Urgent Advice Please BW Legal - Lowell & County Court Claim

[ditzee]

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

Thanks FlamingParrot - do you know if the correct address would be the Trinity Road Halifax for the data controller?

[FlamingParrot]

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

Hi FlamingParrot and Nem

I have decided to continue fighting this claim after sleeping on it and feel empowered by your help here on Legal Beagles! I think I will go ahead with a Subject Access Request - can you please confirm if their is template for this request here and to whom exactly I write to seeing as though it was Halifax and subsequently HBOS?
With regards to the option of bankruptcy, it has been a struggle to keep up to date with my current bank account and pay all my utilities bills on time and not to have fallen into debt with these since losing my job and falling ill and I would not want to go through the process of having my bank account frozen and getting into arrears with my utility providers and landlord and I do not have the funds to go down this path regardless!! Surely the DCA's are aware that I have no assets and no job yet seem relentless in pursuing this debt?
Is there anyway I can firmly establish whether this debt is statute barred or could this information be gleaned from the result of the SAR?

You'll find a SAR letter I've used here: http://www.legalbeagles.info/forums/...ter#post567824. SARS are addressed to the data controller. That letter is more specific to ask for financial information from banks. :thumb:

[ditzee]

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

HI Berniethebolt

If I was to take out what little funds I have in my bank account to put aside to pay for my bills surely the Official Receiver would be looking at all my financial papers including bank statements and I would be penalised for this as I was led to believe that look at the last 2 years worth of accounts? I have managed my monies to the best of my ability and have no arrears on any of my utility bills as I am scared to death of getting into debt again. I am in the Support group of ESA but understand trying to claim PIP these days is extremely difficult.

I did quote the POC word for word on the forum and does appear the wording was vague and or inaccurate and it was never made clear by the DCA or solicitors what the outstanding debt referred to and I do not re-collect ever receiving a notice of assignment. I am still confused as to the statute barred element - some advice states there is a small chance it could be but it is looking more and more likely that last payment in May 2009 and summons in June 2015 means they may have re-started the SB clock in the nick of time by a couple of months or so?

- - - Updated - - -

By the way when it comes to providing paperwork for court will they need copies of 2 years of my bank statements at some point or do you simply provide them with a form outlining your income and outgoing bills?

[Berniethebolt]

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

Hi Ditzee
I can not see anyway that this account would be statute barred

Here is a template for a SAR
http://www.legalbeagles.info/forums/...otection-Act-)

I can appreciate that BR still holds a certain stigma and the thing to do is take all your money out of the bank before you go to court (what little you get on ESA) . have you thought about applying for PIP. Can I ask what group are you in , WRAG or support?
If you have arrears on utility bills these can be included in BR so it really is like a fresh start. I remember how hard it is to live on benefits particularly since the coalition have cut their value in real terms, added council tax to your outgoings and made it harder to get other benefits. Unfortunately D-Ream were wrong, things can and will get worse .

There are however ways forward as I think I suggested, the vagueness of the POC , lowells not telling you it was a current account , frankly use your mental health issues if it helps to show you are vulnerable but I will leave the real advice in the capable hands of Flaming Parrot who knows a thing or 10 about such things.

[ditzee]

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

Hi FlamingParrot and Nem

I have decided to continue fighting this claim after sleeping on it and feel empowered by your help here on Legal Beagles! I think I will go ahead with a Subject Access Request - can you please confirm if their is template for this request here and to whom exactly I write to seeing as though it was Halifax and subsequently HBOS?
With regards to the option of bankruptcy, it has been a struggle to keep up to date with my current bank account and pay all my utilities bills on time and not to have fallen into debt with these since losing my job and falling ill and I would not want to go through the process of having my bank account frozen and getting into arrears with my utility providers and landlord and I do not have the funds to go down this path regardless!! Surely the DCA's are aware that I have no assets and no job yet seem relentless in pursuing this debt?
Is there anyway I can firmly establish whether this debt is statute barred or could this information be gleaned from the result of the SAR?

[FlamingParrot]

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

Ditzee
I am really sorry that this has happened , I did not want to get into an argument with anyone so I have pm'd my comments to nemesis45. I just felt that there had been a mix up which can happen on a forum. I do not know what Flaming Parrot thinks but I know you have no money and survive on benefits but in order to avoid the CCJ maybe you would want to think about a Tomlin order or even just negotiate a repayment plan with Lowells . I hate saying that but I am I think being practical.

A Tomlin order is useful to avoid a CCJ but you'd be expected to be in a position to repay the debt in monthly instalments and the monthly offer should be affordable in the long term because if you fail to make payments they can apply to lift the stay and request summary judgment. :scared: So instead of having a CCJ now you' have one a few years down the line.

An offer of £1/month may not be acceptable for a Tomlin order but it would have to do for a judgment if you can show that's all you can afford.

Current accounts are very difficult things. Of course if you continue with the defence, which is perfectly possible but will need some changes in your witness statement -that can be spun to make it look like BW were at fault for not supplying the documents anything is possible. With the mortgage shortfall however I would be seriously considering investigating funding for BR . Turn2us provide some good info as do some of the debt charities

I posted up some useful links here: http://www.legalbeagles.info/forums/...129#post556129

TBH if BR is being considered due to the need to deal with the shortfall, I hardly see much point in fighting or worrying about a CCJ as judgment debts can be included in the bankruptcy.

You are not the first and won't be the last to not be sure what a debt is for , particularly if you are suffering with depression/anxiety and god knows what else

Even if you don't suffer from anything, the particulars of the claim are rather vague and not good enough to establish what the debt is, particularly if you have various debts and they date back a few years. I see no harm in having sent the s.78 request or asking for a copy of the default notice since the particulars did not say this was a current account overdraft.

[FlamingParrot]

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

Are the court likely to accept photocopies of a bank statement as enough evidence to proceed with a ccj in the Legal Beagles opinion?

Thanks again Nem - if I can get scanned documents to work I will post! I would have thought that if they had notice of assignment it would have been produced by now and the bank statement does not look too convincing. I shall sleep on it tonight and re-visit the forum tomorrow and re-read through - again thank you for your help and prompt replies - much appreciated :yawn::okay:

As I posted earlier, I misunderstood when you posted about last payments and statements, I thought you were referring to your own records rather than anything supplied by them. I suggested sending a SAR if you want to get your own copies of statements. It takes time but so does the court process. The burden of proof is on the claimant but it could be useful to have your own records to either confirm or disprove what they are saying and it could help you make an informed decision. :decision:

Is it worth my negotiating with bwlegal or direct with Lowell and proposing £1 per month and if so how do I go about this or do you think if the court side in favour of the claimant they are more likely to be reasonable about sensible monthly re-payments given my situation? I have never acknowledged this debt but am I right in saying that the SB clock has been reset anyway so liasing with bwlegal will not be detrimental to my case?:help:

You are right in saying that the clock was reset at the time a claim was issued, if the debt was already SBd you have an absolute defence, if not then you may want to look at the alternatives. :thumb:

[nemesis45]

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

Thanks again Nem - if I can get scanned documents to work I will post! I would have thought that if they had notice of assignment it would have been produced by now and the bank statement does not look too convincing. I shall sleep on it tonight and re-visit the forum tomorrow and re-read through - again thank you for your help and prompt replies - much appreciated :yawn::okay:

I wouldn't be convinced by statements!

Catch up tomorrow!

nem

Have a good evening

[ditzee]

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

Thanks again Nem - if I can get scanned documents to work I will post! I would have thought that if they had notice of assignment it would have been produced by now and the bank statement does not look too convincing. I shall sleep on it tonight and re-visit the forum tomorrow and re-read through - again thank you for your help and prompt replies - much appreciated :yawn::okay:

[nemesis45]

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

Are the court likely to accept photocopies of a bank statement as enough evidence to proceed with a ccj in the Legal Beagles opinion? Is it worth my negotiating with bwlegal or direct with Lowell and proposing £1 per month and if so how do I go about this or do you think if the court side in favour of the claimant they are more likely to be reasonable about sensible monthly re-payments given my situation? I have never acknowledged this debt but am I right in saying that the SB clock has been reset anyway so liasing with bwlegal will not be detrimental to my case?:help:

BW legal " solicitors" cannot make any decisions they have to refer everything back to their client.

Given the age of the account and the small period of time covered by the statement (s) I can't see
them being accepted.

nem

[ditzee]

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

Are the court likely to accept photocopies of a bank statement as enough evidence to proceed with a ccj in the Legal Beagles opinion? Is it worth my negotiating with bwlegal or direct with Lowell and proposing £1 per month and if so how do I go about this or do you think if the court side in favour of the claimant they are more likely to be reasonable about sensible monthly re-payments given my situation? I have never acknowledged this debt but am I right in saying that the SB clock has been reset anyway so liasing with bwlegal will not be detrimental to my case?:help:

[nemesis45]

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

Hi Nemesis and FlamingParrot- the default notice and notice of assignment were both mentioned in POC! Is only the notice of assignment applicable then as it is bank account debt? Having problems with my scanner and editing documents since my upgrade this week to Windows 10 lol! Any further advice for me or action I can take or just sit tight and wait for N180 from the court? I get the impression that bwlegal are relying wholly on this photocopied bank statement as only documentation required for court action! Sorry to ramble on so much today and if I have caused any confusion on the forum. :loco::noidea::crazy:

Hello Ditzee don't worry I think we have got to the heart of the matte
The confusion was not your fault.

The claimants solicitor has drafted the particulars of claim very carelessly which can only
be in your favour I for one can't see this statement bein acceptable on its own as proof of
liability.

The claimant has to prove you owe this debt and an uncertified copy of a statement that could have
been cobbled together by anyone with access to a computer and a printer and the short period the statement
covered both very suspicious.

The documents that the claimant will have to be disclosed at least 14 days prior to a hearing.

nem

[Berniethebolt]

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

Ditzee
I am really sorry that this has happened , I did not want to get into an argument with anyone so I have pm'd my comments to nemesis45. I just felt that there had been a mix up which can happen on a forum. I do not know what Flaming Parrot thinks but I know you have no money and survive on benefits but in order to avoid the CCJ maybe you would want to think about a Tomlin order or even just negotiate a repayment plan with Lowells . I hate saying that but I am I think being practical.

Current accounts are very difficult things. Of course if you continue with the defence, which is perfectly possible but will need some changes in your witness statement -that can be spun to make it look like BW were at fault for not supplying the documents anything is possible. With the mortgage shortfall however I would be seriously considering investigating funding for BR . Turn2us provide some good info as do some of the debt charities

I wish you all the best

P.S.
You are not the first and won't be the last to not be sure what a debt is for , particularly if you are suffering with depression/anxiety and god knows what else

[ditzee]

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

Hi Nemesis and FlamingParrot- the default notice and notice of assignment were both mentioned in POC! Is only the notice of assignment applicable then as it is bank account debt? Having problems with my scanner and editing documents since my upgrade this week to Windows 10 lol! Any further advice for me or action I can take or just sit tight and wait for N180 from the court? I get the impression that bwlegal are relying wholly on this photocopied bank statement as only documentation required for court action! Sorry to ramble on so much today and if I have caused any confusion on the forum. :loco::noidea::crazy:

[nemesis45]

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

Every thing had been clarified an sorted out the POC mentioned a regulated agreement prior to the " discovery" that this was an overdraft, both FP and I then stated that the CCA request was no longer viable and the pursue the CPR 31.14 request,. As you see in post 78. So you are wrong once again!

The debt being dealt with today is a Halifax Account Balance £654+ not £835. wrong again.

For the most part here FP and I have said the same things.
So one can only come to the conclusion that your sole purpose it to look for points that you believe might
enable you to disrupt and dispute threads.