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Just received today a Letter of Claim from BW Legal for nearly £2000 from Lowell from Provident. This was a loan taken out whilst I was married sometime between 2007-2010. Can someone please advise as to what is my next step please as I am currently on ESA and certainly unable to afford to pay it. Attached is the letter. Many thanks.
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Re: BW Legal Letter of claim
Hi firstly try not to worry and welcome to the form, it may well just be a scare tactic to make you enter into negotiation to pay it and start you 6 year clock again...
When did you last pay the account.. Or speak to some regards the debt?
You can ignore it and see if they take it further with the courts or send them a CCA either way it would just be a waiting game if you can't/won't pay...
Have a look at some other threads with similar situations, they might give you a better insight.. -
Re: BW Legal Letter of claim
Many thanks for your reply Stu - much appreciated.
I honestly do not know when the last payment was made, but it was at least 5 years ago. According to my Credit Report from Noddle, Lowell have stated that the account started on 17/05/2010 and was defaulted on 06/09/2011. I am pretty sure that hardly any payments were made. And absolutely no contact in regards to the debt has ever been made, as by then I had split from my now ex-wife.
How can I find out when last payment was made without acknowledging debt?
Yes, I started this thread in panic when I received the BW Legal letter yesterday and have subsequently read up on it and was planning on going down the CCA route anyway after reading the Basic First Steps Guide.Comment
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Re: BW Legal Letter of claim
It could well be borderline statute barred but unknown without knowing last payment..
Send a CCA request but send to Lowell and not BWLegal, send a £1 postal order and wright on it "for statutory fee only" on it and keep a copy for yourself.
Send it recorded delivery, and take note when its delivered and make a copy of the as well
Send the solicitors an e-mail and say that you have contacted Lowell for requested information to be better able to respond but I think you will get papers through the door without a reply.Comment
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Re: BW Legal Letter of claim
Many thanks for the quick reply, Stu.
You have been a great help and will certainly do as you have advised.Comment
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Re: BW Legal Letter of claim
Your welcome Tel but I wouldn't know anything if it was not for the folk on this fine forum, more people will be around very soon to help as well...Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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