CCJ Application/BW Legal/British Credit Trust

[Berniethebolt]

Re: CCJ Application/BW Legal/British Credit Trust

From what seems to happen, certainly from info on both this and other sites the claims seem to become stayed and not withdrawn. It seems it is often left up to the defendant to get the claim struck out.

But yes i would agree, too many what ifs at the moment

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Evening Ite

Hard to tell at this stage since we are not even there yet. Debts can be sold on but it would be an abuse of process to issue a new claim for the same debt unless there was new evidence that wasn't available when the first claim was issued.

I know a debt that was ruled unenforceable in court and it was quite a well known case when it was won in 2012, got sold on in 2013. It's a dead duck but such is the nature of the debt purchase business, you get pot luck.


If the debt was sold on, the new owners wouldn't be aware of the history of the account as was the case with the one I mentioned above, however, it would be up to the defendant to highlight the fact that this debt was already subject to court proceedings that were discontinued due to lack of evidence when they are contacted by the new DCA.

We seem to be getting ahead of ourselves here, debating something that may never happen.

Evening FP,

Thank you for the information. I guess I am just trying to see what the case would be if this one gets discontinued in court.

Thank you so much for all of your advise so far.

- - - Updated - - -

Yes I agree, unnecessary complication at this stage.

nem

Thank you for all of your advise so far as well Nem.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Good morning.

After a few couple of quiet weeks I have today received a letter from HM Courts & Tribunals Service which reads:

Dear Sir,

Re: Case number: ************************************************** *****

I am writing to confirm that the above case has been transferred to the County Court at L******.
Unfortunately we have been unable to locate the paper file in order for the case to progress. We would like to ask for your cooperation in sending a copy of your Defence to the COunty Court L****** at within 14 days of the date of this letter.

Please accept our sincere apologies for this inconvenience. If you have any queries please do not hesitate to email us at ccbcdefendants@hmcts.gsi.gov.uk.

Your faithfully,

Applications and Orders Section


[MENTION=37786]FlamingParrot[/MENTION] [MENTION=1937]nemisis[/MENTION] could you elaborate on what my next steps should be apart from the obvious.

Many thanks

LTE

[Amethyst]

Re: CCJ Application/BW Legal/British Credit Trust

Well, the obvious, send a copy of your defence to the court, then you wait for a hearing date notification which will include on it details of when witness statements / documents need to be filed at court ( usually 14 days before the hearing ). Its buried usually somewhere on page 2 so make sure you read the letter fully when it arrives.... could be another couple/few weeks until then though.

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Well, the obvious, send a copy of your defence to the court, then you wait for a hearing date notification which will include on it details of when witness statements / documents need to be filed at court ( usually 14 days before the hearing ). Its buried usually somewhere on page 2 so make sure you read the letter fully when it arrives.... could be another couple/few weeks until then though.

Evening.

I am just preparing my defence and just want clarification on something, although it is probably self explanatory!! Do I change the "In the Northampton County Court" to my local court where my case has been referred to?

Thanks in advance.

[FlamingParrot]

Re: CCJ Application/BW Legal/British Credit Trust

Evening.

I am just preparing my defence and just want clarification on something, although it is probably self explanatory!! Do I change the "In the Northampton County Court" to my local court where my case has been referred to?

Thanks in advance.

Evening

Yes, you'd change it to the name of your local court. :thumb:

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Evening

Yes, you'd change it to the name of your local court. :thumb:

Good evening.

I gave today received two letters through the post, one from the court and another from BW Legal.

The court one reads:

Before District Judge T***** sitting at the County Court Lincoln, High St, Lincoln.

IT IS ORDERED THAT

1. The Claim is struck out pursuant to the order dated 27 October 2015.

Dates 3 December 2015.


The one from BW Legal is allegedly all the documents the court requested and states that copies have been sent to the court.


Am I right it thinking the CCJ application has been struck out?

Have BW submitted the documents to late?

Thanks in advance.

LTE

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Good evening.

I gave today received two letters through the post, one from the court and another from BW Legal.

The court one reads:

Before District Judge T***** sitting at the County Court Lincoln, High St, Lincoln.

IT IS ORDERED THAT

1. The Claim is struck out pursuant to the order dated 27 October 2015.

Dates 3 December 2015.


The one from BW Legal is allegedly all the documents the court requested and states that copies have been sent to the court.


Am I right it thinking the CCJ application has been struck out?

Have BW submitted the documents to late?

Thanks in advance.

LTE

It would seem BW failed to act upon the courts order to produce the documents, as the judge
has struck out the claim.

What has BW sent you?

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

It would seem BW failed to act upon the courts order to produce the documents, as the judge
has struck out the claim.

What has BW sent you?

nem

Hi nem,

Thanks for the prompt response. They sent copies of:

1. Copy of Credit Agreement
2. Notice of Assignment
3. Statement of Account
4. Notices chasing sums in arrears.

Thanks

LTE

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hi nem,

Thanks for the prompt response. They sent copies of:

1. Copy of Credit Agreement
2. Notice of Assignment
3. Statement of Account
4. Notices chasing sums in arrears.

Thanks

LTE

Ok what's the date on BW's letter? Before or after 03/12?

Can we see a copy of the agreement please after removing any personal identifiers.


nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Ok what's the date on BW's letter? Before or after 03/12?

Can we see a copy of the agreement please after removing any personal identifiers.


nem

nem,

The BW letter is dated 8th December 2015.

Can you just bear with me with regard to the Credit Agreement whilst I omit personal details?

Thanks you.

LTE

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

nem,

The BW letter is dated 8th December 2015.

Can you just bear with me with regard to the Credit Agreement whilst I omit personal details?

Thanks you.

LTE

In your own time LTE!

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

In your own time LTE!

nem

Hi nem,

Credit Agreement now attached.

Refgards

LTE

[nemesis45]

Re: CCJ Application/BW Legal/British Credit Trust

Hi nem,

Credit Agreement now attached.

Refgards

LTE

Good morning,

That looks to be short on terms and conditions.

I have a BCT agreement somewhere in my hard copy archive I'll try to find it over the weekend.

nem

[lte69]

Re: CCJ Application/BW Legal/British Credit Trust

Good morning,

That looks to be short on terms and conditions.

I have a BCT agreement somewhere in my hard copy archive I'll try to find it over the weekend.

nem

Afternoon nem,

Thank you very much, it is appreciated.

So has my case been struck out?? It's confused me a little bit with receiving what I have from BW Legal.

LTE