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

[ajb2001]

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

Witness statement has been delivered to both the court and BW (sent signed for 1st class).

No papers or witness statement received from BW or Lowell.

The directions of the Judge were : ' Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 7 July 2015'

As I have received no statement or documents, should I contact the court?

Thanks

[ajb2001]

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

I haven't received anything from Lowells or BW, should I contact the court to see if they have received any documents at all?

Thanks

[nemesis45]

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

I haven't received anything from Lowells or BW, should I contact the court to see if they have received any documents at all?

Thanks

Yes good idea, never any problem checking with the court at any time through out the process.

nem

[ajb2001]

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

Have phoned the court office - The hearing fee of £170 has been paid but no other documents have been received from the claimant. Does this mean that they are going ahead with the hearing without any documentation for the case?

[ajb2001]

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

So, hearing fee paid by claimant but no other documents submitted by the claimant. Is this now just a case of waiting to go to court and see what happens?

Thanks

[FlamingParrot]

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

So, hearing fee paid by claimant but no other documents submitted by the claimant. Is this now just a case of waiting to go to court and see what happens?

Thanks

Have phoned the court office - The hearing fee of £170 has been paid but no other documents have been received from the claimant. Does this mean that they are going ahead with the hearing without any documentation for the case?

Is there a hearing date?

[nemesis45]

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

So, hearing fee paid by claimant but no other documents submitted by the claimant. Is this now just a case of waiting to go to court and see what happens?

Thanks

Has the court given a date for a hearing, If not it will soon, all documents the claimant intends to rely on in court will have to bed disclosed at least 14 days before the hearing.

nem

[ajb2001]

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

Hearing date is 4th August.

[nemesis45]

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

should I just send the letter for the CCA request, and the CPR31.14 request then?

Lowell sent a letter dated 13/2/2015 requesting I ring them to confirm the information they have is correct and up to date. They mention that the agreement with Welcome was opened on the 03/11/2004. They filed the claim form at court on 08/1/2015!

Also agreed to go to mediation, but as no docs supplied couldn't enter mediation.

The only Loan agreement I have a copy of is dated 2002, with an amount brought forward to settle another account, cash advance, PPI and acceptance fee on it.

Was this account a " rewrite" of the previous account or a totally new agreement?
Did you sign a new agreement?
Going back did you receive a Demand for immediate payment in full of a " Final Demand" ?

nem

[ajb2001]

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

A/c in 2002 had a figure brought forward from a previous account, along with cash advance and ppi. It was for 24 months ........cant remember if it was completely settled and don't remember signing a new agreement in 2004.

Havent got any record of a final demand or any knowledge of receiving one.

Date they quote for the alleged credit agreement, nov 2004, I was actually signed off from work on sickness, which I do have a record of!

[nemesis45]

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

A/c in 2002 had a figure brought forward from a previous account, along with cash advance and ppi. It was for 24 months ........cant remember if it was completely settled and don't remember signing a new agreement in 2004.

Havent got any record of a final demand or any knowledge of receiving one.

Date they quote for the alleged credit agreement, nov 2004, I was actually signed off from work on sickness, which I do have a record of!

Given that Welcome is still collecting old debts I would be inclined to make a CCA request to Welcome, they May just still have it.
If you don't receive a copy of the agreement the debt is rendered unenforceable until it is produced.
So many of these unsecured loans were rewritten some with out the borrower's knowledge and new agreements were not supplied.
save time looking back. What is the status of the debt re last payment or acknowledgment?
nem

[FlamingParrot]

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

The OP has stated on their WS that a CCA request was made and not complied with. If the OP was to send a CCA request to Welcome and they didn't comply, would that still be a bar to enforcement given that they are neither the account owners nor the claimants in this case? :noidea:

Surely non-compliance by Lowell who are the claimants should be enough to win on the s.77 front, unless they were to produce the document.

1. On xxxxxxxx I wrote to the claimant, Lowell Portfolio 1, requesting a true copy of the credit agreement under the Consumer Credit Act 1974. I enclosed a fee of £1.00 as required by the Consumer Credit Act 1974. This letter has been received and signed for by ‘Hudson’ on xxxxxxxx. No reply to this letter has been received. (Exhibit B)
2. The Consumer Credit Act States:-

77 Duty to give information to debtor under fixed-sum credit agreement.E+W+S+N.I.
(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement; F2. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section does not apply to a non-commercial agreement.

6. The Claimant has failed to comply with section 77(1)The Consumer Credit Act 1974 and by virtue section 77(4) The Consumer Credit Act 1974 cannot enforce the agreement.
7. On xxxxxxxx I wrote to the claimant solicitors, BW Legal, requesting the personal loan agreement, Notice of Assignment and Default notice under CPR 31.14, as no track had been allocated to the case. (Exhibit C)O
8.On the xxxxxxxx I received a letter from the claimant solicitors, BW Legal, stating that they had received my request under CPR 31.14 and had referred the request to their client. No documentation has been received.
9..On my directions questionnaire I stated that I would be happy for mediation in this matter. When I contacted the mediation team, xxxxx asked if I had received any documentation from the claimants. She said as I had no documents, then mediation was not available and it would be sent to my local County Court.1
10. I also believe that in the date the claim was issued the alleged debt was statute barred under the provisions of the Limitations Act 1980. This has been checked on the defendants Credit Reference File in xxxxxx xxxx, which would show any outstanding debts or default notices. (exhibit D)

[ajb2001]

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

no payments made in last 6 years.......no acknowledgement from me in last 6 years.........so is sb'd as far as I am aware.

[FlamingParrot]

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

no payments made in last 6 years.......no acknowledgement from me in last 6 years.........so is sb'd as far as I am aware.

In civil litigation the burden of proof is on the claimant so if you say it's SBd they will have to come up with evidence that shows it isn't. :thumb:

[nemesis45]

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

no payments made in last 6 years.......no acknowledgement from me in last 6 years.........so is sb'd as far as I am aware.

The relevant 6 year period as per LA 1980 for a loan starts on the date when the creditor can first demand immediate repayment in full. Did you receive a Demand for Payment or a Final Demand?