** DISCONTINUED ** B W LEGAL Claim Form

[nemesis45]

Re: B W LEGAL Claim Form

[QUOTE=dicklett;642232]Good afternoon,

Today i have received a letter that reads.... we acknowledge your letter and the contents have been noted. Our client has instructed us that you breached your agreement with the original creditor on 1st June 2010. Our clients cause of action runs from the date of this breach. Accordingly our clients claim is not statute barred.

we are currently awaiting documentation which has been requested from your original creditor. we will try to provide these documents as soon as possible but this is contingent on receiving the documents from them within a reasonable timescale.

Yours blah blah

I have checked my credit file and it states that the default date was 1st June 2010.... with Lowell Portfolio.

I have done some digging with the creditor as i have a friend that works there, a payment plan was set up and a payment made in November 2009, the next payment due was December 2009 which didn't happen and no further payment or payment plan or contact was maintained following that.

Should i now wait for BWL to provide the info to prove that it is not statute barred or do i need to send off another letter to them ?

Many thanks again[/QUOTEThe OC will have originated the CRA entry Lowell can only update with it's information and cannot change the default date placed by the OC, perhaps your friend could confirm.

nem

[dicklett]

Re: B W LEGAL Claim Form

Sorry Nem, could you explain that a bit more for me, are you saying that Lowell are quoting the date it defaulted with them ?...im not sure i understand what your giving me ?...sorry

So far, the info i have is that a payment plan was set up prior to November 2009, the last payment was made Nov 2009, December 2009 payment didn't happen and thats when the account shut down. I haven't paid anything nor made contact with them since this time. Statute barred will go from this time in Nov 2009 will it not ? I am sorry if i repeat myself, just a tad worried and want to make sure I'm doing this right. Im not sure where BWL get this default date of June 2010 from , it could be the account with telefonica defaulted in june 2010 and was then passed to Lowell. if so then the SB date will still run from the last payment /contact in Nov 2009 won't it ? Will have more info tomorrow. In the mean time do i need to take any further action with BWL or do i wait to come to me with the info requested and keep checking MCO to see if they've progressed with the claim there ? Thanks a mill.

[nemesis45]

Re: B W LEGAL Claim Form

Sorry Nem, could you explain that a bit more for me, are you saying that Lowell are quoting the date it defaulted with them ?...im not sure i understand what your giving me ?...sorry

So far, the info i have is that a payment plan was set up prior to November 2009, the last payment was made Nov 2009, December 2009 payment didn't happen and thats when the account shut down. I haven't paid anything nor made contact with them since this time. Statute barred will go from this time in Nov 2009 will it not ? I am sorry if i repeat myself, just a tad worried and want to make sure I'm doing this right. Im not sure where BWL get this default date of June 2010 from , it could be the account with telefonica defaulted in june 2010 and was then passed to Lowell. if so then the SB date will still run from the last payment /contact in Nov 2009 won't it ? Will have more info tomorrow. In the mean time do i need to take any further action with BWL or do i wait to come to me with the info requested and keep checking MCO to see if they've progressed with the claim there ? Thanks a mill.

Lowell did not place or register the default date this I s done by the original creditor Lowell / BW no one can change it. It you believe the default date reported now is wrong this should be challenged with the OC.

nem

[dicklett]

Re: B W LEGAL Claim Form

Is there a specific letter i should be sending them to challenge it or should i just send them the stature barred letter ? I have a bit more info too, not sure if this helps my case or not.... when the phone agreement was taken out, it was done so in somebody else's name, it was a staff perk tariff, never signed for or set up by me, the name on the account was then simply changed for billing purposes. The person no longer works for telefonica having moved on to bigger and better things, but there will never be a credit agreement or any agreement that i have signed or agreed to as the account was set up in someone else's name.

Is my best course of action just to wait it out and wait for BWL to send me the info i have asked for in the CPR31.14 which will never present itself with my name on, or can you suggest what letter i might send to telefonica challenging the date ?
Thanks

[nemesis45]

Re: B W LEGAL Claim Form

Is there a specific letter i should be sending them to challenge it or should i just send them the stature barred letter ? I have a bit more info too, not sure if this helps my case or not.... when the phone agreement was taken out, it was done so in somebody else's name, it was a staff perk tariff, never signed for or set up by me, the name on the account was then simply changed for billing purposes. The person no longer works for telefonica having moved on to bigger and better things, but there will never be a credit agreement or any agreement that i have signed or agreed to as the account was set up in someone else's name.

Is my best course of action just to wait it out and wait for BWL to send me the info i have asked for in the CPR31.14 which will never present itself with my name on, or can you suggest what letter i might send to telefonica challenging the date ?
Thanks

More info on this perk arrangement please.

nem

[dicklett]

Re: B W LEGAL Claim Form

Nem, let's say Hilda smith works for Telefonica, one of the staff perks are that they can have upto 3 mobile accounts for family members/friends, however these are in Hilda's name.... The account is set up and I begin to get bills in Hilda's name, to make things easier for billing purposes the name and address on the invoice is changed to mine... No agreement to sign just 4 fields on screen to update.

[dicklett]

Re: B W LEGAL Claim Form

Hi, sorry to keep asking but should i be sending off any other letters now to BWL or elsewhere or is it a waiting game ? Not sure what to do next...

Many thanks

[nemesis45]

Re: B W LEGAL Claim Form

Nem, let's say Hilda smith works for Telefonica, one of the staff perks are that they can have upto 3 mobile accounts for family members/friends, however these are in Hilda's name.... The account is set up and I begin to get bills in Hilda's name, to make things easier for billing purposes the name and address on the invoice is changed to mine... No agreement to sign just 4 fields on screen to update.

So all invoices are in your name and by using the service and paying the bills you then take full responsibility / liability for the account?

nem

[dicklett]

Re: B W LEGAL Claim Form

i guess so

[nemesis45]

Re: B W LEGAL Claim Form

i guess so

Why did payments cease?
Was the arrangement cancelled by you or the service provider?

nem

[dicklett]

Re: B W LEGAL Claim Form

Hi Nem, the payment stopped by me as there was a dispute with the account, can you tell me though do i need to be sending any further letters off to either BWL or telefocina ? cheers

[nemesis45]

Re: B W LEGAL Claim Form

Hi Nem, the payment stopped by me as there was a dispute with the account, can you tell me though do i need to be sending any further letters off to either BWL or telefocina ? cheers

I wonder if there is actually any " service contract" in existence given the way the account was set up.

Save me going over 50+ posts did you actually sign anything?

nem

[dicklett]

Re: B W LEGAL Claim Form

Definitely not Nem, never signed anything..... But could the fact that I paid for services, is that not an agreement in itself ? Thanks for your time with this ..

[nemesis45]

Re: B W LEGAL Claim Form

Definitely not Nem, never signed anything..... But could the fact that I paid for services, is that not an agreement in itself ? Thanks for your time with this ..

The particulars of claim: Does it state and agreement between You and The Service Provider?

nem

[dicklett]

Re: B W LEGAL Claim Form

the wording is .....being monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and telefoonica uk ltd...........the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. (which is rubbish as i never heard anything more from telfonica)