**DISCONTINUED** BW Legal / Lowell Portfolio CCJ on Statute barred debt

[nemesis45]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

If the claim has not been transferred to your local court phone Northants.

nem

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Thanks nem will give them a call tomorrow see what they say.

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

update i have just spoke to the courts who said that there is nothing on the case being stayed only that bw legal have stated they would like mediation.
But they still havent replied to my correspondance.

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

So it looks like court case will go ahead i need to submit defence 14 days prior. I only have statements from bank at time they day last payment was made plus 6 months either side. Letters i have sent to lowell and bw legal and post office receipts showing they have been signed for i do have copys of my credit file but im unsure wether to send them as they do have a couple of defaulted debts from when i was going through a tough time and think that might go against me.
would there be anything else i should have or include. but with lowell/bw not sending what i have asked for how can i make a proper defence without that info.
again all help is very much appreciated.

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Hi guys im starting to get really anxious about this case now its not really t helping me or my pregnant partner atm.
Ive heard nothing back from lowell or brian carter is there any letter i should be sending to them chasing anything should i be contacting origional creditor to see if they have anything. I know 100% i have not made any payments within the 6 year period but just scared incase judge goes against me but with no papers from them i cant build a defence other than letters i have written them. And proof of delivery only 5 weeks to go before case all the help yous have given me so far has been fantastic and i just hope to get over the line with this so i can move on with my new family.
sorry for going on abit just couldnt sleep and needed to get this off my chest.
thanks again guys.

[nemesis45]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Check with the court for the status of the claim.

Get your defence as ready as possible so you can react quickly to any developments.

nem

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Thanks nem.
Status of the claim is going ahead checked with court last week like i say all i have for my defence is letters sent to lowell and bw and post office tracking numbers showing signed for and bank statement should i be writing anymore requests to either party asking for more info.
thanks again

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

hi guys should i send all the letters i have sent lowell/bw legal to the courts now and should i write a defence letter to court stating statued barred i am really sorry but ive been searching the web for building a defence for ccj case and cant find anything also still recieved no cca should a be writing any more letters to lowell / bw legal for anything else just dont know where to start with defence help please.!!!!!!

[nemesis45]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

hi guys should i send all the letters i have sent lowell/bw legal to the courts now and should i write a defence letter to court stating statued barred i am really sorry but ive been searching the web for building a defence for ccj case and cant find anything also still recieved no cca should a be writing any more letters to lowell / bw legal for anything else just dont know where to start with defence help please.!!!!!!

Take a look at the threads
on the forum there loads of defences and witness statements to give you an idea what to do.
Statute Barred is a complete defence.

nem

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

2 Weeks till my case I have sent my evidence and written my witness statement, now in the hand of the judge hopefully this will end well thanks Nem for all your help throughout its been reassuring knowing somebody is giving nudge in the right direction.
my witness statement is as follows hopefully will be enough.

IN THE XXXXXXXXXXXCOUNTY COURT

Claim No. XXXXXXXXXXXX

BETWEEN: Lowell Portfolio 1 Ltd / BW Legal - and – XXXXXXXXXXXXXX

_________________________________

WITNESS STATEMENT OF XXXXXXXXXXXX
_________________________________



I XXXXXXXXXX of XXXXXXXXXXXXXXX being the Defendant in this case will state as follows;

The facts in this statement come from my personal knowledge.
"I acknowledge no debt with this creditor, Lowell Portfolio 1 LTD.
When I received this Court Claim I applied to the Creditor's Solicitors, BW Legal , for copies of the Credit Agreement, Statements and Associated Paperwork.My recorded delivery letter dated 13/02/2015 refers, copy available and submitted.
They claim a payment was made from myself to creditor in January 2009 to which an amount could not be and has not been disclosed to me (I have included bank statements from my bank at the time in question). Under the law (consumer credit act 1974 s77 and 78), it states that the creditor has 12 working days from receipt of my request to provide this information.
The creditors solicitors, BW Legal acknowledged my request on the 18/02/2015, but have failed to produce any evidence and the 12 days plus 3 months have now elapsed and still no documentation has been forthcoming.
According to the law (Consumer credit act 1974), after 12 working days have elapsed, and no evidence is provided, then the creditor is in “default”. The law (Consumer credit act 1974) states that a Creditor cannot take enforcement action if they are in default or if they do not have correct and proper documentation.
So in essence, they are trying to force repayment of a debt that they can’t show to be mine."
I therefore ask, in the absence of any supporting copy of the Consumer Credit Agreement proving that I owe this money, statements or copies thereof, that the judgment be dismissed.
Statement of Truth

I, XXXXXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[nemesis45]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Ok.

Wait and see time!!

nem

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Update>>>>>>
Good news I think.
I have just recieved a letter from BW Legal with notice of discontinuance.

[Amethyst]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Good news !

[nemesis45]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Update>>>>>>
Good news I think.
I have just recieved a letter from BW Legal with notice of discontinuance.

Very good news!!!

No proof of " mystery" payment I guess, gives hope for other victims of Lowell's " creative" accounting

nem

[PAWS]

Re: **DISCONTINUED** BW Legal / Lowell Portfolio CCJ on Statute barred debt

sFun_thewave (1).gifCongratulations Dededan and well done to both you and Nemesis. – Sterling work yet again. Absolutely delighted.