BW Legal

[peter1972000]

Hi hoping someone can give me some advice
I received a letter from Bw Legal over a debt from Capital one credit card (letter of claim) which i replied to with the Sb letter Bw have replied to this stating a payment of £40 was made on the 15th July 2009 so its not sb and they will send proof of this payment within 12 days but may take longer i have no record of this payment and cant find any should i send a cca letter to Lowell who purchased the debt i think they are just going to go for a CCJ as its nearly 6 years if the can prove the payment on the 15th July 2009 Peter

[nemesis45]

Re: BW Legal

Hi welcome to LB,
Hi Yes send a CCA request to Lowell asap.
£1 statutory fee payable (use a cheque or
postal order endorsed " For Statutory Fee
only" . Lowell has 12 + 2 Working Days to
comply.
Are BW threatening court action?

It would help if you could post a copy of BW's
letter here after removing your name & address.

Have you had any communication from Lowell
prior to the letter from BW?

nem

[peter1972000]

Re: BW Legal

Hi Nem Many thanks for that yes Lowell have sent me a few i filed them in the bin thinking it was SB which im certain it is but have no details of payments BW sent me a letter of claim which i will post up as well seems a last ditch attempt to go for a CCJ i will send CCA to Lowell im still awaiting proof of the so called payment from bw Peter

[nemesis45]

Re: BW Legal

Hi Peter,

I can't open your attachments could you convert to pdf it may help ?

nem

[Kati]

Re: BW Legal

Hi Peter,

I can't open your attachments could you convert to pdf it may help ?

nem

:tinysmile_twink_t2:

[peter1972000]

Re: BW Legal

Hi Nem are they view able now Peter

[peter1972000]

Re: BW Legal

Seems Kati has managed to covert for me :tinysmile_twink_t2: thank u Kati

[nemesis45]

Re: BW Legal

Good morning Kati
Thank you! xx

nem

[nemesis45]

Re: BW Legal

Both are basic BW/Lowell templates.

The £40.00 payment is a problem, have you any idea what it could arise from?
It has been claimed in the past that a failed payment during the " life" of the
default is an acknowledgment of the debt although a DD had failed the amount
has shown on the account.

nem

[peter1972000]

Re: BW Legal

Hi Nem. No im certain no payments were made i had no money at the time to make a payment i cant even remember how i used to pay them and have no documentation of any kind as i had just split with my ex and walked away with a bag of clothes nothing more so doubt very much i would have paid them Peter

[peter1972000]

Re: BW Legal

Hi Nem as expected bwlegal have just gone straight to claim received court papers this morning even though they state in letter on hold until the give me proof of the so called payment have sent cca request bw legal have not giving me any proof of payment yet please what are my next steps Peter

[FlamingParrot]

Re: BW Legal

Hi Nem as expected bwlegal have just gone straight to claim received court papers this morning even though they state in letter on hold until the give me proof of the so called payment have sent cca request bw legal have not giving me any proof of payment yet please what are my next steps Peter

You need to acknowledge the claim and tick the box saying you intend to defend the whole claim. You should be able to do it online using the p/w printed on your claim form. You'll find full instructions here: http://www.legalbeagles.info/forums/...it-Court-Claim

As you have already sent a CCA request, there's no need to send another one as indicated on that thread but do send the CPR 31.14 request for documents referred to on the particulars of claim. Would also be useful if you scan (removing personal details) or type up the particulars of claim. :typing:

[peter1972000]

Re: BW Legal

Many thanks Flaming Parrot

[Sandy Ago]

Re: BW Legal

Hi Peter, I'm going through the same thing with BW and Lowell. They had claimed a £20 payment was made in April 2009 but, after I was able to refute that, they sent papers "showing" the payment to have been made in March instead. So far they have been unwilling or unable to provide any details of the alleged payment and this seems a common ploy to intimidate people into paying up. They need to prove that the payment was made and that it was made, or authorised, by you! Sandy

[nemesis45]

Re: BW Legal

CCA request should go to the Claimant as BW may not pass it on
for a Quid it's most certainly worth another one to Lowell asap.

CPR 31 .14 request to BW for the docs mentioned in the POC Agreement, Notice of Assignment., and Default Notice can be requested.

Acknowledge claim and intention to defend.

If you can research the Mystery payment meanwhile all the better.

BW do seem at times to act on their own volition rather than on instructions from
their clients.

nem