**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[ajb2001]

Hi

I have received a court claim form from the above. I have completed the acknowledgement of service via the moneyclaim.gov.uk website and stated I wish to defend the claim. The date of issue is 8/1/2015.

Do I now need to send a request to BW legal for part 31 disclosure?

Many thanks

Andy

[Amethyst]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Is the claim for a credit card/loan/catalogue or for an overdraft on a bank account ? or something else ?

Do the particulars of claim actually mention any documents ?

Welcome to the forum xx

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

The claim is for a Welcome Finance for a unsecured personal loan.

The Particulars of the claim are as follows:-

The claimant's claim is for the sum of £xxxx.xx being monies due from the defendant to the claimant under a personal loan agreement regulated by the consumer credit act 1974 between the defendant and Welcome Financial Services Ltd under reference xxxxxxx and assigned to the claimant on 30/08/2012 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum ( a daily rate of 0.00 from the date of assignment of the agreement to 7/1/2015 being an amount of 0.00)

I am assuming I need to ask for the personal 1 -loan agreement, 2- deed of assignment, 3. proof of contractual agreement, 4. copy of the default notice. Can I also ask for a statement of account showing a breakdown of capital, interest, charges and payments made?

Many thanks

[Amethyst]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Okay. You need to send a CCA request to Lowell for a copy of the agreement with a £1 cheque or postal order, and a CPR 31.14 request to B W Legal - you can only ask for documents which are mentioned - so ask for 1) personal loan agreement 2) notice of assignment 3) default notice

You can ask them for a breakdown of the charges but that would have to be via 'normal' separate letter asking for the information - that would go to Lowell and cc'd to BW Legal.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Many thanks for your reply. I will get the CCA and the CPR31.14 sent today, recorded delivery! Will also send a request for a breakdown of charges on the account and see what turns up.

Many thanks once again.

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

When was the loan taken out?
Was the agreement signed on Welcome business premises, sent to you at home?
When did payments cease?
What is the default date?
Is the account bon your credit reference files? ( Noodle Call Credit is Free, Experian & Equifax have 30 day free trials, just cancel before the trial expires).

nem

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Many of the Welcome book debts have been defaulted unfairly late and sometimes not at all until very shortly before sale, so checking default date is vital.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

The loan was taken out in 2002
Agreement was signed on welcome premises
I don't exactly know the last payment date but believe it would be 2007 when I started uni.
I don't know the default date.
The loan or anything pertaining to it is not showing anywhere on my credit report

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Sounds good
Possibly / probably statute barred, there is a very large number of these duff accounts around at the moment.
Not on credit files then removed because over 6 years has elapsed since the account was defaulted.
Last payment in 2007 no written acknowledgment since 2007 either= statute barred.
A complete defence on its own.

Enter that defence!

You could write to BW Legal suggesting that in the interest of saving costs and court time, you are suggesting that the clam is withdrawn as the alleged debt is statute barred.

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Well have sent off the CAA to Lowell and CPF 31.14 to BW Legal. Will see what happens next but will certainly use those in my defence if this does get that far. Have also had a call on 13/1/15 from BW Legal at 8.11am. No message left as not answered.

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I think you are on a certainty here Lowell the Leeds Losers Lose again
CPR31.14 - don't be surprised if BW say this is not applicable because the claim
was issued via the CCBC at Northampton.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Have read on other threads that they will just say that CPR31.14 isn't applicable as issued via CCBC and that it will be small claims track........will wait to see what happens next. Hope to have done everything I can so that I can file my defence and see if it does go to court. Will it be allocated to my local county court or will I have to go to Northampton if this happens?

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Yes automatically sent to your local CC. N'hampton does not here cases in the business centre.
You a SB defence so all looks good.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Letters to lowells and BW Legal have both being signed for today.....so therefore delivered!

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

:thumb:.
Please let us know if / when they reply.

nem.