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BW Legal/Lowell Portfolio Court Claim

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  • BW Legal/Lowell Portfolio Court Claim

    Hi can anyone give me some advise please
    I received a Court Claim dated 15th January 2015 from BW Legal on behalf of Lowell Portfolio 1 there claim is as follows

    The Claimant’s Claim is for the sum of £x,xxx.xx being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HBOS plc under account reference xxxxxxxxxxxxx and assigned to the Claimant on 04/12/2008 notice of which has been given to the Defendant.
    The Defendant failed to maintain the contractual payment under the terms of the 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 pf 8.00% per annum (a daily rate of 0.61 from the date of assignment of the agreement to 04/12/2009 being and amount of £xxx.xx
     

    I believe this could be an old credit card debt taken out around 1998 and I think the last payment made was around March 2010. I have checked 4 difference Credit Reference Agencies and this debt does not appear at all on any of them.
    I have acknowledged service with the court and sent the appropriate letters to BW Legal and Lowell including a £1.00 postal order to Lowell these were delivered and signed for by both parties on 22/23rd January 2015.

    To date I have I not received any acknowledgment of my letters nor any documents requested. I have therefore had to file my defence with the court as such.

    The court acknowledged my defence by letter dated 16th February and contacted BW Legal I presume and gave them 28 days to respond.

    I then received a letter from BW Legal dated 19th March stating that their client wishes to proceed.

    I have since received confirmation from the court dated 23rd March along with a Notice of Proposed Allocation to the Small Claims track and a Directions questionnaire.

    Any advise you could give me would be greatly appreciated
     
     
     
    Last edited by Amethyst; 2nd April 2015, 10:08:AM.
    Tags: None

  • #2
    Re: BW Legal/Lowell Portfolio Court Claim

    Bump

    Comment


    • #3
      Re: BW Legal/Lowell Portfolio Court Claim

      Hi thanks for that. Can you tell me what happens after my post has been "bumped"

      Comment


      • #4
        Re: BW Legal/Lowell Portfolio Court Claim

        Originally posted by APH View Post
        Hi thanks for that. Can you tell me what happens after my post has been "bumped"
        'bumping' your post moves it back up the forum (so there's less chance of it getting missed). I'm sure you will get lots of advice from the knowledgeable Beagles soon Please try not to worry xxx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: BW Legal/Lowell Portfolio Court Claim

          Morning

          You might be able to ask for specific directions at this stage if you still haven't received any documents. Would you be able to post up a copy of your defence? Presumably you asked for documents under CCA 77-79 and CPR 31.14

          The debt was assigned in 2008 - you say the last payment was in 2010 - was that payment made to Lowell (ie did you set up some arrangement with Lowell that you paid up to 2010? ) - just double checking really.

          Sharon xx.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: BW Legal/Lowell Portfolio Court Claim

            Hi thank you so much for getting back to me so quickly.
            I will post up a copy of my defence when I get home after work today - I'm on my phone at the moment!
            I did sent off the CCA & CRP and haven't had any response from either.
            After loosing our business some years ago this debt was passed to several DCA before landing with Lowell and desperately trying to keep our heads above water dealt with whatever came through to the best we could (if only I knew then what I know now) so yes we did pay Lowell but couldn't continue after March 2010.
            Im glad to say things are very much better now.
            Can I ask what you mean by "specific direction"
            Many Thanks
            Last edited by APH; 2nd April 2015, 11:53:AM.

            Comment


            • #7
              Re: BW Legal/Lowell Portfolio Court Claim

              Sorry for got to ask what does "specific direction" mean x

              Comment


              • #8
                Re: BW Legal/Lowell Portfolio Court Claim

                Originally posted by APH View Post
                Sorry for got to ask what does "specific direction" mean x

                Asking the court to order/direct the claimant to provide specific documents within a set time limit.

                nem

                Comment


                • #9
                  Re: BW Legal/Lowell Portfolio Court Claim

                  Hi Nem
                  Thanks, how do I go about doing that do I write or phone the court ?
                  Do I still complete the directions questionnaire and how long would the court give BW Legal/Lowell to produce the documents?

                  Comment


                  • #10
                    Re: BW Legal/Lowell Portfolio Court Claim

                    Fill in the DQ ask for the specific documents required on it.
                    Proposed direction:
                    The claimant is to produce the following document by 4pm on (date 7 days)

                    nem

                    Comment


                    • #11
                      Re: BW Legal/Lowell Portfolio Court Claim

                      Nem
                      I will do that on Tuesday and send it recorded delivery.
                      Thank you so much for your help on this it's greatly appreciated I will keep you posted.
                      Do you ever rest...it's good Friday x

                      Comment


                      • #12
                        Re: BW Legal/Lowell Portfolio Court Claim

                        Hi Nem
                        Ive been looking again at the directions questionnaire and can't seem to see anywhere to ask for the Specific directions (maybe I'm just being dim ) do I need to ask for this on a separate sheet?
                        Hope you are having a lovely Easter x

                        Comment


                        • #13
                          Re: BW Legal/Lowell Portfolio Court Claim

                          Hi [MENTION=61491]APH[/MENTION] ... I'm sure [MENTION=55034]nemesis45[/MENTION] will be along shortly to have a look. Please try not to worry too much, and remember - it's Easter Monday, so there may not be a lot of people online today

                          K x
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: BW Legal/Lowell Portfolio Court Claim

                            Specific directions need to go on a separate sheet yes, and refer to them on the questionnaire ( please see proposed directions attached )

                            By way of example;

                            IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

                            Claim No. XXXXXXXX

                            BETWEEN:
                            XXXXXXXXXX
                            Claimant
                            - and –
                            Defendant
                            XXXXXXXXXX

                            _________________________________

                            DRAFT ORDER FOR DIRECTIONS
                            _________________________________


                            Before District Judge xxxxxxxxx sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014

                            UPON reading the Defendant’s Directions Questionnaire dated .......Todays Date.........

                            And


                            UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.

                            IT IS ORDERED THAT:

                            1: The Claimant shall by 4pm on .................................... 2014 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14.

                            a) The Credit Agreement ((((((((((( ONLY DOCUMENTS THAT YOU ASKED FOR AND HAVE IN YOUR WITNESS STATEMENT ))))))))))))))))
                            b) The Default Notice
                            c) The assignment

                            2: If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.

                            3: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on.................................... 2014. (21 days after compliance with para 1)
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: BW Legal/Lowell Portfolio Court Claim

                              Hi thanks for info do I have to send a copy to BW Legal when I send the DQ ?

                              Comment

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                              First Steps
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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
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