BW Legal

[FlamingParrot]

Re: BW Legal

received today notice of allocation small claims track ??? not sure next move any help would be grateful still no cca cpr from the muppets bw legal

Just part of the process, you need to return the N180 questionnaire and return it. It's fairly straightforward to fill in, you'd be expected to tick yes to mediation even thought it's not likely to go ahead if they've not supplied you with any documents by the time you hear from the mediation service. No reason to disagree to small claims allocation, no need for experts or an interpreter. Just provide details of your local court and any dates you're not available. Under witnesses just one (yourself).

i called the courts Friday told me they had not responded must have responded by the skin of their teeth would have been stayed today regards Peter

You don't really want this hanging over you indefinitely and the courts have not been obliging when receiving strike out applications for stayed claims. Probably for the best to carry on, after the directions questionnaires are returned, the court will give directions to supply the documents they intend to rely on at least 14 days before the hearing date. If they can't come up with the documents by then, they may have to discontinue. ray:

[peter1972000]

Re: BW Legal

Just part of the process, you need to return the N180 questionnaire and return it. It's fairly straightforward to fill in, you'd be expected to tick yes to mediation even thought it's not likely to go ahead if they've not supplied you with any documents by the time you hear from the mediation service. No reason to disagree to small claims allocation, no need for experts or an interpreter. Just provide details of your local court and any dates you're not available. Under witnesses just one (yourself).


You don't really want this hanging over you indefinitely and the courts have not been obliging when receiving strike out applications for stayed claims. Probably for the best to carry on, after the directions questionnaires are returned, the court will give directions to supply the documents they intend to rely on at least 14 days before the hearing date. If they can't come up with the documents by then, they may have to discontinue. ray:

Hi Flaming Parrot many thanks for the advice you and Nem have given im very grateful will do and ray:ray:ray:ray:ray:ray:ray:ray:ray:ray: i managed to check my bank history as found out what bank i payed the creditor from bw legal said £40.00 July 2009 well i know thats not true now so christ knows where they made that payment up from kind regards Peter

[FlamingParrot]

Re: BW Legal

Hi Flaming Parrot many thanks for the advice you and Nem have given im very grateful will do and ray:ray:ray:ray:ray:ray:ray:ray:ray:ray: i managed to check my bank history as found out what bank i payed the creditor from bw legal said £40.00 July 2009 well i know thats not true now so christ knows where they made that payment up from kind regards Peter

Lowell & Co. are infamous for making up phantom payments out of thin air. :mad2: :mad2: :mad2:

The burden of proof is on the claimant so they'll have to, well, PROVE that the payment was made, showing where it came from. I reckon if it went that far, a judge would ascertain that, in the balance of probabilities, you are not likely to have made a one-off, random £40 payment in July 2009. Although the onus is on THEM to show that a payment was made and not on you that it wasn't, having your bank details certainly helps! :thumb: :thumb: :thumb:

[nemesis45]

Re: BW Legal

Hi Nem received today notice of allocation small claims track ??? not sure next move any help would be grateful still no cca cpr from the muppets bw legal i called the courts Friday told me they had not responded must have responded by the skin of their teeth would have been stayed today regards Peter

Hello Peter, Complete the questionnaire. Agree small claims track, confirm your local court, and tick yes for mediation, it is expected that parties will have attempted to settle without recourse to a hearing.

The CPR 31.14 will be dead in the water as the claim will be allocated to the SCT, very quickly, the CCA request if not complied with renders the debt unenforceable until the agreement is produced.
nem

[peter1972000]

Re: BW Legal

Hello Peter, Complete the questionnaire. Agree small claims track, confirm your local court, and tick yes for mediation, it is expected that parties will have attempted to settle without recourse to a hearing.

The CPR 31.14 will be dead in the water as the claim will be allocated to the SCT, very quickly, the CCA request if not complied with renders the debt unenforceable until the agreement is produced.
nem

Quick update was called for mediation and told them no cca etc etc and did not believe it was suitable now transferring to my local court fingers crossed i get a nice Judge still no Cca or proof the debt was not statue barred will keep posted Peter

[nemesis45]

Re: BW Legal

Quick update was called for mediation and told them no cca etc etc and did not believe it was suitable now transferring to my local court fingers crossed i get a nice Judge still no Cca or proof the debt was not statue barred will keep posted Peter

Hello Peter,
That was to be expected, BW will always agree to mediation even if it has not provided the requested documents..
Lack of the CCA means that they can't enforce until a compliant agreement is supplied.
I often think that the DCA's and their sols use the mediation service to gain extra time to obtain the agreement.
It will be interesting to see their next move against an SB defence and non compliance with the CCA request.

nem


St

[FlamingParrot]

Re: BW Legal

Quick update was called for mediation and told them no cca etc etc and did not believe it was suitable now transferring to my local court fingers crossed i get a nice Judge still no Cca or proof the debt was not statue barred will keep posted Peter

The court will order them to produce the documents at least 14 days before the hearing date. With regards to their unsubstantiated allegations that the debt is not SBd, you may want to look at this: :whoo: :whoo: :whoo:

Yay... time to chalk up another victory for the Beagles!
I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

[Sandy Ago]

Re: BW Legal

Hi Peter,
I went through mediation even though I had not, at the time, received any documents from Lowell. It was there that I first heard of an alleged payment of £20. They could not provide any details of the payment so mediation was left open for 24 hours to give time to provide further details... which they could not provide. Around 10 days later I received a 30+ page document from Lowell which they claimed was a statement of my account. It didn't show any other payments other than the one they alleged, despite showing rising and falling balances in the amounts owing from month to month. This was the document they relied on at my hearing where the judge agreed with me that it was not sufficient proof the debt was not statute barred. The judge said, in summing up, that it was clear the onus of proof lay with the claimant and he was not satisfied they had done so and therefore dismissed the claim.

[nemesis45]

Re: BW Legal

Good result Sandy,

Lowell and to some extent Cabot have failed to prove " mystery" payments recently, undated/unidentifiable statements should be robustly challenged every time.

nem

[peter1972000]

Re: BW Legal

Quick update today received a letter from my local court Ordering Lowell to send to the court and me agreement and prove of the last payment by the 12th October fingers crossed they don't come up with it Lowell also tried telling me the 6 years for statue barred starts from the date its defaulted not 6 years from last payment is this the case ?

Good result Sandy,

Lowell and to some extent Cabot have failed to prove " mystery" payments recently, undated/unidentifiable statements should be robustly challenged every time.

nem

[nemesis45]

Re: BW Legal

Quick update today received a letter from my local court Ordering Lowell to send to the court and me agreement and prove of the last payment by the 12th October fingers crossed they don't come up with it Lowell also tried telling me the 6 years for statue barred starts from the date its defaulted not 6 years from last payment is this the case ?

Good morning,

Has a time limit been set for this?

nem

[peter1972000]

Re: BW Legal

Hi Nem Morning yes by the 12th october

[FlamingParrot]

Re: BW Legal

Quick update today received a letter from my local court Ordering Lowell to send to the court and me agreement and prove of the last payment by the 12th October fingers crossed they don't come up with it

You are probably familiar with this case:

Yay... time to chalk up another victory for the Beagles!
I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

Lowell also tried telling me the 6 years for statue barred starts from the date its defaulted not 6 years from last payment is this the case ?

Neither. The default date is irrelevant for the purposes of limitation, what needs to be established is what constitutes the cause of action. For accounts that have set repayment dates such as loans and credit cards, the creditor would have had no cause to take any action when you'd just made a payment, they'd have no way of knowing you wouldn't be making further payments, so it can't be the last payment date, more likely to be when you first miss a payment, i.e. at least a month later.

Having said that, when you default on contractual payments and then keep making reduced or token payments for a while, the clock would start from the date of last payment because in this case there would have been an earlier cause of action. :thumb:

- - - Updated - - -

Good morning,

Has a time limit been set for this?

It would be Oct 12th, wouldn't it?

Quick update today received a letter from my local court Ordering Lowell to send to the court and me agreement and prove of the last payment by the 12th October fingers crossed they don't come up with it Lowell also tried telling me the 6 years for statue barred starts from the date its defaulted not 6 years from last payment is this the case ?

[peter1972000]

Re: BW Legal

HI Nem Flaming Parrot. I called my local court today and they confirmed no cca or proof of payment has been received from Lowell BW LEGAL and the court have informed me the case has been struck out im just waiting to receive in writing before i party!!!!!! but many thanks for your advice Peter

[MIKE770]

Re: BW Legal

Hip Hip Hooray!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!:cheer2:opcorn::juge: