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

[Stu]

Re: Letter Of Claim BW Legal

Top Right Hand Corner of the statements from Shop Direct?

nem

On my credit file the default date was the 19th/07/2010

"Shop Direct = SD" stupid me I see now

So what is the best course of action would you think to take now put it all in a witness statement or write up a letter with all the points and send to BWLegal?

I've never been a highly educated person so any help on a witness statement or letter would be greatly GREATLY received.

[Stu]

Re: Letter Of Claim BW Legal

Now I'm back home and reading properly on a real computer and not a silly phone I can't thank you guys n gals enough on the errors you have flagged up in the papers they have served me, I would never have spotted nof them...

But the question now is what is the next move "we " make ....

[nemesis45]

Re: Letter Of Claim BW Legal

Personal feeling send SB Letter not admitting any liability and see what they come up with.

nem

[Stu]

Re: Letter Of Claim BW Legal

Ok [MENTION=42011]Nem[/MENTION] that's what i'll go with thanks very much

[nemesis45]

Re: Letter Of Claim BW Legal

Ok @Nem that's what i'll go with thanks very much

When writing an SB letter, always refer to an alleged debt for which you do not acknowledge any liability.

nem

[Amethyst]

Re: Letter Of Claim BW Legal

I would also state that the agreement is incorrect and that you do not recognise the items listed on the statement nor the transactions ( no need to go into detail - just express surprise that this statement and agreement do not appear to relate to you in any way) As they have sent it to you that is fine to include in your SB letter - once it is SB it cannot become un-SB and it will serve better later ( if they proceed into court) if you bring up these issues with them now rather than just bringing them up in your WS.

[Stu]

Re: Letter Of Claim BW Legal

Thanks Nem and Amethyst..

When I've done it i'll post it up and would anyone mind just checking it over for me

Thanks again...

[nemesis45]

Re: Letter Of Claim BW Legal

Thanks Nem and Amethyst..

When I've done it i'll post it up and would anyone mind just checking it over for me

Thanks again...

No problem Stu.

nem

[Stu]

Re: Letter Of Claim BW Legal

Dear BWLegal


Account No: 1111111111
Thank you for your letter dated 19th August 2016 for which you supplied me with documents relating to a county court claim you have brought against me for an alleged debt you claim I owe and one where I have no knowledge of. On inspection of these documents I state that the Consumer credit agreement is incorrect and does not relate to myself in anyway with the information provided and the statement of account does not show any transactions or items that I can recall. I must express my surprise that these said documents do not in any way relate to myself.
To further add;
Under the Limitation Act 1980 Section 5:


“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”


Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.


"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4


"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8


The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the alleged amount claimed and discontinue the claim, to better save court time and costs.


Please confirm in writing that you will not make any further contact about the above account and confirm that this matter is now closed.


I look forward to hearing from you.


Yours faithfully

- - - Updated - - -
[MENTION=42011]Nem[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: Letter Of Claim BW Legal

Save me looking back Stu on what date was the claim issued ( not the date received)?

nem

[Stu]

Re: Letter Of Claim BW Legal

Save me looking back Stu on what date was the claim issued ( not the date received)?

nem

[MENTION=42011]Nem[/MENTION] claim was issued on the 10th may 2016.

[charitynjw]

Re: Letter Of Claim BW Legal

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Letter Of Claim BW Legal

@Nem claim was issued on the 10th may 2016.

Well after the default date which is fine.

nem

[Stu]

Re: Letter Of Claim BW Legal

Default date by their records were 20th July 2010.

On my credit file with Noddle it was the 19th July 2010.

And court issue date 10th May 2016.

What are you thinking like nem definitely SB?

[nemesis45]

Re: Letter Of Claim BW Legal

Default date by their records were 20th July 2010.

On my credit file with Noddle it was the 19th July 2010.

And court issue date 10th May 2016.

What are you thinking like nem definitely SB?

Just going through everything on SB and [MENTION=6]Amethyst[/MENTION] input and suggestion to make sure everything is in place.

nem