BW Legal sent County Court Claim

[MIKE770]

Re: BW Legal sent County Court Claim

mediation shows willing and stands in good steed, usually you are asked if you have all the documents to mediate on if you state no then they would refer case back to court for next sty=age

[Poki12]

Re: BW Legal sent County Court Claim

Thank you so much. I ll send the DQ for now n hope for the best.
Will keep u updated x

[Poki12]

Re: BW Legal sent County Court Claim

sorry one last question for now.
what should I fill in "how many witnesses, including yourself, will give evidence on your behalf at the hearing?"
as I don't have anything or anyone to prove anything

[MIKE770]

Re: BW Legal sent County Court Claim

1 - that is yourself

[Poki12]

Re: BW Legal sent County Court Claim

Thank u

[Poki12]

Re: BW Legal sent County Court Claim

Hello again
I just got an email saying that both parties have sent in the DQ and if they need to use the Mediation service we need to contact them in 21 days or we ll receive a call or email about the appointment.
Meanwhile I checked my credit history at Noddle site and only recently updated status shows that I purchased the following loan at 2007 but the alleged default date is November 2011. Does it mean that it has not reached statute barred?
I ve no paper or proof related to this as I had left the country at 2008 and had no correspondence after that.
Can you please guide as to what I need to do in this situation?

[Kafka]

Re: BW Legal sent County Court Claim

If the claim is statute barred it is up to you to prove that as a defence. For it to be SB, it has to have been filed more than 6 years since the last payment to the account, or the last formal acknowledgement by you of the debt. If you are confident that beither of those conditions applied within 6 yers before the claim was filed, then your defence would be that it is statute barred.
Did you sent SAR to get all the documentation from them?

[Poki12]

Re: BW Legal sent County Court Claim

Thanks for your reply.
I ignored all the letters until one day I received the CC claim form and it all started from there. But I read that it was too late to ask for SAR.
Well I have no acknowledgement of this debt from the past 8 year. Just getting confused by the default date showing on my Credit history..

[Poki12]

Re: BW Legal sent County Court Claim

Thanks for your reply.
I ignored all the letters until one day I received the CC claim form and it all started from there. But I read that it was too late to ask for SAR.
Well I have no acknowledgement of this debt from the past 8 year. Just getting confused by the default date showing on my Credit history..

Can somebody please help. What should I do?

[Amethyst]

Re: BW Legal sent County Court Claim

Have you sent a CCA letter at all on this debt ? If not, do so today.

If your defence was solely that the debt was statute barred ( and you now believe it may not be ) then you may need to apply to amend your defence, need to know what letters you have sent, any replies and exactly what your defence said.

The Credit Agreement will be necessary as the loan was taken out in 2007, and you are unsure when the last payment was, however you were away without contact for 7 years after that - were payments being made in that time ? The loan may have been a fixed term loan where the cause of action wouldn't be until the end of the loan term - so it could be it was a 4 year term loan ?

[Poki12]

Re: BW Legal sent County Court Claim

Thanks for ur reply.
I was told in another panel that it's too late to ask for a CCA. So I didn't think it was an option.
I have had no acknowledgement of the loan since 2008 and don't think any payments have been made.
My defence said that I don't Acknowledge the debt and that it's been statute barred.
Should I ask for a CCA from BW Legal asap.?
Also what should I do towards the email that I received?
Really appreciate it help. Thanks.

[Poki12]

Re: BW Legal sent County Court Claim

I m awaiting the CCA..
Meanwhile should I reply to the email?
Thanks

[charitynjw]

Re: BW Legal sent County Court Claim

The email re mediation?

[Poki12]

Re: BW Legal sent County Court Claim

Hello there
I sent a CCA request to BW Legal as adviced above on 11th July but I didn't receive any letters or correspondence till now. It's way past the 12 days in which they had to provide the CCA.
Now I have received a Notice of sum Arrears letter from Lowell stating that my account is being managed by BW Legal n I need to contact them if I have any questions. It clearly states that the credit agreement date was 22/10/2007 which is clearly way past statute barred. I don't understand why they sent this now.
There was a Notice of Allocation to the Small Claim Track (hearing) letter from the court on the same day.
It says that both parties must provide to the court and the other party by 4pm 19/09/2017 a. Witness Statement and b. Copies of all documents.
I don't have any documents related to the arrear as I didn't receive the copy of the Agreement either.
What should I do next?
Please help...

[Poki12]

Re: BW Legal sent County Court Claim

I finally got a letter from BW Legal that Lowell has decided to take back all claims n that my account with them will be closed.
Think they were just testing how far they can threat me.
Thank you to all who guided me n adviced to keep going.
And my experience says that just don't call them or give in if u know for sure that u r on the right side.
Thanks.