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

[nemesis45]

Re: Letter Of Claim BW Legal

Hey Nem, the "statement of account" does but the 2 page credit agreement doesn't nor does it have a signature I've not removed anything and is just as it came

It Looks like they have just signed a blank agreement so one cannot be sure that it is the one relevant when the account was opened.
What's on the 2nd page T's & C's?

Do you deny ever placing the orders or receiving the goods Stu?

nem

[Stu]

Re: Letter Of Claim BW Legal

I don't ever recall them items, why buy 2 tumble dryers!?! 2 desks all that is on page 2 of the Cca is that page and empty signature nothing on the back ... How might it help Nem and it proves its statue barred ... Doesn't it ??

Thanks Nem

[nemesis45]

Re: Letter Of Claim BW Legal

I don't ever recall them items, why buy 2 tumble dryers!?! 2 desks all that is on page 2 of the Cca is that page and empty signature nothing on the back ... How might it help Nem and it proves its statue barred ... Doesn't it ??

Thanks Nem

Default 20.07.10 no claim issued SB imo.

nem

[Stu]

Re: Letter Of Claim BW Legal

I'd go as far to say it an unfair default date of last payment by their own records 07/2008 and notice of assignment to Lowellin 07/2010 and default date 07/2010 also that's nearly 2 years

[nemesis45]

Re: Letter Of Claim BW Legal

I'd go as far to say it an unfair default date of last payment by their own records 07/2008 and notice of assignment to Lowellin 07/2010 and default date 07/2010 also that's nearly 2 years

Yes it is an unfair default.

Get a stat barred letter off to BW asap Stu.

nem

[Stu]

Re: Letter Of Claim BW Legal

Thanks Nem I'll get the letter of to them... Do you think that the docs above regards the Statement of account looks genuine ? And also as there is no name or address and signature on the CCA renders the debt unenforceable in court?

[nemesis45]

Re: Letter Of Claim BW Legal

Thanks Nem I'll get the letter of to them... Do you think that the docs above regards the Statement of account looks genuine ? And also as there is no name or address and signature on the CCA renders the debt unenforceable in court?

No date, a doubtful signature, no name and address I don't think it complies with a CCA request s a copy or a reconstituted copy of the agreement.

nem

[Stu]

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.

[charitynjw]

Re: Letter Of Claim BW Legal

Hi Stu

The statements definitely look dodgy to me.

Can you recall ordering or paying for any of the items.

Are you still with the same bank? (2008/9)

Do you have the historic records; if not, you may be able to obtain them. (Banks do hold records for way over 6 years, they're just reluctant to access them. If you tell them you need them for a court case, & you are asking them directly rather than having to obtain 3rd party disclosure through court, they might be more obliging).
It does seem odd that the alleged purchases are for 2 driers & 2 desks (I won't 'go there' with the bustier.....:tape.
& it certainly seems odd that they have no record of a delivery date for any of the items.

[Stu]

Re: Letter Of Claim BW Legal

Hi Stu

The statements definitely look dodgy to me. Yeah charity that's what I was thinking.

Can you recall ordering or paying for any of the items. Nope not at all, I don't recognise the items.

Are you still with the same bank? (2008/9) Unfortunately not.

Do you have the historic records; if not, you may be able to obtain them. (Banks do hold records for way over 6 years, they're just reluctant to access them. If you tell them you need them for a court case, & you are asking them directly rather than having to obtain 3rd party disclosure through court, they might be more obliging).
It does seem odd that the alleged purchases are for 2 driers & 2 desks (I won't 'go there' with the bustier.....:tape. hahaha
& it certainly seems odd that they have no record of a delivery date for any of the items.

With the bank thing, it says paid via "bank" but on the box next to it and corresponding dates it says 35p charge for paypoint and 35p for Post office paypoint... confusing to say the least.

[charitynjw]

Re: Letter Of Claim BW Legal

I would write to the solicitors & refer to the recent statements sent. I would say that I can find absolutely no record of making the alleged payments & could they kindly send details of all the payments listed (method of payment, bank references etc) to allow me (you) to make further enquiries.

[Stu]

Re: Letter Of Claim BW Legal

Morning Charity.. Is it necessary though, In my view they've already lost the case when it goes to court because it's clearly SB

My worry Is if I contact them and note their paperwork is proof of it being S/B they might infact come back with some other paperwork that is not mine, say it is and i'll have to prove otherwise

The way it is as I see it, it goes to court the judge see's last payment 2008 default more than 2 years later.. job done! Or am I missing something?

[MIKE770]

Re: Letter Of Claim BW Legal

SB is final

[charitynjw]

Re: Letter Of Claim BW Legal

Morning Charity.. Is it necessary though, In my view they've already lost the case when it goes to court because it's clearly SB

My worry Is if I contact them and note their paperwork is proof of it being S/B they might infact come back with some other paperwork that is not mine, say it is and i'll have to prove otherwise

The way it is as I see it, it goes to court the judge see's last payment 2008 default more than 2 years later.. job done! Or am I missing something?

Good morning, Stu.

You'd have to be prepared to argue the date on which the cause of action accrued. (ie the date the agreement should have been terminated -v- the date it was actually terminated.

It is not as simple as you may think.....see http://www.legalbeagles.info/forums/...e-Barred-Debts for a discussion.

Also, a 'default' on a CRA file is not proof of default/termination for CCA 1974, it is merely an indication of missed payments.

[Stu]

Re: Letter Of Claim BW Legal

Thanks Mike I know its SB and is a win in the eyes of the court, Im at this moment trying to type up a letter to point out nems and charitys points I'm just trying to find something on the net about unfair 2 years late default.

As the default was placed on the 19/07/2010 and they started proceeding against me on the 10/05/2016 but last payment was back in 2008 so a very unfair late default.

- - - Updated - - -

Good morning, Stu.

You'd have to be prepared to argue the date on which the cause of action accrued. (ie the date the agreement should have been terminated -v- the date it was actually terminated.

It is not as simple as you may think.....see http://www.legalbeagles.info/forums/...e-Barred-Debts for a discussion.

Also, a 'default' on a CRA file is not proof of default/termination for CCA 1974, it is merely an indication of missed payments.

Thanks Charity I'll take a look at this now.