Apparent CCJ from BW Legal

[EXC]

Re: Apparent CCJ from BW Legal

How do we proceed from here? Especially considering her ex-husband was also on the loan, doesn't appear to have been harassed AND we supplied contact details in the past?

Don't worry, my colleague will be along at some point and she'll know exactly what you need to do.

[Khaine]

Re: Apparent CCJ from BW Legal

Alright. Thank you very much for the help thus far.

For a start, it's calmed my fiancee down a bit, which is great as this is really bad for her mental health.

[EXC]

Re: Apparent CCJ from BW Legal

No problem and that's good to hear.

[Amethyst]

Re: Apparent CCJ from BW Legal

Good Morning

Thanks EXC xx

Okay the situation is that we have a default CCJ for £7k+ for a Lloyds Loan which we need to apply to set aside so we can defend.

We don't actually know 100% whether the CCJ is for the original loan or the consolidation loan as we have no further information than the Trust Online record and the letter from BW Legal. We're assuming it's for the one that was paid off as the CCJ appears only to be in your fiances name and the consolidation loan was in joint names ( you believe) - Have YOU actually seen ANY paperwork for either of the loans ?

We need to make an application to set aside the CCJ, complete a fee remission form, and send a couple of letters off to Lloyds, Lowell and B W Legal.

1) Set Aside Application (£155)
2) Fee Remission ( hopefully that will remove the £155 fee for set aside)
3) CCA request to Lowell (£1)
4) Letter to BW Legal in response to their letter
5) Subject Access Request to Lloyds (£10)
6) 2 x CCA request's to Lloyds (£2) ( for both Loans - original and consolidation )

I'll put the letters in following posts.

Just want to say ARRRRRRGGGGGHHHHHHHHHHHH at Citizens Advice. Absolutely terrible advice given back then this should have been sorted at that point.

[Amethyst]

Re: Apparent CCJ from BW Legal

Fee Remission - EX160

You will need to complete this and get together evidence of benefits and income.

Court and Tribunal Fees - do I have to pay them?
Download ex160a-from-07-october-eng.pdf (PDF 301KB)
This leaflet includes the EX160 Application for a Fee Remission Form.



Fee remissions contribution calculator (Excel)

[Amethyst]

Re: Apparent CCJ from BW Legal

CCA request

• Send one to Lowell - with a £1 Postal Order for the loan the ccj was for
• Send one to Lloyds - with the £1 Postal Order - for the original loan paid off in 2004
• Send another to Lloyds separately with a £1 Postal Order for the consolidation loan.

---------------------------------------------------------------------------------

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− ( account number if you have it - if not type of debt and original creditor name)

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully

signature


SARAH JANE SMITH

---------------------------------------------------------------------------------

[Amethyst]

Re: Apparent CCJ from BW Legal

SAR to send to Lloyds with £10 postal order or cheque.

---------------------------------------------------------------------------------------

[Your full address]
[Phone number]

21st December 2014

Data Protection Officer
Lloyds Bank Plc
25 Gresham Street,
London
EC2V 7HN


Dear Sir or Madam

SUBJECT ACCESS REQUEST - Data Protection Act 1980
Ms SARAH JANE SMITH - Address: xx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx x

I formally request that you forward me a true record of any Data held by your organisation relating to myself for the complete term of any account(s).

I am aware this request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

I would be grateful if you would provide the following: -

• Full copies of all contracts/agreements which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.
• Full copies of any transaction lists, screen notes, call recordings you may hold.
• Copies of any and all terms and conditions which relate to any accounts I have held with you as at inception or as may have been varied.
• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual , organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.


Yours faithfully


[Signature]

SARAH JANE SMITH

------------------------------------------------------------------------

[Amethyst]

Re: Apparent CCJ from BW Legal

Letter to BW Legal in response to their letter

[Your full address]
[Phone number]

21st December 2014

B W Legal
The Tannery
91 Kirkstall Road
Leeds
West Yorkshire
LS3 1HS


Dear Sir or Madam

Your Client: Lowell Portfolio Ltd
Original Creditor: Lloyds TSB Bank PLC
Balance Due: £7003.77
Original Account Number: xxxxxxxxxxxx

Thank you for your letter dated xxxxxxxxx regarding a County Court Judgement ("CCJ") which your Client has obtained against me. I have checked with the register of Judgments and it appears your client obtained a CCJ on the 4th December for a total of £7003.77

Until receipt of your letter I was unaware of any proceedings being taken and have not received any documentation regarding this claim from either the Court, yourselves or your Clients. In fact I have not had any communication relating to any accounts previously held with Lloyds Bank (the Original Creditor) for at least 4 years. I am unaware of any outstanding debt owed to the Original Creditor or of any assignment made to your Client of any debt.

I will be applying to the County Court to set aside the default judgment under CPR 13;

I will forward a copy of my application to set aside the judgment under separate cover.

Kind regards

SARAH JANE SMITH

[Amethyst]

Re: Apparent CCJ from BW Legal

SET ASIDE APPLICATION FOR COURT

You will need to make your application onform N244

The N244 form will need to be accompanied by a Witness Statement, a Draft Order, and a Draft Defence.

These will all need amending and writing to suit your circumstance but should serve as a rough guide for you.

These will need to be signed and sent the originals to the court along with the EX160 fee remission forms and evidences, and a photocopy should also be sent to B W LEGAL.

Just shout if you have any questions or want anyone to check over drafts before sending anything off.

-----------------------------------------------------------------------------------------------------------------

The N244 is quite self explanatory but here is an example/guide.



You then need to attach a 'Draft Order for Directions' and a 'Witness Statement' to this application, these should be printed on separate sheets of paper.

---------------------------------------------------------------------------------------

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

DRAFT ORDER
_________________________________

IT IS ORDERED THAT:

Upon reading the defendant's application dated xxxxxxxxxxxxx

It is ordered that:

1. 
   The judgment dated [insert date of judgment] be set aside.
2. 
   The Defendant shall file and serve its Defence by 4pm on [insert date].
3. 
   The Claimant do pay the Defendant's costs of this application to the sum of £155
4. 
   The Claimant has permission to file and serve a reply if so required.

---------------------------------------------------------------------------------------


You will also need a Witness Statement

---------------------------------------------------------------------------------------

IN THE NORTHAMPTON COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

LOWELL PORTFOLIO

Claimant

- and –

Defendant

SARAH JANE SMITH

_________________________________

WITNESS STATEMENT OF SARAH JANE SMITH
_________________________________

I SARAH JANE SMITH of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated 4TH DECEMBER 2014) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I only learnt of the existence of this claim on the 20th December 2014 when I received a letter from the Claimant requesting payment of the judgment by instalments of £180 PER MONTH [EXHIBIT A] .

4. I did not receive any documents from either the Northampton County Court or the Claimant before the judgment was entered and therefore had no opportunity to defend the claim.

5. I checked the judgment had been entered by searching on Trust Online as I contacted the court and they are unable to send me any copies of the claim form.

6. I do not have any other information regarding the claim however I believe it to be from a regulated Consumer Credit Loan Agreement with Lloyds Bank which was settled in full 2004.

7. Had I received the claim form from the court I would have defended the claim in full as I do not believe any debt is owed to the Claimant and I have had no prior notification or communication from the Claimant.

8. I would not have been able to offer payments of £180 a month as my only income is Income Support and Disability Living Allowance, and in any case I do not believe there is any debt owed to the Claimant.

9. I have today, 21st DECEMBER 2014, written to the Claimant and the Original Creditor to obtain more information and documents supporting their claim.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, SARAH JANE SMITH, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

---------------------------------------------------------------------------------------




And Your DRAFT DEFENCE TO THE CLAIM (if you know what the claim was) This needs to show you have a reasonable chance of success at defending the claim against you.


---------------------------------------------------------------------------------------
IN THE XXXXXXXXXXXXXX COUNTY COURT

CLAIM No: xxxxxxx

BETWEEN:

NAME of CLAIMANT

CLAIMANT

And

YOUR NAME

DEFENDANT

__________________________________________________ ______
Draft Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an regulated credit agreement with LLOYDS BANK ( the ORIGINAL CREDITOR ) in / around 2003/2004.

2. The Defendant has not received any notice of assignment of the agreement from the Original Creditor to the Claimant.

3. The Defendant has not received any Default Notice relating to the agreement.

4. The Defendant believes the claim may be for a Loan agreement which was repaid in full in 2004.

5. The Defendant has request copies of credit agreement under s.77 of the Consumer Credit Act 1974.

6. The Defendant has also requested further information of any debt from the Original Creditor under the Data Protection Act 1980.

5. It is denied that the Defendant owes the Claimants £XXXX as stated.


I believe the facts stated in this Defence are true.


Signed __________________________

Dated: ____________________________






---------------------------------------------------------------------------------------

[Khaine]

Re: Apparent CCJ from BW Legal

Good Morning

Thanks EXC xx

Okay the situation is that we have a default CCJ for £7k+ for a Lloyds Loan which we need to apply to set aside so we can defend.

We don't actually know 100% whether the CCJ is for the original loan or the consolidation loan as we have no further information than the Trust Online record and the letter from BW Legal. We're assuming it's for the one that was paid off as the CCJ appears only to be in your fiances name and the consolidation loan was in joint names ( you believe) - Have YOU actually seen ANY paperwork for either of the loans ?

We need to make an application to set aside the CCJ, complete a fee remission form, and send a couple of letters off to Lloyds, Lowell and B W Legal.

1) Set Aside Application (£155)
2) Fee Remission ( hopefully that will remove the £155 fee for set aside)
3) CCA request to Lowell (£1)
4) Letter to BW Legal in response to their letter
5) Subject Access Request to Lloyds (£10)
6) 2 x CCA request's to Lloyds (£2) ( for both Loans - original and consolidation )

I'll put the letters in following posts.

Just want to say ARRRRRRGGGGGHHHHHHHHHHHH at Citizens Advice. Absolutely terrible advice given back then this should have been sorted at that point.

Holy crap, that's a lot of letters! I need to get these done by Tuesday since we'll be going to see my parents 250 miles from home.

Right, according to the fiancee, she is FAIRLY sure it's the original loan, as she believes the consolidation loan should be £10k+, but she isn't 100% sure. However, she is ENTIRELY sure that both loans were in both names. As such, her ex-husband should be included in this rather than them just going after her.

Because I deal with any financial stuff, I HAVE seen paperwork for BOTH loans AND an overdraft that Lloyds caused themselves, by constantly taking money they didn't have out of their TSB account. They got it set to 0, asked to close it, had the paperwork STATING it was closed and then went to another bank. Turns out Lloyds didn't close it and instead put the account into debt. We haven't heard anything about that for a while. So, as it stands, there are currently 3 debts with Lloyds TSB.

1) The original loan (which my fiancee believes is the £7k one, but isn't sure).
2) Another loan (taken out in 2004 to consolidate the old loan and credit cards).
3) An unpaid overdraft caused by the bank themselves, trying to take payment for the loan in point 1.

As mentioned, I have seen paperwork for all of that, but it's now with her ex.

[Khaine]

Re: Apparent CCJ from BW Legal

Ah... okay... this is a rather important question.

All of the letters and such are drafted from the viewpoint of my fiancee writing them. She is incapable of dealing with any financial situations, hence why I do it all, due to her serious mental health problems. As such, how can I amend them so I'm writing them on BEHALF of her, but have her sign them and still be above board?

[Kati]

Re: Apparent CCJ from BW Legal

couldn't you draft a letter saying she is giving you the power to deal with it all with her consent that she then signs?? I'm not sure if it would work, but it would be worth a try

[Khaine]

Re: Apparent CCJ from BW Legal

I did wonder if I could just append that to the start of each letter.

As an example: This letter is written on behalf of <fiancee> as her legal carer.

<letter information>

Yours Sincerely

<My name>

I can confirm this letter was written with my consent.

<fiancees signature>
<fiancees name>

[Kati]

Re: Apparent CCJ from BW Legal

or maybe:

I <fiancées name> hereby give my consent for <your name> as my representative to conduct all enquiries and to henceforth act on my behalf in regards to this matter.
<extra info as needed>

signed by her
<fiancées name>

as I said before, I'm not 100% sure it will work (maybe [MENTION=6]Amethyst[/MENTION] will be able to advise on it or ask someone who'll know for sure?) but I think it's got to be worth a try :santa_smiley:

K x

[Khaine]

Re: Apparent CCJ from BW Legal

Okay.

I have either fully completed or partially completed all of the documents. Can I e-mail them to someone for verification? I'd like to get this sent off within the next few days, but I'm concerned about the Fee Exemption form, since we can't provide Income Support evidence without contacting the jobcentre, and that info most certainly will not turn up for a couple of weeks thanks to christmas.