BW Legal letter before action

[wiregirl81]

Hi all, just before christmas BW Legal solicitors sent me what I understand to be a letter before action, over a shop finance debt. They gave me 14 days to respond as I assume is standard. I do know this debt is mine, but I don't agree with the amount they are saying I owe (I lost my job, suffered a horrid run of luck etc and just couldnt pay). So, rightly or wrongly, I wrote back saying I would pay the debt in in installments every month but only the original amount that I owe. I then wrote to Shop Finance requesting confirmation of the true amount that I owe. I've heard nothing from either shop finance or bw legal since. But I have an awful feeling they'll continue with the court claim and papers will come through my letter box soon anyway. Is there anything I should be doing right now rather than waiting? I realise once a claim is sent, timescales are pretty tight. Its definately not statute barred as it was only last year. Thanks.

[ncf355]

Re: BW Legal letter before action

Hi

Have you kept records (proof of postage, etc) of the letters you have sent them?

It may become important to prove you have kept contact with them


On a side note, when did the agreement actually commence for the finance?

Have you asked them to send details of how they arrive at the balance they are quoting to you?

[wiregirl81]

Re: BW Legal letter before action

Hi,

Yes I sent the letters recorded delivery, so I do have proof that they were sent.

In my letter to bw I asked them to provide me with the true amount that I owed to shop finance so put the ball in their court.

It's been a long time since I opened the account, probably about 5 years ago now, although I only defaulted last year. I still haven't heard anything since my letter, wish I knew what to expect!

[nemesis45]

Re: BW Legal letter before action

What portion of the alleged debt are you disputing, is it penalty charges?
I presume that BW is acting on behalf of the finance company?
I would be worth making a CCA request for the agreement and a current statement, there is a £1 statutory fee to pay (use a cheque or postal order clearly endorsed for statutory fee only, keep a photo copy). Use the template from the forum library.
The finance company has 12 + 2 Working Days to comply.

[wiregirl81]

Re: BW Legal letter before action

Hi Nemesis, yes that is right, I think there are a lot of penalty charges and interest charges that have been added on to the amount. Not too sure whether it is Shop Finance or Lowell who have done that though.

It is BW Legal acting on behalf of Lowell Portfolio.

I'll get a CCA request sent off to Lowell and see what they come back with.

Thanks for your help

[nemesis45]

Re: BW Legal letter before action

The charges would have been levied by the finance company.
Lowell cannot add charges.
Yes CCA request asap.
Check credit files to see if the account is showing (Noddle is free, Equifax and Experian have 30 day free trials).

[wiregirl81]

Re: BW Legal letter before action

Hello, as you can see it's been a while since I posted about this. Nemesis, I didn't end up sending a CCA as I didn't hear anything back from BW legal. Not until today anyway.

As I didn't hear anything back regarding my offer to pay the money back in installments, I didn't do anything about it - I didn't know if they had accepted my offer or not.

Today I have received a letter from BW Legal dated 24th June, saying:

Thank you for returning the Admission (N9A) form to us with your offer of repayment which we have accepted.

We have now asked court to enter Judgement (CCJ) by admission for repayments as follows:

Payment amount - £10
First payment date - 6 February 2015
Frequency - Monthly

You will shortly receive a County Court Judgment Order confirming this from the court. It is important that you comply with this order so that you do not fall into arrears.

Then follows some info about how I can pay.

I find this really strange, as I haven't heard from them in 5 months, I certainly haven't returned an Admission (N9A) form to them and why are they asking for the first payment on 6th February 2015 when we are now in July 2015?

Does anyone have any advice as to how I deal with this?

Thanks

[nemesis45]

Re: BW Legal letter before action

Hello, as you can see it's been a while since I posted about this. Nemesis, I didn't end up sending a CCA as I didn't hear anything back from BW legal. Not until today anyway.

As I didn't hear anything back regarding my offer to pay the money back in installments, I didn't do anything about it - I didn't know if they had accepted my offer or not.

Today I have received a letter from BW Legal dated 24th June, saying:

Thank you for returning the Admission (N9A) form to us with your offer of repayment which we have accepted.

We have now asked court to enter Judgement (CCJ) by admission for repayments as follows:

Payment amount - £10
First payment date - 6 February 2015
Frequency - Monthly

You will shortly receive a County Court Judgment Order confirming this from the court. It is important that you comply with this order so that you do not fall into arrears.

Then follows some info about how I can pay.

I find this really strange, as I haven't heard from them in 5 months, I certainly haven't returned an Admission (N9A) form to them and why are they asking for the first payment on 6th February 2015 when we are now in July 2015?

Does anyone have any advice as to how I deal with this?

Thanks

Hi WG This is very odd indeed if you did not sign and submit the N9A either to a court or to BW something is wrong.
If there is an e-mail address on the letter, reply as follows.

Sir/madam,

I refer to your letter dates...........................> Ref: ........................: Stating that I have returned form N9A Admitting liability for this alleged debt, there appears to have been some error here as I have not at any time signed and submitted such a form.
BW legal must cease further action immediately and explain its conduct in this matter.
get this off asap.
If you still wish to pay the debt I would suggest after receiving their reply, put it to BW that you will only agree to pay via a Consent (Tomlin) Order that is you agree to be bound by a negotiated payment and if you maintain the terms of the order which is binding on both parties you will not have a CCJ registered against you.

nem

[wiregirl81]

Re: BW Legal letter before action

Thanks Nemesis. I will email them this straight away. I have to say that around the time BW Legal sent their first communications, I just wanted them off my back and was willing to pay them. However I am more bullish about this now and thinking of making them at least work for it! I do have a strong suspicion that the amount they say I owe them is made up of a significant amount of penalty and interest charges. I realize these probably haven't been added by BW Legal, but Shop Direct.

As I sent a letter to them in January (a copy of I don't have unfortunately) offering to pay, have I stuffed up my chances of going down the CCA request route and asking them to prove everything by providing paperwork etc?

Thanks

[nemesis45]

Re: BW Legal letter before action

Offering to pay is an admission of liability so will make life more difficult on this.
Which is why I suggested the consent order.
CCA request should have been one of the first things done, you can still make one
now may be some bargaining power given this last letter.

nem

[FlamingParrot]

Re: BW Legal letter before action

Hello, as you can see it's been a while since I posted about this. Nemesis, I didn't end up sending a CCA as I didn't hear anything back from BW legal. Not until today anyway.

As I didn't hear anything back regarding my offer to pay the money back in installments, I didn't do anything about it - I didn't know if they had accepted my offer or not.

Today I have received a letter from BW Legal dated 24th June, saying:

Thank you for returning the Admission (N9A) form to us with your offer of repayment which we have accepted.

We have now asked court to enter Judgement (CCJ) by admission for repayments as follows:

First of all, have you checked that there is actually a CCJ against you? This is the place to check to make sure: http://www.trustonline.org.uk/search-yourself

Payment amount - £10
First payment date - 6 February 2015
Frequency - Monthly

You will shortly receive a County Court Judgment Order confirming this from the court. It is important that you comply with this order so that you do not fall into arrears.

If the first payment date was meant to be in February, that means judgment (if existent) had to be obtained at that time, in which case you would have received the General Order of Judgment from the court. Have you moved house? On your first post made in January you say you received a letter before action, that means they would have had your address and if a claim had been issued, it should have reached you. Furthermore, had you not received the claim at all, they'd have obtained default judgment, yet they are saying you returned an admission form. The form in question asks for quite a lot of financial information about yourself, so I'd have thought you'd remember it if you'd filled it in. :noidea:

Does anyone have any advice as to how I deal with this?

I'd start by checking if there is a judgment to start with. :thumb:

As I sent a letter to them in January (a copy of I don't have unfortunately) offering to pay, have I stuffed up my chances of going down the CCA request route and asking them to prove everything by providing paperwork etc?

No, a CCA request can be sent at any time. What you did constitutes acknowledgment of the debt for limitation purposes but has no bearing on sending a CCA request. However, if they have, indeed, obtained judgment, they no longer have a duty to respond to a CCA request.

[wiregirl81]

Re: BW Legal letter before action

OK, just checked online and it says 'unsatisfied judgement' 26/06/15. So it does seem that they have contacted the court - 2 days after this recent letter.

I haven't moved house and have not received anything from them since January.

I'm assuming court papers will be in the post? Surely if I offered to sort this out with them out of court back in January, they should have accepted my offer without going down this route?

[nemesis45]

Re: BW Legal letter before action

You will get the judgement order in the post soon, showing what the court has ordered you to
pay and when and how it is to be paid.
There is reason to challenge this as you say you did not return an N9A at anytime.
Personally I would request sight of the N9A that BW claims to have received, it make me
wonder if your offer letter has been transposed on to a form and submitted to the court.

nem

[wiregirl81]

Re: BW Legal letter before action

It makes me think that as well nemesis. I will ask them for this.

[nemesis45]

Re: BW Legal letter before action

It makes me think that as well nemesis. I will ask them for this.

Nothing surprises me with Lowell and any of its tame solicitors!!

nem