Urgent Advice Please BW Legal - Lowell & County Court Claim

[FlamingParrot]

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

Completing the defence via MCOL now and stuck at page where asking if I am making counterclaim or not - am I ticking yes or no??????:help:

If you are submitting just the generic defence it would be a NO. :thumb:

[nemesis45]

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

Completing the defence via MCOL now and stuck at page where asking if I am making counterclaim or not - am I ticking yes or no??????:help:

Definitely No Ditzee.

nem

[ditzee]

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

Defence finally submitted via MCOL - a big thank you everyone at Legal Beagles I could not have done it without you - I will no doubt be posting soon with my next update on how the case progresses :clap2:

[nemesis45]

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

Defence finally submitted via MCOL - a big thank you everyone at Legal Beagles I could not have done it without you - I will no doubt be posting soon with my next update on how the case progresses :clap2:

Good luck Ditzee!!


nem

[ditzee]

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

Hi again. Received a letter from bwlegal in today's post. Simply states that their client LOWELL intends to continue with the claim. Can you please confirm what is the next stage of the process, will the court give them another court date? Will there be any more info available via MCOL? None of the documents I originally requested are attached by the way! :noidea:

[FlamingParrot]

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

Hi again. Received a letter from bwlegal in today's post. Simply states that their client LOWELL intends to continue with the claim. Can you please confirm what is the next stage of the process, will the court give them another court date? Will there be any more info available via MCOL?

From what I can see above, your defence was submitted exactly 28 days ago, the claimants have 28 days to respond and state whether they wish to proceed with the claim so they are just doing so. You'll need to wait to hear from the court, they'll start by sending you an N180 directions questionnaire for you to fill in and return. Once the questionnaires are returned, the court will set a trial date but that will be a few months away. :ranger:

None of the documents I originally requested are attached by the way!:noidea:

No, they wouldn't be if they haven't found them. Once the questionnaires are sent and returned, the court will give directions to supply the documents at least 14 days before the court date, if they still can't find them, they may well have to discontinue. ray: What a shame, uh? :lol:

[ditzee]

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

Thanks again Flaming Parrot for the update. I will sit tight then until I receive the N180 questionnaire and then post for yet more help from everyone - thank you again, I wouldn't know what I would do without the Legal Beagles :okay::okay:

[ditzee]

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

Oh my word I am so confused now :noidea::noidea:. I have today received a letter from bwlegal stating their client Lowell is prepared to offer me a final settlement fee and attached is a photocopy of a bank account statement which has no date on it as such but states it covers the period 10/12/2008 - 10/12/2009. Opening balance -£284.97 and closing balance -£654.34 - I thought this claim was in relation to a credit card but would appear it relates to a bank overdraft account!
Until 2010 I previously banked with the Halifax so I am confused. This Statement of Account show last "money in" as 22/5/2009 - to be honest I cannot recall if any further monies were paid into this account after that date but find it odd that if the statement period covers up to December 2009 why are there are no other monies going in shown on there so am now thinking this was final payment and wondering if the account would have been statute barred when proceedings were taken out against me in June 2015? - I am assuming that 6 months after May would be treated as the official default date??
To add to my confusion I just obtained a copy of my credit report and this makes reference to a Current Account with Halifax which was started on 29/10/2001- does this affect how my claim is dealt with? The default balance was £654 and date it was updated and SATISFIED was 31/7/2013. Does this mean Lowell purchased this debt? Are the CCA and CPR requests still applicable? I still have not received these documents which I requested and mentioned in my defence? Are bank account overdrafts dealt with differently to credit cards?:loco:

[nemesis45]

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

Hello Ditzee,,
1. The satisfied date is when Lowell acquired the debt.

2. The relevant 6 year period for Limitations (OD) would start on the date the creditor Issued a Demand for Immediate Payment In Full.

3. CCA request is not applicable to an OD.

4. CPR 31.14 is still applicable until the claim is allocated to the SCT.

5. All will depend when the creditor Demanded the Immediate repayment in full.

Pretty close call if the creditor took 6 months to register a default that would bring us up to 11/2009 for the start of the 6 year period if we ignore demands for payment.

This debt is on the file you say so a default date should be on the record?

nem

[Berniethebolt]

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

Hi
I have just read your thread and I am afraid i do not think anyone who has offered you advice has covered themselves in glory and I am sure they will all wish to apologise. I think some clarification on points is needed

In post one you talk about HBOS issuing legal proceedings for your mortgage shortfall, has a judgement been made and are you paying anything back?

You later type up the particulars of claim and say it was for a financial services account -you go on to say you recall a barclaycard. I think it should have been picked up that a financial services account would indeed be a current account rather than a credit card

When you posted the letters from Lowell and the claim form they show that the original creditor was HBOS, again someone should have picked that up HBOS is not barclaycard.


Now we come to this recent statement , you say you banked with HBOS until 2010, did you only have one current account or can't you remember ?

The last credit shown is from 22/5/2009. Can you remember if the account was in normal use or is the money in maybe a payment to reduce the overdraft . If the account was in regular use at 22/5/09 I am afraid that it will not be statute barred for some time.

I think you need to investigate exactly what this is and possibly amend your defence if possible although I can not help you on how to do this . My gut feeling is that you may well lose in court but the payment you make must only be what you can afford , even if its £1 a month . I know money is tight on ESA but £1 a month should be manageable

Sorry to be the bearer of bad news

[ditzee]

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

Hi Nem

Default date 8/12/2009 - court action initiated end of June this year. I cannot trace a demand for final payment in full. The POC in initial court claim stated monies due under Financial Services Agreement regulated by CCA - defendant failed to maintain contractual payment and default notice served and not complied with. Does my CPR request cover this? I requested copies of Agreement, Default Notice and Assignment in my defence. Should bwlegal still be providing copies of default notice and notice of assignment before the court allocated a new court date in SCT? Should I be writing direct to bwlegal asking for these two documents again or wait for the court to send me N180? :dizzy:

[nemesis45]

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

Hi
I have just read your thread and I am afraid i do not think anyone who has offered you advice has covered themselves in glory and I am sure they will all wish to apologise. I think some clarification on points is needed

In post one you talk about HBOS issuing legal proceedings for your mortgage shortfall, has a judgement been made and are you paying anything back?

You later type up the particulars of claim and say it was for a financial services account -you go on to say you recall a barclaycard. I think it should have been picked up that a financial services account would indeed be a current account rather than a credit card

When you posted the letters from Lowell and the claim form they show that the original creditor was HBOS, again someone should have picked that up HBOS is not barclaycard.


Now we come to this recent statement , you say you banked with HBOS until 2010, did you only have one current account or can't you remember ?

The last credit shown is from 22/5/2009. Can you remember if the account was in normal use or is the money in maybe a payment to reduce the overdraft . If the account was in regular use at 22/5/09 I am afraid that it will not be statute barred for some time.

I think you need to investigate exactly what this is and possibly amend your defence if possible although I can not help you on how to do this . My gut feeling is that you may well lose in court but the payment you make must only be what you can afford , even if its £1 a month . I know money is tight on ESA but £1 a month should be manageable

Sorry to be the bearer of bad news

Well what a load of claptrap!

Separate debts for a start.
We are dealing with the fact that this is a Halifax CC/OD account as Ditzee has discovered from documents supplies and credit reference files.
Answers to the specific questions Ditzee has asked regarding this Halifax Debt have been answered.
Awaiting Ditzee's confirmation of the default date showing on the credit file.
nem


If you are unable to comprehend what has happened here it would best if you apologise and leave the thread.

[FlamingParrot]

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

Hi
I have just read your thread and I am afraid i do not think anyone who has offered you advice has covered themselves in glory and I am sure they will all wish to apologise. I think some clarification on points is needed

In post one you talk about HBOS issuing legal proceedings for your mortgage shortfall, has a judgement been made and are you paying anything back?

I don't think this claim has anything to do with the mortgage shortfall, and it doesn't look like proceedings were issued over that one either:

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.

The last paragraph highlighted in red would refer to the claim being dealt with on this thread and not the shortfall, although I can see how it could easily be seen to refer to the shortfall being within the same paragraph. :ohwell:

[ditzee]

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

Hi Berniethebolt - I think it is clear now that the debt relates to a current account. I only ever banked with the Halifax and only had one current bank account and my salary was paid into this account - I was made redundant in 2009 and fell ill - hence falling into debt. The last monies paid in would appear to be my final salary. I was hoping that bwlegal may still have to produce a default notice and notice of assignment as I cannot trace having received this.I am wondering if it is now worth contacting bwlegal to offer £1 or if the worse comes to the worse let the court decide - as you say £1 is manageable and perhaps the court would be less demanding than Lowell and bwlegal .............

[ditzee]

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

Hi Nem

You are correct - this debt refers to an overdraft with HBOS - or Halifax as they were known when I banked with them - as I say default date is December 2009. I do have a debt relating to a re-possession and secured loan on my home at that time but I have no court action that I am aware of being taken against me in relation to that - I have corresponding on here about court action relating to debt purchased by Lowell which assumed was credit card from wording on court claim but is in fact overdraft. I look forward to reply as to how I proceed from now.