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

[Amethyst]

Re: Letter Of Claim BW Legal

When it comes to your WS, and in this letter, you should detail the items and deny receipt/knowledge of any of them and ask for evidence of order/delivery etc.

Also if you can include your bank statements evidencing those payments were not made - ask for details of the account the payments were made from - BANK sounds like a SO or DD so the account details should be available.

Use that on top of the statute barred arguments and failings in the CCA ( no address etc). There is nothing linking the agreement/statements to you.


Reading back through the thread I can't see whether you recall ever having any shop direct account ?

[nemesis45]

Re: Letter Of Claim BW Legal

Apologies Nem, is there a pro's to sending the S/B letter?

as now I know the debt is unenforceable with the paperwork they have sent.. Would it be best to just let it run its course to court rather than the be given further opportunity to supply more bull hash papers..

As I see it and please anybody correct me if I've misunderstood but

Their CCA has no grounds and in no way does it reflect to me personally Ie no name address date
the default date was 2 years + after the cause of action (last payment by their own records 19/04/2008)

Thanks for the help and advice.

Good morning Stu,

It is my opinion that it is impossible for you to be able to reconcile what has been provided with any account you may have had coupled with your belief that you did not order or receive the good mentioned on the statement which also provides a default date more than 6 years ago.
If no payments or written acknowledgment has been made since the default date the debt is statute barred.

[Stu]

Re: Letter Of Claim BW Legal

I did have a littlewoods account back in 2004 and I remember difficulties in paying and it all just went away until may this year...

But these items from 2008 certainly nothing to do with me and 100% no recollection of ordering 2 tumble dryers and 2 vanity desk + a brazier.

[Stu]

Re: Letter Of Claim BW Legal

Morning [MENTION=42011]Nem[/MENTION] there certainly has been no acknowledgment or payment since 2008 but the default date was placed 20th of July 2010 and they started proceedings against myself on the 10th May 2016 so in effect they got in with 2 months to spare but my concern is no payment or acknowledgment since July 2008 but the default date was place 3 days short of 2 years after the last payment.

[nemesis45]

Re: Letter Of Claim BW Legal

Morning @Nem there certainly has been no acknowledgment or payment since 2008 but the default date was placed 20th of July 2010 and they started proceedings against myself on the 10th May 2016 so in effect they got in with 2 months to spare but my concern is no payment or acknowledgment since July 2008 but the default date was place 3 days short of 2 years after the last payment.

My opinion SB.


nem

[Amethyst]

Re: Letter Of Claim BW Legal

I did have a littlewoods account back in 2004 and I remember difficulties in paying and it all just went away until may this year...

But these items from 2008 certainly nothing to do with me and 100% no recollection of ordering 2 tumble dryers and 2 vanity desk + a brazier.

How about a Nintendo DS ?

There is a Commission payment showing on there too. Do you recall ordering anything for your neighbours/friends/family etc on the agent scheme ?

( just so you can make positive assertions that this is not your account to give a fall back defence if the judge is persuaded by the CRA default date )

[Amethyst]

Re: Letter Of Claim BW Legal

Do these charges scan with being 2004 ? I'm not sure they do - late payment = £12 is easiest to check I think as £12 was imposed by OFt in 2006 - before then it tended to be £25.

Paypoint/cheque fee = £1 on the 'agreement' yet they charged 35p in the statement.


Also when did numbers change to 0344 and 0300 ?

Number range: 0300
Type: Non-geographic number
Call costs: Normal landline rate
Introduced: March 2007

[nemesis45]

Re: Letter Of Claim BW Legal

Hi Stu,

Is not the " default date " shown on the SD statements?

nem

[Amethyst]

Re: Letter Of Claim BW Legal

Also Shop Direct wasn't Littlewoods till 2005??
(from wikipedia so need better citation)

Shop Direct Group is a multi-brand online retailer in the United Kingdom and Ireland.[citation needed][1] It is based in the Speke area of the city of Liverpool, in Merseyside, England. Established in November 2005 as a result of the merger of the former Littlewoods and Shop Direct companies, the retailer was known as Littlewoods Shop Direct Group until a corporate rebranding in May 2008

In 2004 Littlewoods was merged with Kays Catalogues to create the Littlewoods Shop Direct Group

Littlewoods Finance in 2007 - http://s222.photobucket.com/user/syt...tter1.jpg.html

Anything to bring into doubt that this is your credit agreement/account.

[Stu]

Re: Letter Of Claim BW Legal

How about a Nintendo DS ? Ill have to admit my daughter did have a ds but can't remember where she got it from.

There is a Commission payment showing on there too. Do you recall ordering anything for your neighbours/friends/family etc on the agent scheme ? I certainly wouldn't have bought/order anything for anybody.

( just so you can make positive assertions that this is not your account to give a fall back defence if the judge is persuaded by the CRA default date )

Thanks for this Amethyst as I didn't notice any commission on the statement.

- - - Updated - - -

How about a Nintendo DS ? Ill have to admit my daughter did have a ds but can't remember where she got it from.

There is a Commission payment showing on there too. Do you recall ordering anything for your neighbours/friends/family etc on the agent scheme ? I certainly wouldn't have bought/order anything for anybody.

( just so you can make positive assertions that this is not your account to give a fall back defence if the judge is persuaded by the CRA default date )

Thanks for this Amethyst as I didn't notice any commission on the statement.

[Stu]

Re: Letter Of Claim BW Legal

Hi Stu,

Is not the " default date " shown on the SD statements?

nem

Sorry [MENTION=42011]Nem[/MENTION] what is an SD statement

apologies I'm currently on my phone.

[nemesis45]

Re: Letter Of Claim BW Legal

Sorry @Nem what is an SD statement

apologies I'm currently on my phone.

Top Right Hand Corner of the statements from Shop Direct?

nem

[Stu]

Re: Letter Of Claim BW Legal

Also Shop Direct wasn't Littlewoods till 2005??
(from wikipedia so need better citation)





Littlewoods Finance in 2007 - http://s222.photobucket.com/user/syt...tter1.jpg.html

Anything to bring into doubt that this is your credit agreement/account.

Hi Amethyst, how does this affect my case ?

[Amethyst]

Re: Letter Of Claim BW Legal

Well, the CCA, isn't the CCA.... basically.

[nemesis45]

Re: Letter Of Claim BW Legal

Well, the CCA, isn't the CCA.... basically.

I think the CCA is without any merit.

nem