** DISCONTINUED ** B W LEGAL Claim Form

[dicklett]

Re: B W LEGAL Claim Form

Hi hope all well, I've still had nothing from Lowell or Bwl, I've called the courts and they've said they've been notified that Bwl wish to proceed, the courts are in the process of sending out a direction questionnaire. Where do I go now, they've not provided any of the info such as the CCA which doesn't exist and they claim that the debt isn't statute barred, they e cashed the postal order but provided nothing. Thanks so much.

[nemesis45]

Re: B W LEGAL Claim Form

Hi hope all well, I've still had nothing from Lowell or Bwl, I've called the courts and they've said they've been notified that Bwl wish to proceed, the courts are in the process of sending out a direction questionnaire. Where do I go now, they've not provided any of the info such as the CCA which doesn't exist and they claim that the debt isn't statute barred, they e cashed the postal order but provided nothing. Thanks so much.

BW and Lowell use the threat of going forward with the claim in the hope of scaring people into giving up and paying.
As long as Lowell is in breach of the CCA request it cannot enforce the debt.

Why is it claimed the debt is Not statute barred.

nem

[Stu]

Re: B W LEGAL Claim Form

Don't worry, as hard as it sounds wait for the directions questionnaire to come and that will be your next step...

[dicklett]

Re: B W LEGAL Claim Form

BW and Lowell use the threat of going forward with the claim in the hope of scaring people into giving up and paying.
As long as Lowell is in breach of the CCA request it cannot enforce the debt.

Why is it claimed the debt is Not statute barred.

nem

They claim that the default date was June 2010 therefore not statute barred. My last acknowledgement of it was November 2009

- - - Updated - - -

Nem define "in breach of the CCA" cheers

[nemesis45]

Re: B W LEGAL Claim Form

Not complied with a lawful request for information.
nem

[dicklett]

Re: B W LEGAL Claim Form

Thank you Nem & Stu82.....

And so....... Today I've received the Directions Questionnaire from the court, along with a letter from BWL advising me that Lowell intends to continue with the claim. I STILL have not received any information that i requested in the CPR31.14 and the CCA request, but I'm not really surprised by this....

Do i have to make anyone aware such as the court or send further letters to BWL/Lowell requesting the information again, even though they're now outside the timescale allowed for providing this information ? I am listening to to everyones advice and do feel that BWL are just playing along, but i feel like i should be doing more to make them aware about it being statute barred and the lack of response from them, i don know......

Their only response to it being statute barred was "our client has instructed that you breached your agreement with the originating creditor on 1st june 2010, our clients cause of action runs from the date of the breach above, accordingly our clients claim is not statute barred.

I havnet responded to this, i have double checked and my last acknowledgment of the debt was a payment in November 2009, nothing else after this and telefonicas records reflect this. They registered a default in June 2010.

Should i be doing anything else now ? Many thanks as always for your help.

[nemesis45]

Re: B W LEGAL Claim Form

Thank you Nem & Stu82.....

And so....... Today I've received the Directions Questionnaire from the court, along with a letter from BWL advising me that Lowell intends to continue with the claim. I STILL have not received any information that i requested in the CPR31.14 and the CCA request, but I'm not really surprised by this....

Do i have to make anyone aware such as the court or send further letters to BWL/Lowell requesting the information again, even though they're now outside the timescale allowed for providing this information ? I am listening to to everyones advice and do feel that BWL are just playing along, but i feel like i should be doing more to make them aware about it being statute barred and the lack of response from them, i don know......

Their only response to it being statute barred was "our client has instructed that you breached your agreement with the originating creditor on 1st june 2010, our clients cause of action runs from the date of the breach above, accordingly our clients claim is not statute barred.

I havnet responded to this, i have double checked and my last acknowledgment of the debt was a payment in November 2009, nothing else after this and telefonicas records reflect this. They registered a default in June 2010.

Should i be doing anything else now ? Many thanks as always for your help.

Hi,

Complete the DQ and send a copy to the court and the claimant keeping a copy for yourself.

For clarification please:

Date of last payment/acknowledgment ?

nem

[dicklett]

Re: B W LEGAL Claim Form

last Payment was 27th November 2009

Do i just send the DQ, do i need to send any kind of covering letter with it ?

[nemesis45]

Re: B W LEGAL Claim Form

last Payment was 27th November 2009

Do i just send the DQ, do i need to send any kind of covering letter with it ?

No the form is part off the court process nothing else is needed at this point,

nem

[dicklett]

Re: B W LEGAL Claim Form

Thanks Nem, what about info I've requested, do i need to chase them again ?

[nemesis45]

Re: B W LEGAL Claim Form

Thanks Nem, what about info I've requested, do i need to chase them again ?

You can chase CPR request, leave CCA alone.

nem

[dicklett]

Re: B W LEGAL Claim Form

will this work in my favour with their failure to produce the requested info ? "should" it go to court ?

[nemesis45]

Re: B W LEGAL Claim Form

will this work in my favour with their failure to produce the requested info ? "should" it go to court ?

Without the CCA they cannot enforce the debt.

nem

[dicklett]

Re: B W LEGAL Claim Form

Hi, i have to submit the DQ by 2/6/16 so this getting posted off today.

C1on the form asks i agree that the small claims track is the appropriate track for this case yes or no, i don't agree to any of it so what do i select ? If i choose No what do i put as the reason ? any other advise for completing it ?

Cheers

[dicklett]

Re: B W LEGAL Claim Form

Morning Nem, need further guidance,

As you know the particulars of claim on the claim form state that the sum owed is for a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and telefonica........

Previously i hadn't heard anything back ref the CCA request or the CPR31.14, I've emailed BWL to chase the CPR31.14 and reminded them of their obligation but nothing through yet.

Today i have received a letter and a £1 cheque refund from Lowell advising me : "Please find enclosed our refund cheque for £1.00 as this account is not governed by the provisions of the consumer credit act 1974, please be advised your account is being managed by BW Legal who will be in contact.

So what does this mean, the claim states my account is regulated by the CCA ? Have they fudged up ?