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

[dededan]

Hi all I am new here and dont know where to start I received a notice of ccj at the end of november 2014 to which I have submitted a defence for it was £8000 which was off a car I bought in 2007 ( long story short) the engine blew up within 6 months so I asked to get it repaired under warranty to which they stated they wouldnt cover it as its wear and tear ( this was a 3 yr old car ) they didnt even look at it to determine that, so I told them to come collect the car and I woulndt be paying for it. I stopped paying for it in May 2008. I filled in the mediation questionarre and when I rang them to arrange a date for mediation they said they coulndt do it as I was disputing it so now I am stuck dont know what to do or where to go next I havent received the court date yet was just hoping for some help or guidence as to the way forward, what letters should I be sending etc. as I have trawled websites but there are so many letters and formats I dont know which is correct.
any help would be greatly appreciated.

oh and BW Legal are stating there was a payment in Jan 2009 to which I have spoken to my bank who also confirm that may 2008 was last payment.

[nemesis45]

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

Hi, What type of finance was this HP. personal loan?
How much was the alleged payment in 2009?

The onus of proof that a payment was made fall entirely upon Lowell.

Start with a CCA request to Lowell to get a copy of the agreement and current statement of the account a £1 statutory fee is payable
( use a cheque or PO endorsed "for statutory fee only" and keep a copy)
There is a template in the forum library, Lowell have 12 + 2 working days to comply.

Then a CPR 31.14 request to BW for all the documents mentioned in the Particulars of claim.
It would be worth checking your credit reference files for the actual default date. (Noddle is free online)

nem

[dededan]

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

Many thanks for your reply.
It was HP and they havent given me any details of supposed payment.
The car was sold at auction by the finance company could this be classed as my payment it never came from me amd my credit report (experian) states I defaulted in june 2008 which woild tally up with my bank stating my last payment was may 2008 I will get the forms written up and sent off tonight.

I know I didn't pay anything out of principle that they wouldn't even attempt to look at the car.

[nemesis45]

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

With HP agreements an Appeal Court Judgement (2014) BMW Finance - v - Hart their Lordships concluded that the default date on HP agreements is the cause of action and so the SB clock starts ticking on that date.

nem

[dededan]

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

Thanks nemesis really appreciate your help so reading up on tthe case i may sound daft here but i can't make head nor tail on this. Does this mean if it was hp im am screwed to say the least, unsure if it is hp or a loan i bought car from car craft and financed through british credit trust so really unsure.

[dededan]

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

Hi all so I sent the CCA request and CPR request to BW Legal and Lowell, on 13th Feb I have received a letter from BW legal on 18th stating.

" We write with reference to above matter and in response to your letter received on 13 February 2015.

We confirm we have received your request for documentation and have referred your request to our client. Our client may have to refer your request to your Original Creditor, British Credit Trust.
Accordingly, the documentation will be forwarded to you upon receipt.

We will seek to ensure that the information requested is provided as soon as possible,
However this is contingent on receiving the documentation from your Original Creditor within the aformentioned timescale.

If you have any queries in the mean time please do not hesitate to contact us. "

so what will happen if they do not get the info to me in the 7 day time scale set out in the CPR request.
I know they said they will try and get it as soon as possible but do they not need to ask for an extension that is agreed by myself, sorry if I am way off just that's how i'm reading it from the CPR request.

Thanks again

[nemesis45]

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

Once the 12 + 2 Working Days have expired and no agreement produced the debt is unenforceable until the agreement is found.
nem.

[dededan]

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

just an update, I have received my court date May 27th but as yet havent heard anything from lowell now over the 7 and 12+2 days.
Is there any follow on letters i should send to them or do I just wait to see what happens. I know they have them as have been signed for.
Thanks again for any help given.

[nemesis45]

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

Hi,

Without the agreement the alleged debt is unenforceable.

You can if you wish inform Lowell that the alleged debt is unenforceable without the agreement.

Have you check on the actual default date?

nem

[dededan]

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

Thanks Nem the last payment known by me and confirmed by my bank was may 2008, on my credit file (Equifax) it states default date is June 2008 but on Noodles credit report the debt isnt even showing anymore.

[nemesis45]

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

If the account was defaulted in June 2008 Equifax should no be publishing it, defaults are removed on the
6th Anniversary of the Default Date Paid or Not.!
Make a complaint to the data controller of Equifax about that.
Equifax is getting very sloppy on removing old entries. Any problems with Equifax should be reported to the ICO.

My feeling would to be to pre-empt any further action by BW by writing to them along the lines of.

Sir/Madam,

I refer to County Court Claim No.xxxxxxxxxxxxxxxx issued by BW Legal on be half of its client Lowell Portfolio, please note I do not acknowledge any debt to your client.

I am now aware that this alleged debt is Statute Barred as set down in section 5 of the Limitations Act 1980 and I will not make any payment.

I suggest that BW Legal informs its client of the status of the alleged debt and seek instruction to withdraw the claim in order to save costs and court time.

Meanwhile finish your defence just in case they don't withdraw.
send by signed for post.

nem

[dededan]

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

So its been a month now since my last correspondance was sent to BW Legal which was what Nem said in the last post. BW Legal have it as its been signed for but ive heard nothing from them at all, also 2 months on from sending the requests for paperwork/ contracts etc. To both BW and Lowell i have still had nothing back from either. Should i chase again as its just over 6 weeks till my court date and starting to stress a little about it and just dont need it atm as my partner is only 10 weeks from giving birth.
sorry for rant
any advice again would go along way and cant thank Nem enough for advice so far.

[nemesis45]

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

Always happy to help.
I suggest that a quick phone call to the court is needed. I suspect the claim is stayed, you don't get advised of this.

nem

[Streetwise]

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

So its been a month now since my last correspondance was sent to BW Legal which was what Nem said in the last post. BW Legal have it as its been signed for but ive heard nothing from them at all, also 2 months on from sending the requests for paperwork/ contracts etc. To both BW and Lowell i have still had nothing back from either. Should i chase again as its just over 6 weeks till my court date and starting to stress a little about it and just dont need it atm as my partner is only 10 weeks from giving birth.
sorry for rant
any advice again would go along way and cant thank Nem enough for advice so far.

Don't chase the CCA.

[dededan]

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

Thanks guys so sorry for sounding abit daft as what im reading online makes no sense so could someone put into dummy words what stayed means also would it be the cc northampton or my local court and also would this mean my court date will not go ahead.