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

[Stu]

Re: Letter Of Claim BW Legal

Putting together and finalizing my witness statement

quick question the proof of posting/signed for & pictures of postal orders, should these be used as a separate "[EXHIBITS]" or can they be part of an exhibit already

IE
On 13th of May I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974. I also provided at this time a £1 postal order for the statutory purposes [EXHIBIT B]. This was delivered and signed for on the 17th May 2016 [EXHIBIT C]

OR

On 13th of May I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974. I also provided at this time a £1 postal order for the statutory purposes, this was delivered and signed for on the 17th May [EXHIBIT B]

[Stu]

Re: Letter Of Claim BW Legal

????

[charitynjw]

Re: Letter Of Claim BW Legal

I'll give [MENTION=6]Amethyst[/MENTION] a nudge, Stu.

[Stu]

Re: Letter Of Claim BW Legal

Thanks [MENTION=5553]charitynjw[/MENTION]

Not sure if its relevant but better to know this rather than later

[Stu]

Re: Letter Of Claim BW Legal

[MENTION=55034]nemesis45[/MENTION]

Are you able to advise on that question nem #136

Not sure if it's important but would like to be on ball come the date

[nemesis45]

Re: Letter Of Claim BW Legal

@nemesis45

Are you able to advise on that question nem #136

Not sure if it's important but would like to be on ball come the date

Sorry for the delay Stu computer problems.

Each letter etc. should have it's own exhibit number and details.

Either example is ok.

nem

[Stu]

Re: Letter Of Claim BW Legal

Thanks [MENTION=42011]Nem[/MENTION] for clearing that up ...

One other question if I can the pre April 2007 agreement scenario, does this apply only to credit card agreements or would this apply in this case also...??

[charitynjw]

Re: Letter Of Claim BW Legal

Hi [MENTION=69750]Stu[/MENTION]

Far as I'm aware it affects all pre 2007 CCA regulated agreements, yours being a running-account credit agreement.
The original (ie 'as enacted') Consumer Credit Act 1974 would apply, & the bit you need is s127(3)
http://www.legislation.gov.uk/ukpga/...on/127/enacted

I'll give [MENTION=55034]nemesis45[/MENTION] a nudge for you.

[Stu]

Re: Letter Of Claim BW Legal

Thanks [MENTION=5553]charitynjw[/MENTION] it can become a bit bewildering at times this consumer credit act.... and hopefully not to sound thick.. it does count in my case ?

[charitynjw]

Re: Letter Of Claim BW Legal

@Stu

If the agreement was signed before April 2007 it should count.

s127(3) was repealed via the 2006 Act, which came into force April 2007, but it's not retrospective.

[Stu]

Re: Letter Of Claim BW Legal

Apparently 2004.... and the CCA they have supplied to me is merely a blank cca from some time after 2007 and I say 2007 as the phone number in the cca is 0300 as pointed out by amethyst didn't exist until 2007 ...

So was wondering if this should make part of my witness statement

[charitynjw]

Re: Letter Of Claim BW Legal

I would.
You've pointed out in your WS that there are a number of problems with the Claimant's evidence.
You could just add this to the list, but I think I would make it prominent (near the top, say #2 & rejiggle the numbers).
The big difference is that pre April 2007, if no document signed by you, the court cannot rule on the dispute.
After April 2007, the court has discretion.

I'll give [MENTION=55034]nemesis45[/MENTION] a nudge to get further opinion.

[nemesis45]

Re: Letter Of Claim BW Legal

Thanks @Nem for clearing that up ...

One other question if I can the pre April 2007 agreement scenario, does this apply only to credit card agreements or would this apply in this case also...??

Any agreement sign prior to April ( I seem to remember that the changes to CCA'74 came in around the 12th.) were not subject to the amendments meaning that the original agreement is need for enforcement.

nem

[nemesis45]

Re: Letter Of Claim BW Legal

I would.
You've pointed out in your WS that there are a number of problems with the Claimant's evidence.
You could just add this to the list, but I think I would make it prominent (near the top, say #2 & rejiggle the numbers).
The big difference is that pre April 2007, if no document signed by you, the court cannot rule on the dispute.
After April 2007, the court has discretion.

I'll give @nemesis45 a nudge to get further opinion.

Hello stu and charity.

The agreement supplied appears to be a badly thought out attempt to deceive imo.

It most definitely no compliant with the CCA request and has no merit whatsoever.

As charity says get the data into the WS it should blow this claim well out of the water.

Apologies for slow response due to technical difficulties.

nem

[Stu]

Re: Letter Of Claim BW Legal

No worries [MENTION=42011]Nem[/MENTION] it's much appreciated by all I'm sure the work and effort ALL you guys put into this place...

This is what I have in regards the supplied CCA how could I incorporate the pre April 2007

11. The documents supplied to me from BWLegal in response to this case has a number of discrepancies that lead me to conclude that this is not a true copy of the consumer credit agreement 1974 regulated credit agreement and it does not therefore satisfy my requests made on 25th of April and 13th of May.


11. (a). The apparent CCA is signed on behalf of shop direct in 2004 but Shop Direct did not become part of littlewoods until 2005.


11. (b) Late payment charges show £12 in the consumer credit agreement provided but the £12 charge was not implemented until 2006 from the office of fair trading before hand and in 2004 it would have been £25.


11. (c) PayPoint charge in the Statement of account shows 35p charge but in the CCA it states £1 would the charge be.


11. (d) In the consumer credit agreement it shows a telephone number of 0344 822 800 but numbers starting "03" did not begin until 2007.


11. (e) Last payment from the statement of account shows 23.7.2008 but was not defaulted until 26.7.2010 3 days short of 2 years after the cause of action making this debt Statute Barred.


11. (f) The consumer credit agreement does not relate to myself in any way it does not have my name, address nor my signature on it at any point and is merely blank copy.