account number wrong on the claim form - so this statement is strictly true, but if/when it becomes clear that an error has been made do I risk being thought of as too smart by the judge if I make this statement? Many thanks

1: I received the claim XXXXXXX from the Northampton County Court on 12^th September 2014

2: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

3: It is denied that the Defendant has previously entered into an agreement with HBOS PLC for provision of credit with the account number outlined on the claim.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6. The Claimants statement of case states that the account was assigned from XXXXX to Lowell Portfolio on 22/7/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that XXXXX served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 13/9/2014 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I also requested the Claimant provide copies of the agreement, the assignment and the default notice.

9. BW Legal has not sent any of these documents to me.

10. On 13/9/2014 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), and this has been extended to 29/10/2014. This is now due and as stated, no documents have been received.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed is proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

**freefall** · 28th October 2014, 18:49:PM

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

Hi, is there anyone out there who can help?

**Amethyst** · 29th October 2014, 10:47:AM

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

Your defence does sound fine, you can only state the facts, and the facts are the account number is wrong, so I really wouldn't worry.

**freefall** · 4th December 2014, 16:42:PM

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

I had hoped this was resolved, submitted defence and had notification from the court that unless the claimant contacted the court within 28 days the claim would be stayed. Just within the time BW Legal came back saying their client intends to continue with the claim, however, still absolutley nothing in terms of the credit agreement etc.

How long can this go on - now they have said they intend to continue, how long can they offer nothing in response to my defence?

Many thanks

**Kafka** · 4th December 2014, 18:11:PM

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

They are in the driving seat here because they brought the claim, so technically the court is awaiting their instructions to proceed. All of this is good for you, of course.

You can take the initiative by filing an order to get the claim struck out if they still don't comply, but that puts the responsibility on you and you have to pay for that. In most cases people just wait and see. If they still can't come up with anything then either they withdraw the claim or else it just sits there stayed.

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