Court date in 3 weeks, help please!!!!

[Teasdi]

Hi all

After some guidance before my court date. Have followed all the normal protocols regards defence, SAR, cpr etc . Detailz are;

Bwlegal on behalf of Lowell portfolio 1
Approx £2k
Not statute barred
Debt from 2015

I have struggled to get Information from bw from outset. Sent all the normal cpr requests etc, which they pretty much ignored. SAR complaint placed with ICO after they failed to even send copies of letters I had sent to them. Complaint ongoing. At 15.45 on the final day to submit their court bundle it was emailed to me, presumably after they had received mine record recorded delivery that day. They have come up with copies/screen shots of original creditor debt Details and copy of online agreement. They start they are still attempting to get a copy of default notice.

Should I go to the hearing or give up now and try and agree with them a payment plan? I can't afford to get a ccj against me so was thinking Tomlin order? I'm happy to post more details if anyone can help. It's been such a pain dealing with bw but they appear to have pulled out all the stops last minute.....help please.....

Thanks

[warwick65]

Re: Court date in 3 weeks, help please!!!!

Hi
I am afraid it is almost impossible to offer advice without more info such as
What were the exact particulars of claim
When was the account opened
Did you end a formal S78 request with the £1 fee- what did they send back?
Did you send a Cpr 31.14 request and what did you ask for?
Did you send a cpr 18 request and what did you ask for?

Are we now at hearing dates, did you have their witness statement and have you submitted yours

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

Hi
I am afraid it is almost impossible to offer advice without more info such as
What were the exact particulars of claim
When was the account opened
Did you end a formal S78 request with the £1 fee- what did they send back?
Did you send a Cpr 31.14 request and what did you ask for?
Did you send a cpr 18 request and what did you ask for?

Are we now at hearing dates, did you have their witness statement and have you submitted yours

Hi Warwick

Thanks for your reply. The claim is for a VERY account and that I failed to keep up repayments, was issued default and it was then assigned to Lowell portfolio. It was opened in 2015. I sent the normal requests and fees etc along with the three letter process,cpr requests, SAR request twice, ICO complaints etc. Their witness statement arrived last day by email, hard copy about 4 days later. I submitted mine to the court and claimant as requested. The court fee must be paid by 17th by claimant. They haven't provided a copy default notice as they say they are reliant on origiginal creditor even though it was listed on claim particular. I can upload copy docs if necessary...

Thanks

[warwick65]

Re: Court date in 3 weeks, help please!!!!

Just a quick question

Did you get your original advice from get out of debt free? You talk about the three letter process

have they supplied a recon default notice?

Maybe if you could upload redacted documents - if that is a problem email them to admin@legalbeagles.info or kati@legalbeagles.info who will do the deed for you.
@Diana M @Amethyst

might be able to offer more advice once the documents are uploaded.

I guess the real important info to see is
the particulars of claim
the agreement - although i expect that to be ok due to its age

Your defence
their WS
Your WS

problem is, it is now Friday evening and the forum mat be quiet until Monday - I am generally out of action both days , got commitments not that my advice is what you are after :-)

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

hi Warwick65

ive attached the docs you request; hopefully they are of some help?!

I'm annoyed that I tried to get information from them for months and to deal with it only for them to not supply anything to the last minute. They still haven't supplied the default notice and are saying "we are a debt purchaser; its not our fault" but they are relying on it within their claim.....

Any advice would be appreciated......

[pt2537]

Re: Court date in 3 weeks, help please!!!!

Hi there,

Im just looking over your documents now, will feedback to you shortly.

Cheers

[pt2537]

Re: Court date in 3 weeks, help please!!!!

Hi there

Well firstly, it seems to me they are overlooking one fundamental issue here, the Default notice not only does it have to be served but also it has to be compliant with the requirements of the Consumer Credit Act 1974. If it is not, then the Claimants claim fails per Harrison v Link Financial ( see the link in my signature.)

It seems there is no evidence of service of the notice of the assignment either nor the deed, it seems to me that they have some difficulties in their case, BUT these issues are not straight forward to argue, they are quite complicated and can be tricky

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

Hi there

Well firstly, it seems to me they are overlooking one fundamental issue here, the Default notice not only does it have to be served but also it has to be compliant with the requirements of the Consumer Credit Act 1974. If it is not, then the Claimants claim fails per Harrison v Link Financial ( see the link in my signature.)

It seems there is no evidence of service of the notice of the assignment either nor the deed, it seems to me that they have some difficulties in their case, BUT these issues are not straight forward to argue, they are quite complicated and can be tricky

Hi pt2537

Any of your advice would be greatly received 😀


Thanks in advance

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

Hi pt2537

Any of your advice would be greatly received 😀


Thanks in advance

Hi pt2537

Have you any further guidance for me? How should I approach this?

Thanks

[charitynjw]

Re: Court date in 3 weeks, help please!!!!

Re your SAR, if it was to BW they may well claim legal privilege.
https://uk.practicallaw.thomsonreute...a=(sc.Default)

I'll give [MENTION=551]pt2537[/MENTION] a nudge for you.
Also [MENTION=87380]Diana M[/MENTION]

[pt2537]

Re: Court date in 3 weeks, help please!!!!

Hi pt2537

Have you any further guidance for me? How should I approach this?

Thanks

Hi there

Well the problem they seem to have is that they are relying on a Default notice but they havent provided it, they would ideally need to prove that the default notice was not only sent but that it complied with the law, they do seem to have a problem there

If you look at Harrison v Link Financial which is linked in my signature you will note the importance of the Default notice. And of course the relevant section of the Consumer Credit Act being s87(1)

[warwick65]

Re: Court date in 3 weeks, help please!!!!

Hi again

Did you send the SAR to BW or to Very?

If you sent it to Very they should have produced everything including details of when the DN was supposedly sent

If you sent it to BW they really will not have a great deal to produce as they only took over the case just prior to the claim and as Charity has explained they can hide behind privilege

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

hi pt2537

do you have any further guidance for me at all? If its looking like a loss then should i attempt to contact BW to gain agreement prior to court date (1 week away)?

Otherwise im happy to go attend with a defence strategy......

Thanks

[warwick65]

Re: Court date in 3 weeks, help please!!!!

[MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION]

[Teasdi]

Re: Court date in 3 weeks, help please!!!!

[MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION]

Hi guys

Do you have any further guidance for me: court date is only 2 days away and I'd like to prepare a statement for the hearing.

Thanks in advance .......