CCJ Application/BW Legal/British Credit Trust

[lte69]

Hi all,

Back in August 2007 I took out car finance with British Credit Trust. I kept up to date with my payments right up until 2009 when I lost my job and started to fall behind with the payments. Eventually I rang the finance company and told them I wanted to hand the car back as I could no longer afford the repayments. They collected the car and my debt with them was still outstanding obviously. I started to get letters from various DCA's to which I just ignored, then out of the blue I received a letter from Lowell to inform they had bought the debt from British Credit Trust.

Since Lowell bought the debt, it has disappeared from my Noddle Credit file. On there it was showing I had around £3995 outstanding, and showing as "satisfied". It no longer appears on my credit report.

I have now received a Claim Form for a CCJ from Lowell/BS Legal.

A few days later I received a letter from BW stating they have issued legal proceedings against me. I have not entered into any correspondence with either Lowell or BW Legal.

The debt they are claiming now stands at £6543.79 including costs etc.

Obviously I do not want a CCJ against me so I would like some advice on what I should do please. I think I have until Monday to respond on the CCJ court form but I am unsure what to do. Any advice will be greatly appreciated asap. I will upload a photo of the letter and first page of the claim form.

Many thanks.

Legal Beagles 024.jpgLegal Beagles 025.jpg

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hi, What have you done so far?

Acknowledged Service of the Claim? URGENT otherwise Lowell could apply for judgement by default.

CCA Request to Lowell, £1 statutory fee paid ?

CPR 31.14 request to BW Legal for the documents mentioned
in the particulars of claim i.e. the agreement, the notice of assignment, the default notice.

Acknowledge the claim Now at Money Claim Online (MCOL) and state intention to defend.

Your credit file is marked satisfied as Lowell has paid BCT for the debt and now own it.

Information please:

When did payments cease?
What was the default date on the entries on your credit files before it " disappeared"?

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Hi,

I haven't done anything as yet, (I guess I hoped the debt would just go away).

The default date on my account was Account start date
06/08/2007

Account end date
30/03/2010.

I haven't acknowledged service of the claim.

No CCA or CPR 31.14 sent to Lowell or BW Legal. I will do this tomorrow.

My last payment was around the June of 2010 I think and that was direct to BCT.

Many thanks for your help.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

I have just tried to acknowledge the claim but its saying my Claim No and/or Password are incorrect? I have entered both as they are shown on the form.??

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

Have you been through the register with government gateway process ? http://www.legalbeagles.info/forums/...313#post499313

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Have you been through the register with government gateway process ? http://www.legalbeagles.info/forums/...313#post499313

Hiya, yes I have done all that and it says I am logged in etc but when I try to log into the "Respond to claim" section it comes up with that error.

Regards

Jay

[jon1965]

Re: CCJ Application/BW Legal/British Credit Trust

I know the system can be a bugger , make sure that the letters are all in the right case cC and that you are not mixing up 0 and O or 1 and I. It is easily done. Failing that call the court in the morning .
Your timescale is
Date 29th June + 5 Days for service + 14 days to acknowledge =17th July to acknowledge claim +14 days to defend= 31st July

If they do not respond to your CPR and CCA request you can ask for an extension

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

I know the system can be a bugger , make sure that the letters are all in the right case cC and that you are not mixing up 0 and O or 1 and I. It is easily done. Failing that call the court in the morning .
Your timescale is
Date 29th June + 5 Days for service + 14 days to acknowledge =17th July to acknowledge claim +14 days to defend= 31st July

If they do not respond to your CPR and CCA request you can ask for an extension

Hi Jon

Yes I have checked and double checked all the details and upper case & lower case are correct. Still no joy. Grrrrrrrrrrrrr

- - - Updated - - -

[QUOTE=jon1965;559008]I know the system can be a bugger , make sure that the letters are all in the right case cC and that you are not mixing up 0 and O or 1 and I. It is easily done. Failing that call the court in the morning .
Your timescale is
Date 29th June + 5 Days for service + 14 days to acknowledge =17th July to acknowledge claim +14 days to defend= 31st July


What do I need to omit/include my my CPR request? Agreement/Contract etc.....because I can't see where it mentions any of the things in the Claim form on the Template for the CPR request?

Thanks

Jay

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Hi Jon

Yes I have checked and double checked all the details and upper case & lower case are correct. Still no joy. Grrrrrrrrrrrrr

Don't worry, there's always the odd claim where the P/W doesn't work. Below is what the FAQs say:

Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

What do I need to omit/include my my CPR request? Agreement/Contract etc.....because I can't see where it mentions any of the things in the Claim form on the Template for the CPR request?

Thanks

Looking at your claim, you can request a copy of:

• The credit agreement
• The notice of assignment
• The default notice

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you FP.

Out of ignorance what should I fill in on the acceptance form??? Is there a charge for the CPR?

I am questioning the amount owed etc and the paperwork held by British Credit Trust/Lowell/BW Legal.

Kind regards

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you FP.

Out of ignorance what should I fill in on the acceptance form???

If you are looking at the response pack that came with the claim, you need to use the Acknowledgment of service form. On the bottom third of the form there's a heading that reads "Tick the appropriate box". You want to tick the first one: "I intend to defend all of this claim". That's the only part of the pack you need to fill in, whatever you do, DON'T fill in the admission form! :scared: An admission is the civil equivalent of pleading guilty in criminal proceedings, it gives the claimant the right to request judgment. :incourt:

Is there a charge for the CPR?

No, no fee for the CPR request, just £1 for the CCA request. :thumb:

Send both recorded delivery. :typing:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you FP.

What date do I put on the CRP request where it says: "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

Thank you.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Thank you FP.

What date do I put on the CRP request where it says: "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

Thank you.

It would be 33 days from the date printed on the claim, I see it's the 29th of June so it would be the 1st of August: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

It would be 33 days from the date printed on the claim, I see it's the 29th of June so it would be the 1st of August: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Thank you FP. On my way to the post office now!

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Evening all, I have today arrived home from work to another letter from BW Legal. Any advice will be greatly appreciated. I am starting to feel harassed by them now!