BW Legal

[peter1972000]

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

Hi Sandy Have bw legal issued you with court papers ? Peter

[Sandy Ago]

Re: BW Legal

Hi Peter... Yes, I have had the court claim and defended on the grounds it's statute barred. The first I heard of any alleged payment was at mediation and I was able to refute it (I wasn't in the UK at the time of alleged payment). A couple weeks later, papers arrived from BW this time stating the payment was made on a different date! I still have my bank records which show no such payment came from my account. My case has now been allocated to my local court so I'm waiting for a date and, hopefully, directions from a judge that all necessary documents be provided prior to any hearing. I have never been advised of the detail of any payment eg cheque, bank transfer, debit card etc

[nemesis45]

Re: BW Legal

Hi Peter... Yes, I have had the court claim and defended on the grounds it's statute barred. The first I heard of any alleged payment was at mediation and I was able to refute it (I wasn't in the UK at the time of alleged payment). A couple weeks later, papers arrived from BW this time stating the payment was made on a different date! I still have my bank records which show no such payment came from my account. My case has now been allocated to my local court so I'm waiting for a date and, hopefully, directions from a judge that all necessary documents be provided prior to any hearing. I have never been advised of the detail of any payment eg cheque, bank transfer, debit card etc

Peter you need to put the claimant to strict proof of How the payment was made, the exact date it was made.

How far different are these dates? Is it just enough to stop the clock ticking on the 6 year period.?
Get another CCA off to Lowell as previously advised BW may just ignore it.

nem

[peter1972000]

Re: BW Legal

Peter you need to put the claimant to strict proof of How the payment was made, the exact date it was made.

How far different are these dates? Is it just enough to stop the clock ticking on the 6 year period.?
Get another CCA off to Lowell as previously advised BW may just ignore it.

nem

Hi Nem they say 15th July 2009 a payment for £40 was made but still no proof from bw legal think they have just pulled that date out of thin air to give them enough time seems funny they said on hold until they give proof then few days later court papers Peter

[nemesis45]

Re: BW Legal

Hello Peter,

I am seeing a trend on these mystery " one off" payments recently
in the past they have been £1.00 and £ 10.00 quite a few variations
cropping up £ 40.00 is the highest so far.

Deny all knowledge of any such payment, and require them to provide unequivocal
proof of How the payment was made Cheque, PO, BACS ,Credit in cash at bank etc.
State that without such proof the alleged payment is totally refuted.

Check your records as carefully as you can,

nem

[peter1972000]

Re: BW Legal

Just a quick update nothing back from bwlegal and nothing back from lowell is it best to do defence on line or through post times ticking away and i want to get it right

[FlamingParrot]

Re: BW Legal

Just a quick update nothing back from bwlegal and nothing back from lowell is it best to do defence on line or through post times ticking away and i want to get it right

You should be able to submit your defence online via MCOL. :typing:

No need to chase Lowell for the CCA request. Have you tried asking BW Legal to agree to a 28 day extension to file your defence since they haven't provided the documents requested?

[peter1972000]

Re: BW Legal

You should be able to submit your defence online via MCOL. :typing:

No need to chase Lowell for the CCA request. Have you tried asking BW Legal to agree to a 28 day extension to file your defence since they haven't provided the documents requested?

Hi no i havent will that help if i do Peter

[FlamingParrot]

Re: BW Legal

Hi no i havent will that help if i do Peter

I'd say it's worth a try, tell them that you need the documents to be able to prepare a defence and the should have been in possession of them prior to issuing a claim. As they've not been able to provide them, you'd like them to agree to a 28 day extension as allowed under CPR 15.5. :thumb:

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[peter1972000]

Re: BW Legal

Nem Flaming Parrot received letter from bw legal today confirming request of cca usual crap we passed on to lowell who will pass on to original creditor 12 days if they can still no proof of the said payment as yet . i could ask for the 28 day for filing defence but surely this will only give them time to find the paperwork they dont have even though the court claim my time is running out Peter

[FlamingParrot]

Re: BW Legal

Nem Flaming Parrot received letter from bw legal today confirming request of cca usual crap we passed on to lowell who will pass on to original creditor 12 days if they can still no proof of the said payment as yet . i could ask for the 28 day for filing defence but surely this will only give them time to find the paperwork they dont have even though the court claim my time is running out Peter

They probably mean you could ask BW Legal to agree to a 28 day extension to file your defence. Bear in mind that just because you have filed a defence, it doesn't mean they can no longer supply the documents at a later date. Once you file a defence they will have 28 days to tell the court whether they wish to proceed with the claim. If so, the court will send directions questionnaires to both sides followed by directions which will include the disclosure of documents they intend to rely on. They may still disclose them at that stage and it's not that unusual for debt purchasers to finally obtain the documents when pressed to do so by the court. For this reason I see no harm in requesting their agreement to an extension, their time won't be running out any time soon anyway.

[peter1972000]

Re: BW Legal

HI Flaming parrott ok will do this debt i think was sb though as they still not provided proof of said payment Peter

[FlamingParrot]

Re: BW Legal

HI Flaming parrott ok will do this debt i think was sb though as they still not provided proof of said payment Peter

I could also tell you that you paid me £40 in 2009! I'd be rather odd for someone to just make a one-off payment of £40 and I reckon a judge would have to agree with that. If you go on to submit a SDb defence, they will have to show proof that the payment was made, not just say "you paid £40 on xx/xxxx/2009...".

You may consider sending a SAR (to the bank not Lowell) to obtain your statements. As they are allowed 40 days, you won't get them before your defence is due but they could come in handy if things progress further. :thumb:

[peter1972000]

Re: BW Legal

Flaming parrot i havent even a clue who i banked with then i had just split with my wife after 20 years thats why i know i never made the £40 payment i was not worried about anything letting alone paying a bloody credit card thank you for advice i will ask for the 28 days see what they say as for sar have no idea or account numbers who i banked with Peter

[FlamingParrot]

Re: BW Legal

Flaming parrot i havent even a clue who i banked with then i had just split with my wife after 20 years thats why i know i never made the £40 payment i was not worried about anything letting alone paying a bloody credit card thank you for advice i will ask for the 28 days see what they say as for sar have no idea or account numbers who i banked with Peter

You may not know who you had a current account with but do know you had a Cap One credit card, so you could try sending the SAR to THEM: http://www.capitalone.co.uk/support/...ss-request.jsf

A SAR is a request for all data held about YOU, not about a specific account, so you should be able to request it even if you don't know your credit card number. :thumb: