*** DISCONTINUED *** Letter Of Claim BW Legal

[Stu]

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Received this yesterday now not sure what to make of it, is it serious letter or a "Before action"

What would be the best course of action to take with it ??

The debt still shows on credit file and default date was 19/07/2010,

[charitynjw]

Re: Letter Of Claim BW Legal

Hi [MENTION=69750]stu82[/MENTION]

Imho, they're just huffing & puffing!

If it were me, I'd send them a CCA request (see the green bits at the top of the thread), SignedFor post & £1 PO marked 'for statutory purposes only. Instruct them to pass it to their 'client', Little Piggies
They then can't progress their claim until they come up with a CCA-compliant copy of the original agreement (though unfortunately a reconstituted one is ok, but it still must be compliant), plus original T&Cs, any updates & a statement of account.

Best guess? - Even if they do, it will be toilet paper! (Most of the 'store' agreements were).

When did you last pay into the account, or acknowledge it in writing?

[Stu]

Re: Letter Of Claim BW Legal

At a guess well before the default date maybe even 2009, and thanks that's a great help ....

[Stu]

Re: Letter Of Claim BW Legal

BW Legal The Tannery
91 Kirkstall Road
Leeds
LS3 1HS


Dear Sir/Madam
Re:− Lowell Portfolio 1 Ltd Reference ***********
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
Mr Stu 82

Does this suffice and cover everything ?

[nemesis45]

Re: Letter Of Claim BW Legal

Get a CCA request done straight away but send to Lowell not BW, use a postal order for £1 mark it "for statutory fee only" on both sides keep a copy for your records.
use signed for post check delivery date and signature and print a copy.

Respond to BW by e-mail just state that you have contacted their client direct for information.

nem

[Stu]

Re: Letter Of Claim BW Legal

Thanks Nem is the above covering everything I should need??

And how are you chap its been a long time..

[charitynjw]

Re: Letter Of Claim BW Legal

At a guess well before the default date maybe even 2009, and thanks that's a great help ....

That's a Statute-barred letter you can add to your to-do list!

Get a CCA request done straight away but send to Lowell not BW, use a postal order for £1 mark it "for statutory fee only" on both sides keep a copy for your records.
use signed for post check delivery date and signature and print a copy.

Respond to BW by e-mail just state that you have contacted their client direct for information.

nem

Thanks, nem.

Thanks Nem is the above covering everything I should need??

And how are you chap its been a long time..

Tickling along, as you do, lol!

Yourself?

[nemesis45]

Re: Letter Of Claim BW Legal

Thanks Nem is the above covering everything I should need??

And how are you chap its been a long time..

,

It's has been a while Stu, a few ups and downs health wise but otherwise fine! how are you?
You could send BWL are " prove it" letter at this stage just for the sake of a larger response.

The CCA request is the most important part at present.

You have to be careful BW/Lowell seem to ignore their own " deadlines" and issue claims shortly after they send the "letter before claim.

nem

[Stu]

Re: Letter Of Claim BW Legal

Im good thanks and sorry to hear about your health still...

I will get the CCA sent today if possible otherwise Monday should I hope get there in time... I'll keep the thread updated thanks to you both..

..................................

Just looking and Im having trouble finding the CCA template needed to send for this case can someone point me in the direction via a link?

[Stu]

Re: Letter Of Claim BW Legal

Re:− Account/Reference Number
This letter is a formal request pursuant to s78 of the consumer credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.78(6)a will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the ConsumerProtection From Unfair Trading Regulations 2008 (CPUTR).
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.


I look forward to hearing from you.

WOULD THIS BE THE ONE ??

[nemesis45]

Re: Letter Of Claim BW Legal

Add " I enclose herewith the required statutory fee of £1.00

nem

[Stu]

Re: Letter Of Claim BW Legal

Can anyone advice on the address to send letters to Lowell ..Lowell Group
Ellington House
9 Savannah Way,
Leeds Valley Park West
LEEDS
West Yorkshire
LS10 1AB
...........
Or
..........
Lowell Solicitors
PO Box 1419
Northampton
NN2 1BU

[MIKE770]

Re: Letter Of Claim BW Legal

Ellington House Recorded Delivery - PO Boxes No signed for most cases, it will get to them within days as I found out. had a two day turn around from the Lowells non solicitors

[Stu]

Re: Letter Of Claim BW Legal



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Well received this today..... I sent out my CCA request and "Prove it letter" and no response to either, I thought the purpose of them letter was so they couldn't take action as I disputed the debt??

[Stu]

Re: Letter Of Claim BW Legal

[MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Have they bent/ignored the rules by serving me with these papers..? I requested a CCA on the 25th and had no response I thought that request puts them on hold until they come up with the goods ....