Apparent CCJ from BW Legal

[Khaine]

Re: Apparent CCJ from BW Legal

I've also just realised my fiancee's Income Support claim is in her NEW name, and the application we'll be making to the court is in her OLD name, since that's what the company in question has filed it under.

That... might cause a problem. Will we be covered if we send a deed poll with her old AND new names along with the application form (under her old name) and the benefits evidence letter (in her new name)?

[Amethyst]

Re: Apparent CCJ from BW Legal

Hiya

Apologies I have been out for the afternoon.

Keep the application in your fiancee's new name, and add to the Witness Statement/ Application about the change of name.

What you can do while you wait for the Income Support evidence from the DWP is maybe amend the letter to BW Legal asking them to agree to the set aside to save a hearing and costs of such. If they do agree to the set aside it will also mean the fee for the application will be less ( £50 ) as a hearing won't be needed. Give them something like 14 days to come back to you (or basically until the date you will be back home ) which will extend the time you have to make the application to court, which needs to be made within a reasonable period from becoming aware of the CCJ.

It will also give you chance to get the CCA and SAR info back so we have a better picture before making the application.

With regards you representing your fiance, I am presuming your don't have formal power of attorney over your fiancee's affairs ? Is that something you are considering putting in place ? Otherwise I think something as Kati has posted will suffice however it's not an area I know much about so you may need to take advice on that from a law centre or CAB, or speak to the court.

Fine to email me admin@legalbeagles.info to look things over, hopefully the bits I posted were a good starting point for you anyway.

Sharon
xx

[Khaine]

Re: Apparent CCJ from BW Legal

I don't believe I have formal power of attorney... I'm actually not even sure how to do that. However, her DLA does state high rate care is required and I claim Carer's Allowance based on that.

I shall get the documents edited, send them over and then FINALLY get some sleep as she's nodded off herself.

[Amethyst]

Re: Apparent CCJ from BW Legal

MIND have a half decent legal advice service you might be able to get in touch with to ask about lasting power of attorney and see if is something you both wanted to do, or even just to find out how to make yourself temporary representative to deal with this court claim - You can call or email their Legal advice service on 0300 466 6463 or legal@mind.org.uk - Monday 22nd Dec - 9am to 6pm - http://www.mind.org.uk/

[Khaine]

Re: Apparent CCJ from BW Legal

Thank you!

I'll add that to my "to do" list for tomorrow I think I need a good 12 hours sleep as I've been awake since 10am yesterday...

[Amethyst]

Re: Apparent CCJ from BW Legal

You can't do much more till tomorrow so yes get some sleep. I've got your email so will go through those docs and post any amendments on here.

xxx

[Amethyst]

Re: Apparent CCJ from BW Legal

Sign everything from your fiancee's current name and put the name the claim was bought under in the references by the account numbers/address etc.


N244
Para 3
To set aside judgment as the defendant did not receive the claim form and intends to defend the claim in full.

Letter to BW Legal - just need to add in about name change and sign it from CURRENT name. Put old name in reference.

Data Protection Act - just need to go through the list of items required and amend 'myself' and 'me' and 'I' etc to SARAH JANE SMITH etc. Add about the name change ( as they will need old name to make relevant searches on information) and put old name in the REFERENCE section at top of letter.

[NotPaying]

Re: Apparent CCJ from BW Legal

You don't need a formal power of attorney. Apply to the court to become her litigation friend with form N235. http://hmctsformfinder.justice.gov.u...t_forms_id=473 Your wife will then be a protected party under Part 21 of the Civil Procedure Rules. https://www.justice.gov.uk/courts/pr...es/part21#21.3

[Khaine]

Re: Apparent CCJ from BW Legal

The only reason I'm considering the LPA is because it would actually help us out in more than just this situation. The amount of times people refuse to talk to me because the other half is the primary person on the account is insane.

Amethyst, thank you for all the help. I've edited the documents as per your suggestions and sent them over to make sure I've done it correctly. Sorry for being a nuisance, but this is an area I've just NEVER had to deal with, so I want to make sure I do it as correctly as possible.

Other half seems to be doing a lot better today. She woke up when I went to bed, asked what was going on, so I told her and she went back to sleep. Today she's woken up feeling positive, so I'll take that as a good sign.

[EXC]

Re: Apparent CCJ from BW Legal

The only reason I'm considering the LPA is because it would actually help us out in more than just this situation. The amount of times people refuse to talk to me because the other half is the primary person on the account is insane.

I agree LPA would be a good idea in the medium/long term but it'll take a while and quite a bit of effort to organize so in the meantime do everything in her name.

Keep us updated and good luck.

[Khaine]

Re: Apparent CCJ from BW Legal

Well it saves having to quote an obscure section of the DPA in order for people to deal with me.

[Amethyst]

Re: Apparent CCJ from BW Legal

Brilliant, she's a lucky lady xx

I'll check through those docs shortly and come back to you First step really is to find out for sure what this claim is for, once we have all the info we can suss out the best way to fight it.

[Amethyst]

Re: Apparent CCJ from BW Legal

I agree LPA would be a good idea in the medium/long term but it'll take a while and quite a bit of effort to organize so in the meantime do everything in her name.

Sorry I am going to have to disagree. In the eventuality we may need to argue duress or mental incapacity (sorry) with regards the taking out of the loan then we do need to demonstrate that she requires her carer to deal with her financial ( and legal) affairs from the off with this defence.

[Khaine]

Re: Apparent CCJ from BW Legal

Well I figure if I can get the various letters sent off and postal orders sorted out, then I'll be pretty happy with that

I'm going to assume those are the priorities... the letters to Lloyds and Lowell to try and work out just what on earth is going on, along with the letter to BM Legal to try and get a stay of execution.

[Amethyst]

Re: Apparent CCJ from BW Legal

I'm going to assume those are the priorities... the letters to Lloyds and Lowell to try and work out just what on earth is going on, along with the letter to BM Legal to try and get a stay of execution.

Yes xx

Letters looking good - amend the letter to BW Legal and remove the sentence ' court documents sent under separate cover' - and don't send the court documents yet - just the cca letters, SAR, and letter to BW Legal - you are first asking for their agreement to set aside the CCJ BEFORE you make the application to give you time to get the relevant evidences from the DWP to go with the EX160.

also where you have put....

Please be aware Ms SARAH JANE JONES has changed her name to Ms SARAH JANE SMITH. I think you should say 'by deed poll, copy enclosed' ( I think you mentioned you had a copy of that), just may save a little too'ing anf fro'ing/