CCJ From BW Legal

[givenuponengland]

HI all,

On the 07th Jan 2015, I received a Claim form, from Northampton County Court.

Particulars of Claim

The claimants claim is for the sum of £299.12 being monies due from the Defendant to the Claimant under a non-regulated communications agreement between Defendant and Three Mobile.
Under account reference ********** and assigned to the claimant on 06/08/2013 notice of which has been given to defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

I filled in all the relevant information and sent the information on the 13th Jan 2015, Signed for delivery, which was signed for on the 14th at 08:36.

I received the claim for back on the 03/02/15, because I had signed as a third party. My surname has been changed, so I sent the relevant information back, on the 03/02/15,
Which was signed for on the 05/02/15. Including Deed Pool documents, date that I changed my name.
Heard nothing back until today, 24/06/15

You have not replied to the claim form, it is therefore ordered that you must pay the claimant £224.12 for debt(and interest to date of judgement)
and the £97.00 for costs (less £0.00 which you have already paid)
You must pay the claimant a total of £321.12
by installments of £50 per month
the first payment to reach the claimant by the 17 July 2015 and on or before this date each month until the debt is paid.

Now when the form was filled in, I advised that I am out of work, (Full Time Father of three), Have no benefits, (yes worked all my life entitled to nothing)
We live off my partners wage and tax credits.
The contract was with Three mobile, and was a rolling 30 contract, I was advised I could cancel when I wanted as long as I gave 30 days noticed. I gave my 30 day notice and didn't receive any bills, This was about 7years ago.

I have spoke to BW Legal today
And they confirmed to me that all my documents were received on the 5th of Feb.
They informed me the documents were not sent as the wrong name was on the Court Claim form.
I tried to argue the case but, the advisor on the line didn't know what to do, and kept putting me on hold, after 35mins I got fed up and felt like I was deliberately put on hold as there office closes at 19:00

I'm stuck now, as my choices are:-

Pay a debt that shouldn't exist.
Inform the court that I did reply to the claim form, Send in a new application and pay a £50 charge

I've been trying the last few years to get all my debts sorted and paid off, and now have a CCJ.

Sorry for the rant, and if I have missed any information out

Any advice would be welcome,

[nemesis45]

Re: CCJ From BW Legal

Hi welcome to LB

The important point is did you or did you not send the acknowledgment of claim to the court and
signify intention to defend the claim?
What BW received is not really relevant.

Why do you say this debt should not exist?

nem

[givenuponengland]

Re: CCJ From BW Legal

Hi welcome to LB

The important point is did you or did you not send the acknowledgment of claim to the court and
signify intention to defend the claim?
What BW received is not really relevant.

Why do you say this debt should not exist?

nem

I requested that the rolling contract be cancelled, giving the 30 days required notice.

I think i may have sent it to BW now that I think about it.

[nemesis45]

Re: CCJ From BW Legal

I requested that the rolling contract be cancelled, giving the 30 days required notice.

I think i may have sent it to BW now that I think about it.

Definitely should have sent everything to the court, in my opinion
BW have played a dirty trick, proving it is another matter.
As to the cancellation was this in writing?

nem

[givenuponengland]

Re: CCJ From BW Legal

Definitely should have sent everything to the court, in my opinion
BW have played a dirty trick, proving it is another matter.
As to the cancellation was this in writing?

nem

Been at least 6 years, but I'm sure it was both verbal, and in writing

[givenuponengland]

Re: CCJ From BW Legal

Been on the phone to BW, (Calls Recorded)

They received all documentation on the 05/02/2015, but didn't send or respond to the documents, as they thought they were copies for there files?
Now all the documents sent were original, including the court document, (Which I know I sent to the wrong destination.)
There argument was, "there is nothing else we can do, as you didn't respond to the courts"
I asked them, Why didn't they forward the documents to the courts. To which they responded "they didn't have to"

What confuses me, Is the fact that the first lot of documents were also sent to them., 13/01/05, which they sent to the Court.
Yet the second lot of documents, including my defense, was withheld, for which they want a £10 fee to send me copies.

I've also been in written to the courts, but they can't do anything without the defense, I'm stuck as the first payment date is the 17th July, and I seem to be getting nowhere due to BW lack of interest and help.

[givenuponengland]

Re: CCJ From BW Legal

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