** DISCONTINUED ** B W LEGAL Claim Form

[dicklett]

Good evening, looking for some help if anyone could please advise me as I'm not 100% sure what to do next...

Received a claim form from BW Legal acting on behalf of Lowell Portfolio, they are claiming for a mobile phone account that i had years ago that was closed due to a dispute i had with o2. They have contacted me recently requesting payment and it has sat on my credit file festering away. It shows the default date on there as 15th May 2010, i am unsure at this point when the last payment or acknowledgement was made on this account, the balance is for £441

They have now sent me a claim form on a rather dodgy looking photocopied 4 page letter. On there it gives me a link to moneyclaim.gov.uk telling me to use the claim number and a password they have printed on the letter, i have tried to access this but it tells me that the details are incorrect. I am not convinced its official, however i have doubts.

I now have all the options and i think my next step is to send an acknowledgment of service to give me 28 days to prepare my defence. When i had this account i never actually signed any kind of credit agreement or telephone contract as it was taken out via a staff sale programme whereby one of my friends provided me with the phone through a staff facility that they operated, the name on the account was then simply changed to my name for billing purposes. I then had other issues with them which led to the account defaulting and being closed.

Its not clear on the claim form who i send the acknowledgment of service to, do i send this to the court or to BW Legal ? This claim form was issued 7th March.

My next step is to ask them to provide account information, signed agreement etc that i don't think they will be able to provide, can you kind people please tell me which letter i would be best to send them. i read somewhere that a SAR has to be given 40 days to complete, is that correct ? If so i don't have 40 days....if this letter is legit and not just a scare tactic. I do intend to call the court tomorrow and ask them to confirm that the claim number is real and valid.

So could you tell me what letter i am best to send them at this point ? I really do appreciate your help, trying not to get worried. Let me know i need to give you any more info ?

Thank you.

[Ripped-Off]

Re: B W LEGAL Claim Form

moneyclaim.gov.uk is a genuine site. The site address is https://www.moneyclaim.gov.uk/web/mcol/welcome and it should work with the details that you have been given.

In any event you are required by law to acknowledge the claim and state whether you admit liability or whether you intend to defend it.

Go to the top of the page and click on Court Claims. All your answers are there.

[nemesis45]

Re: B W LEGAL Claim Form

Hi you need to acknowledge service if yo don't you will end up with judgement by default. Online at MCOL.. You have received a genuine claim, Money claims are issued electronically that's why you have a photocopy. A company such as Lowell and a legitimate firm of solicitors is not going to be sending " fake " claims as a " scare tactic"!


A telephone contract is Not regulated by the Consumer Credit Act 1974 as it is " service " contract. There is no obligation for Lowell to send you a copy of the contract until it must be disclosed prior to a hearing.

However you can send a request under Civil Procedure Rule 31 .14 to BW Legal for the documents mentioned in the particulars of claim. ( See shortcuts at the head of the forum.)


A SAR would be sent to the original creditor not a debt purchaser which has only minimal data provided when the debt was sold.

I can assure that you have a genuine claim from a genuine debt purchaser issued by their genuine firm of solicitors.

nem

[dicklett]

Re: B W LEGAL Claim Form

Hi ripped off thanks for your reply, I did read the section you refer too, I'm a bit unclear thou, my claim form received states that it relates to a credit agreement with Telefonica, however in the help section you mention it states telecoms aren't covered by the consumer credit act, so I'm stuck, I don't know which letter to send them asking for account info, agreements etc, can you shed any light ? They've worked their claim wrong so I'm not sure what to send. Thanks

[nemesis45]

Re: B W LEGAL Claim Form

Hi ripped off thanks for your reply, I did read the section you refer too, I'm a bit unclear thou, my claim form received states that it relates to a credit agreement with Telefonica, however in the help section you mention it states telecoms aren't covered by the consumer credit act, so I'm stuck, I don't know which letter to send them asking for account info, agreements etc, can you shed any light ? They've worked their claim wrong so I'm not sure what to send. Thanks

See post #4 nem

[dicklett]

Re: B W LEGAL Claim Form

Have now accessed the MCOL site correctly and completed acknowledgement of service, do I now send bwl a 31.14 ? Is that the best thing to do ? Thank you

[nemesis45]

Re: B W LEGAL Claim Form

Have now accessed the MCOL site correctly and completed acknowledgement of service, do I now send bwl a 31.14 ? Is that the best thing to do ? Thank you

Yes CPR 31.14 to the solicitors. IF a regulated agreement is mentioned in the particulars of claim make a CCA request to see what they come up with, see short cuts in the green box above.

You need a Postal Order for £1 for the statutory fee write" for statutory fee only " on it copy and keep the copy for your records.

nem

[dicklett]

Re: B W LEGAL Claim Form

Thanks nem appreciate your help muchly.

[nemesis45]

Re: B W LEGAL Claim Form

Thanks nem appreciate your help muchly.

Happy to help!!

nem

[NWHC]

Re: B W LEGAL Claim Form

Remember the CCA request would go to lowell

Maybe to be pedantic
Ripped off, you are not 'required by law' to acknowledge service of claim as that would suggest there is a further penalty for not doing so however if you do not acknowledge the claim you will get a default judgement

Otherwise the advice given is perfectly appropriate
BTW O2 were owned by telefonica just in case you didn't know

[Ripped-Off]

Re: B W LEGAL Claim Form

Ripped off, you are not 'required by law' to acknowledge service of claim as that would suggest there is a further penalty for not doing so however if

Yes, it was the wrong phrase to use without adding that you could end up with a default judgement if you didn't acknowledge or defend, which is what I meant, and which is why I directed you to the link. You would have discovered this there.

Sorry if my comments misled you.

[dicklett]

Re: B W LEGAL Claim Form

Good evening, need some more advice please, since receiving my claim form I have made some enquiries and found out that my last payment against this debt was in November 2009 and I have never acknowledged anything against this, therefore I believe that this debt is statute barred and I shouldn't be receiving this court claim form. Should they have checked this first before sending me a claim form? What should be my next move I was about to send them a cp31.14 should I still send that or do I need to do something else ? Thanks all

[NWHC]

Re: B W LEGAL Claim Form

I think that Lowells will try to say that the limitations begins with the issue of a default however unless there is something in the agreement to say otherwise I can not see why it should not be from the first missed payment
I would use it in your defence

[nemesis45]

Re: B W LEGAL Claim Form

Good evening, need some more advice please, since receiving my claim form I have made some enquiries and found out that my last payment against this debt was in November 2009 and I have never acknowledged anything against this, therefore I believe that this debt is statute barred and I shouldn't be receiving this court claim form. Should they have checked this first before sending me a claim form? What should be my next move I was about to send them a cp31.14 should I still send that or do I need to do something else ? Thanks all

Unfortunately when debts are sold in portfolio lots the data provided by the debt seller is minimal not much more that the debts name address contact details amount owed.

It is up to the debtor to inform a " creditor" in writing that the debt is statute barred and they will not make any payment, the onus of proof that a debt is Not SB falls entirely upon the creditor.

Any payment or written acknowledgment of the debt during the relevant 6 year period resets the 6 year clock to zero.

You can write to BW legal stating that the debt is SB and was so when the claim was issued and " invite " them to withdraw the claim in the interest of saving cost and court time.

You still need to follow the court process while the claimant considers the SB challenge,.

So yes send the CPR 31.14 request by signed for post.

nem



The agreement is not included nor is any data regarding the status of the debt in regard to the Limitation Act 1980.

[dicklett]

Re: B W LEGAL Claim Form

Unfortunately when debts are sold in portfolio lots the data provided by the debt seller is minimal not much more that the debts name address contact details amount owed.

It is up to the debtor to inform a " creditor" in writing that the debt is statute barred and they will not make any payment, the onus of proof that a debt is Not SB falls entirely upon the creditor.

Any payment or written acknowledgment of the debt during the relevant 6 year period resets the 6 year clock to zero.

You can write to BW legal stating that the debt is SB and was so when the claim was issued and " invite " them to withdraw the claim in the interest of saving cost and court time.

You still need to follow the court process while the claimant considers the SB challenge,.

So yes send the CPR 31.14 request by signed for post.

nem


The agreement is not included nor is any data regarding the status of the debt in regard to the Limitation Act 1980.

So Nem, do i send a statute barred letter too or can i add this into the CPR 31.14 ? What would be best do you think ? Thanks again