Urgent Advice Please BW Legal - Lowell & County Court Claim

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

I will endeavour to try to e-mail documents/scan them over the weekend and hope this makes more sense.

my email address might be useful :lol: (I forgot to put it on my previous post ) kati@legalbeagles.info xx

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Debt Camel

Thank you for your help. I had my home re-possessed and was left with a shortfall debt of £41,219.01. I believe this debt has been purchased by Lowell. Again, I apologise for any misunderstandings or confusion on my part but due to my illness I have not retained all letters relating to my debts and find it difficult to deal with. To date, this is the only debt whereby court proceedings have been initiated against me.

Any assistance is greatly appreciated.

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Yep CCA to Lowell CPR to BW

no apologies needed xx

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thanks Kati. I will do as advised. I have just been through my paperwork again and it seems I have misread or misunderstood some of my paperwork. It would appear that Lowell have purchased 3 outstanding debts of mine. The one whereby they have instructed bwlegal to issued this claim is not the debt I referred to whereby I stated I wrote to Bryan Carter requesting CCA - that is another debt and hence the difference in the amounts owed. I apologise for the confusion.

It would appear that I have not previously entered into any correspondence whatsoever relating to this debt so should I be requesting CPR 31.14 from bwlegal and CCA from Lowell as this has not been previously requested? I will endeavour to try to e-mail documents/scan them over the weekend and hope this makes more sense.

[Debt Camel]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi ditzee,

can I ask if you have any other debts? For example a mortgage shortfall from the house you owned?

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

OK ... next would be acknowledging service of the claim (can be done online via MCOL) and then a CPR 31.14 request to BW http://www.legalbeagles.info/forums/...ic-information

If you can email me copies/pictures of anything you received I can post them up on this thread (redacted) for the other Beagles to look at

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Kati

Firstly thank you so much for replying so quickly I really appreciate it.

Particulars of the claim:-

The Claimant's Claim is for the sum of £835.58 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 and assigned to the Claimant on 2/7/2013 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been services and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of 0.14 from the date of the assignment of the agreement to 2/7/2014 being an amount of £51.24.

I recall that the original debt refers to a Barclaycard which I think was taken out around 6/2007. As I have stated earlier I think I defaulted payment some time late in 2009 and I know for sure that I have never made any form of payment or made contact with any creditor since this date. I wrote to Bryan Carter on 4/4/2014 requesting a copy of Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974 and subsequently received a letter from Bryan Carter on 12/6/2014 stated they enclosed account documents provided by their client as request and hoped that clarified matters. The enclosed document was merely photocopies of terms and conditions of the Barclaycard. Nothing within the copied documents states actual date the card was issued or contains my signature. I cannot trace finding any documentation from Lowell stating the debt had been re-assigned to themselves. I have a letter from Lowell going back to 9/2012 stating statement of account was 23/9/2012 and period of cover 1/9/2010 to 31/8/2012 was £970.93 and no payments received within that time frame.

I look forward to hearing from you soon.

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi @ditzee ... I've moved your thread to the court claim section I'm sure you will get lots of help from the knowledgeable Beagles, but while you're waiting would you be able to type up the 'particulars of claim' from the front of the form (personal details removed of course )
and then have a look at this for what your first steps should be:

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html