BW Legal letter before action

[FlamingParrot]

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.

The thing is, it takes more than just contacting the court to get a judgment. They can't just send a letter offering repayments to the court and obtain a judgment like that. In cases when a claim has been issued, sometimes a letter sent in response to the claim has been taken as a defence or an admission, i.e. someone replied to a claim with the SBd template letter and it was admitted as a defence. I don't think this is what the CPR intended, however, if you did not receive a claim that couldn't apply. The whole idea of having made them a repayment offer would have been precisely to avoid a claim!

Also if the judgment was only made a week ago, WHY is your first payment date quoted as being in February? That would mean you are already in default of a court order that hadn't even been made at the time!

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?

The court papers should have been in the post earlier if they had sent them. What you can expect to receive is just the judgment order.

Although you admit the debt, under CPR 13.2, you may be able to apply for set aside if the judgment was wrongly entered. This isn't a case of default judgment because you did not receive the court papers, they are arguing you returned a specific court form. Writing a letter with an offer of payment when no claim has been issued is a long way from filling in a rather lengthy form with lots of boxes asking for financial details. This is what an N9a looks like: http://hmctsformfinder.justice.gov.u.../n009a-eng.pdf

I would be inclined to write to them asking them to consent to set aside the judgment on the basis that no claim was ever issued and thus no admission could have been returned, and put them to strict proof that a) they did issue a claim and b) you did return the form. :thumb:

[wiregirl81]

Re: BW Legal letter before action

Thank you. I will see what they respond to my email with and write back to them as you suggest.

I did submit details of my income and expenditure with my payment offer, to show them what I could afford. I think these may have found their way into the mysterious N9a form....

[nemesis45]

Re: BW Legal letter before action

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

nem

I wouldn't get to involved with complications at this point most important point is you did
not submit an N9A to the claimant or the court, if they have purported/passed of a " reconstruction"
of your offer letter then there is good framework for a challenge to the judgment by admission.

nem