County Court Business Centre Claim Form - BW Legal Services Limited

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi, I've now found some information of the agreement date regarding this case and and the date of the original agreement was 21.05.2010, I have a statement dated 15.05.11 stating that the last payment made was 09.03.11, this defaulted account has now been removed from my Experian Credit and I'm sure will be removed from Noddle etc once they are updated which is once a month. I'm not sure how I can be given a court claim on a debt that has been removed or origianlly agreed over 6 years ago?

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi, I've now found some information of the agreement date regarding this case and and the date of the original agreement was 21.05.2010, I have a statement dated 15.05.11 stating that the last payment made was 09.03.11, this defaulted account has now been removed from my Experian Credit and I'm sure will be removed from Noddle etc once they are updated which is once a month. I'm not sure how I can be given a court claim on a debt that has been removed or origianlly agreed over 6 years ago?

If the agreement was entered into 21/05/2010 and the last payment was 09/03/ 2011 it cannot be statute barred the dates do not stand up.
[MENTION=5553]charitynjw[/MENTION] commented on this earlier.

nem

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

I'm so sorry could you explain that a little better, I'm really confused with the whole situation, I've managed to get together as much of the paperwork I can, as I mentioned earlier I made some payments then my ex husband should have taken them over and didnt so then the debt became what it is according to a statement it says:-

25.05.10 - Opening Balance - £0.00
25.05.10 - Loan Amount - £650.00
25.05.10 - Charges - £487.50 (total amount owing now £1137.50)
over the period I made a few agent collections amounting to £257.00 (£1137.50 - 257.00 = total owing £880.50)
11.02.11 Card payment 100.50 - (£880.50 - £100.50 = £780.00)
12.03.11 Card payment 100.00 - (£780.00 - £100.00 - £680.00)
12.03.11 Closing Balance 680.00

[charitynjw]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi, I've now found some information of the agreement date regarding this case and and the date of the original agreement was 21.05.2010, I have a statement dated 15.05.11 stating that the last payment made was 09.03.11, this defaulted account has now been removed from my Experian Credit and I'm sure will be removed from Noddle etc once they are updated which is once a month. I'm not sure how I can be given a court claim on a debt that has been removed or origianlly agreed over 6 years ago?

A Credit Reference Agency 'default' record has no legal standing whatsoever.
It is a commercial decision made by the creditor or owner (ie assignee) to register their version of someone's credit history with one or more of the approved CRAs.
So whether or not the alleged debt has been removed is not a reliable indicator of it's legal status.
As for the alleged debt being 'originally agreed over 6 years ago', the trigger date isn't when the agreement was signed, it is the date when the cause of action accrued. This is usually linked (in CCA agreements) to the date when the payments ceased to be made, but subsequent payments, &/or express acknowledgement, made by the debtor, will alter the trigger date.
This is a necessarily a simplistic version, as attempting the full monty would take the rest of the evening, & by folks more expert than me.

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

ah ok, well I know I've made absolutely no contact with anybody regarding this until today when I've acknowledged the Claim response so the last action definately taken by me would be the last payment I made on 12.03.11. I will complete the relevant documents mentioned above and send these off asap.

Thank you, no doubt I will require your help again in the near future.

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

I'm so sorry could you explain that a little better, I'm really confused with the whole situation, I've managed to get together as much of the paperwork I can, as I mentioned earlier I made some payments then my ex husband should have taken them over and didnt so then the debt became what it is according to a statement it says:-

25.05.10 - Opening Balance - £0.00
25.05.10 - Loan Amount - £650.00
25.05.10 - Charges - £487.50 (total amount owing now £1137.50)
over the period I made a few agent collections amounting to £257.00 (£1137.50 - 257.00 = total owing £880.50)
11.02.11 Card payment 100.50 - (£880.50 - £100.50 = £780.00)
12.03.11 Card payment 100.00 - (£780.00 - £100.00 - £680.00)
12.03.11 Closing Balance 680.00

For clarification:

All defaulted debts are removed after 6 years from the default date recorded on the credit reference files paid or not.

For a debt to become statute barred ( cannot be enforced in court) there must be 6 clear years with no payments or unequivocal written acknowledgments of the debt.

What is the default date showing on the credit files?
nem

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi the default date on the credit files is 08 August 2011.

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

The entry will not be removed until 08/ 08 / 2017.
You need to get the CCA request sent Provident's paper work was never very good.

nem

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi just a quick question I'm going to get my postal order today who do I have it made out to?

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi just a quick question I'm going to get my postal order today who do I have it made out to?

The Claimant.

nem

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

thanks so am I asking for it to be paid to Lowell Portfolio 1 or do I ask for The Claimant to be put on there sorry I'm pestering just don't want to get it wrong.

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

thanks so am I asking for it to be paid to Lowell Portfolio 1 or do I ask for The Claimant to be put on there sorry I'm pestering just don't want to get it wrong.

Lowell P 1 is the claimant.

nem

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Re: County Court Business Centre Claim Form - BW Legal Services Limited

I've now got the postal order made out to Portfolio etc (The Claimant) how do I mark it "statutory fee only" do I just write it on the front or back?
I did ask the cashier but she didnt know?

[MIKE770]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

on the back

[nemesis45]

Re: County Court Business Centre Claim Form - BW Legal Services Limited

I've now got the postal order made out to Portfolio etc (The Claimant) how do I mark it "statutory fee only" do I just write it on the front or back?
I did ask the cashier but she didnt know?

Hello BC on the front keep a photo copy if you can.

nem