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BW Legal County Court Judgement (CCJ) PLEASE ADVISE

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  • BW Legal County Court Judgement (CCJ) PLEASE ADVISE

    Hello

    I got CCJ from BW Legal and i am not sure what to do and is there any chance for it to be removed any advise is welcomed. This is my story I received Letter of Claim from Lowell and BW Legal on 21 of March 2016, asking to pay £953.17 for my debt to Freemans PLC. Asking me to pay or respond by 7 April 2016. At that time I was travelling and I seen the letters only beginning of April, so on 7th of April I contacted BW Legal and acknowledged the debt and agreed payment plan. I was assured over the that County Court Claim was already submitted but will be on hold, but if I miss any of agreed payment they will go ahead with it. I provided my account details to set up direct debit for the agreeed amount of £55 a month. On 10 of April I received County Court Claim documents with a claim, but I though because I spoke with them and agreed repayment plan this is just documents posted earlier before my agreement. At that point I did not notice the date on County Court Claim paperwork. The date on documents was 8 of April 2016 and amount was slightly different it was £954.70 (surprisingly it was after my conversation with them).

    Call me naive , but I believed it, and my first payment date was supposed to be 25/04/2016. On 23 of April I receive reminder from BW Legal that my payment is due in two days but if I pay via DD it will be collected automatically. On 25 of April I checked my bank account but there was no payments to BW Legal, so I checked my direct debits and there was no direct debit in BW Legal name. I got concerned and straight away got on a phone to BW asking them is there any issues with my DD payment, but they responded that everything is ok and they received my payment, I was surprised and insisted them to double check as I could not see it on my bank statement or any DD in BW name. But they assured me that everything is ok and that it might take 24 hours for it to appear. Next day I checked my online statement again, but there was nothing paid to BW so I called them right away again and they gave me the same story that everything is fine. On 2 of May I called them again asking is my payment definitely cleared as I can not see it on my bank statement, this time I was told that DD failed and payment went back to my bank, but I explained to them that I could not even see DD to be set up. BW told me that it could be mistake in a set up and if I am willing to make payment now via card. Of course I agreed and made initial payment on 2/5/2016 that appered on my bank statement as cleared on 9/5/2016. I also gave again my account details to set up DD again. I though that was it. How I was wrong, on 14 of May I received a letter dated 12/05/2016 from BW Legal saying that County Court Judgement Has Been Entered against You. And I need to pay £939.70 of which £170 for costs via instalments of £55 a month. Which is completely shattered me I went to my Credit Expert account and for sure CCJ is there, so now I am not sure what can I do and is there anything that can be done for CCJ to be removed as I honestly believe I have been misled. Can anyone please give me any suggestions what to do next.

    Thank you and sorry if it is a bit long read.
    Tags: None

  • #2
    Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

    Good evening. welcome to LB,

    Is BW legal acting for one of the Lowell group of companies?
    What do you have in writing from BW or their client.
    ,
    Did you respond to the claim pack at all? Once a claim is issued there are time limited stages with which you must comply, if you did not acknowledge service of the claim within 14 days and did not submit that you were defending or admitting the debt then a claimant can enter judgement against you.

    You would have to have signed a DD mandate and returned it to BW for a DD to have been set up.

    The only way to " remove" a CCJ is to have it set aside there is a court fee to pay for this, but you need to show good reason why a court should agree to your application and have a defence to the original claim that has a reasonable chance of success.

    Did you in all these " communications" get anything in writing from them, or did you put offers of payment in writing.

    nem

    Comment


    • #3
      Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

      Hi Nem

      Yes BW legal acting on Behalf of Lowell (Lowell bough my debt from Freemans (they are mail order company)).

      From BWL (They are Litigation agency) first letter in wring is Letter of claim where they saying if payment or response received by 7 April 2016 they will issue Claim against me in a County Court.

      No I did not respond to the claim packet as I received it after I had phone conversation with them on 7 April 2016 and entering into payment plan. They had to take first payment on 25 April, but they never did. I checked with my bank and they confirmed me that payment was never attempted. Although the last letter that I received on 10 May from BWL says acceptance of Instalment offer and than I received CCJ Letter dated 11 May 2016 and third letter I received was dated 12 May 2016 Saying A county court judgement was entered against you.

      Regarding DD mandate I did not sign it. As I never received mandate to sign, but it didn't stop them set up DD second time after my payment via debit card.

      If you need more information or scanned letters let me know. Also is it true that if you repay within 30 days from CCJ being issued court will remove CCJ??

      Comment


      • #4
        Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

        Originally posted by Gabriel2016 View Post
        Hi Nem

        Yes BW legal acting on Behalf of Lowell (Lowell bough my debt from Freemans (they are mail order company)).

        From BWL (They are Litigation agency) first letter in wring is Letter of claim where they saying if payment or response received by 7 April 2016 they will issue Claim against me in a County Court.

        No I did not respond to the claim packet as I received it after I had phone conversation with them on 7 April 2016 and entering into payment plan. They had to take first payment on 25 April, but they never did. I checked with my bank and they confirmed me that payment was never attempted. Although the last letter that I received on 10 May from BWL says acceptance of Instalment offer and than I received CCJ Letter dated 11 May 2016 and third letter I received was dated 12 May 2016 Saying A county court judgement was entered against you.

        Regarding DD mandate I did not sign it. As I never received mandate to sign, but it didn't stop them set up DD second time after my payment via debit card.

        If you need more information or scanned letters let me know. Also is it true that if you repay within 30 days from CCJ being issued court will remove CCJ??
        Good morning,,

        BW Legal are a firm of solicitors with a core business in debt collection, it seems certainly there has been some " mismanagement " of this matter.

        As to the first direct debit did BW legal have your bank account details at that point?

        The possibility of getting the CCJ set aside has been made considerably more difficult by your not responding to the claim.

        Yes if you clear the debt within the timescale the CCJ will not be registered.

        nem

        Comment


        • #5
          Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

          Good Morning Nem

          Yes BW had my account details from the first time I contacted them. My biggest concern is that it seems that they failed to take payment on purpose so that it would go to court.

          As I mentioned I was naive and trusted BW representative they I was told that a claim will be put on hold if I set up payment plan right away. For this reason I did not replied to the claim package.

          What I am considering know is to try find funds to pay it off with in 30 days and maybe if there is a chance to counter sue them for mismanagement. Do you think that even possible??

          Thank you for taking time to reply to me.

          Gabriel

          Comment


          • #6
            Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

            Originally posted by Gabriel2016 View Post
            Good Morning Nem

            Yes BW had my account details from the first time I contacted them. My biggest concern is that it seems that they failed to take payment on purpose so that it would go to court.

            As I mentioned I was naive and trusted BW representative they I was told that a claim will be put on hold if I set up payment plan right away. For this reason I did not replied to the claim package.

            What I am considering know is to try find funds to pay it off with in 30 days and maybe if there is a chance to counter sue them for mismanagement. Do you think that even possible??

            Thank you for taking time to reply to me.

            Gabriel
            Hello Gabriel,I think we start with a Formal Complaint to Lowell regarding the conduct of its Legal Representative BW Legal, after they respond it can be taken forward.

            Detail that in my opinion is important if you are going to get this judgment set aside, do you have a bank statement showing funds available at the point a DD was claimed.
            Any written confirmation of the "on hold if a payment was made " statement"?

            nem

            Comment


            • #7
              Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

              Thank you for your quick reply Nem. Yes I do have online bank statements available showing that there was enough funds in the account on the day they had to take out first payment. And it clearly shows that there was no attempt from BW there was no funds put on hold or taken out and sent back to my account (this is what BW claims happened).

              Unfortunately between my first contact with BW and CCJ I dont have any written letters from them except from one email they sent me payment reminder see content of it below (I changed some info as ref number for security reasons) :

              ___________________________

              This is a free service from BW Legal
              Dear Mr G
              This is just a friendly reminder to let you know that your next payment of £55.00 for our client Lowell Portfolio 1 Ltd is due on 25/04/2016.
              If you are paying via Direct Debit or Continuous Card Payment we will collect your payment as normal on the above date.
              You can make a payment online through our website at https://payments.bwlegal.co.uk.
              We are committed to working with all our customers to ensure that their payment plan is sustainable and affordable.
              Please note, it may take up to 3 days for payments to credit your account with us, therefore if you have already paid the above amount please accept our apologies and disregard this email.
              If you need to speak to one of our friendly agents, please call us on 0113 323 1784 quoting Reference Number "SXXXXXX".
              If you wish to correspond about your account via email at contact@bwlegal.co.uk we can help but we would first need you to confirm some data protection questions. Please therefore advise us how we can help or provide details of any questions/queries and include:
              • our reference "SXXXXXX"
              • how we can help; or
              • provide details of any questions/queries; and include
              • your Full Name; and
              • date of birth; and
              • address including postcode; and
              • contact number.
              Yours faithfully,
              BW Legal
              bw legal
              N.B. To opt out of email reminders from BW Legal, please reply to this email quoting Reference Number "SXXXXXX".
              BW Legal Registered Office: The Tannery, 91 Kirkstall Road, Leeds, West Yorkshire, LS3 1HS T: 0113 323 1784 F: 0113 357 0520 DX 716921 Leeds 39
              BW Legal is a trading style of BW Legal Services Limited which is a company registered in England and Wales under Company Registration No: 07966978.
              Authorised and Regulated by the Solicitors Regulatory Authority under No. 569773.
              Authorised by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 0652963
              VAT Registration No: 971 8540 92

              Comment


              • #8
                Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                Ok there's mismanagement of this from the start!

                Which Lowell Company is the claimant e.g. Lowell Financial/ Lowell Portfolio 1.

                nem

                Comment


                • #9
                  Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                  It is Lowell Portfolio 1, also if it is required I have records of time and date of phone calls made to them and duration of it.

                  As I mentioned previously County Court Claim documents dated 8 April 2016 and we entered into payment plan agreement on 7 April 2016.

                  This is was the reason I did not respond to the claim as I assumed I have entered in to repayment plan without involvement of courts.

                  Gabriel

                  Comment


                  • #10
                    Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                    Good morning Nem

                    Just wanted to ask you, what should be my first step now should I try to find funds to repay it it in full and get CCJ removed or should I go different wayanr try to get it put aside for mismanagement.

                    I am really confused now and not sure how to proceed??

                    Gabriel

                    Comment


                    • #11
                      Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                      [MENTION=55034]nemesis45[/MENTION]

                      Sorry for being a pain but any advise what should I do first is it try to repay in full with in 30 days or try to set aside?

                      I am really confused now. And time is ticking.

                      Comment


                      • #12
                        Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                        Originally posted by Gabriel2016 View Post
                        @nemesis45

                        Sorry for being a pain but any advise what should I do first is it try to repay in full with in 30 days or try to set aside?

                        I am really confused now. And time is ticking.
                        Hello Gabriel.
                        If you pay the debt after 30 days the credit file will be marked satisfied, pay asap after judgment not registered it would be the latter I would choose.

                        Set aside, then submit a fully pleaded defence could be difficult and no guarantee of success.

                        nem

                        Comment


                        • #13
                          Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                          Thank you Nem. Just one more question, after I clear it is it worth going after them for mismanagement??

                          Comment


                          • #14
                            Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                            Originally posted by Gabriel2016 View Post
                            Thank you Nem. Just one more question, after I clear it is it worth going after them for mismanagement??
                            I suspect such a complaint would result in claims of " clerical errors" etc.

                            As always though it's worth a try, mentioning you will be making a report for information on their conduct to the FCA.

                            nem

                            Comment


                            • #15
                              Re: BW Legal County Court Judgement (CCJ) PLEASE ADVISE

                              @Nemesis45

                              Hello nem

                              I paid off all outstanding within 30 days and got my CCJ removed. Just wondering how I proceed with official complain about mismanagement of the debt.

                              And is there a form of the letter I should use.

                              Thank you

                              Gabriel

                              Comment

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