bw legal - set aside app after default judgment

[eljay101]

Hello all I am looking for some advice on how to deal with bw legal? The site is so valuable by the way I just don't feel I am able right at this moment to get around the site quick enough to respond to my situation. I have a "judgement for claimant" (in default) dated 24/06/15 . I believe it is not legal because I am out of the 6yr period and not with the original debtor. I have made no such contract with Lowell portfolio. My question is do I, and have I got time still to dispute this with the court? I have tried ringing the court and I am just getting a message to purchase a £155 pack to dispute anything.


Is that really necessary? Is there a form I can send to them without buying the pack?

yours in anticipation

[Amethyst]

Re: bw legal

Is it an automated message you are getting?

What the case actually is is that you have a judgment by default ( because you didn't receive, or didn't respond to the original court papers) and you now need to apply to ' SET ASIDE' the judgment.

This means an application to the court for a hearing to decide if you have a valid defence.

The cost is £155 - however if you are on a low income or certain benefits you may be exempt from the fee.

I'll just grab a link for you xx

[Amethyst]

Re: bw legal

http://www.legalbeagles.info/forums/...lication-notes - links to the forms there. The N244 is the application and the EX160 is the fee remission.

First though - can you tell us a bit more about the background of the debt and the court claim pls.
You believe it is statute barred ?
When was last payment/contact with the creditor ?
Who is the creditor and what type of debt is it ?
Did you receive the court papers ?

[eljay101]

Re: bw legal

Hello Amethyst. Thankyou x

[eljay101]

Re: bw legal

The debt is a co-op credit card.
I believe it is statute barred because I am out of the 6yr period since last payment.
I have made no payment to Lowell portfolio
The creditor is Lowell portfolio and they are quoting the original creditor/account number/co-op
I have received no court papers

eljay

[FlamingParrot]

Re: bw legal

Hello all I am looking for some advice on how to deal with bw legal? The site is so valuable by the way I just don't feel I am able right at this moment to get around the site quick enough to respond to my situation. I have a "judgement for claimant" (in default) dated 24/06/15 . I believe it is not legal because I am out of the 6yr period and not with the original debtor. I have made no such contract with Lowell portfolio.

You don't need to have a contract with Lowell, they are debt purchasers and would have bought a defaulted account of yours. The six year period runs till they issue a claim.

My question is do I, and have I got time still to dispute this with the court? I have tried ringing the court and I am just getting a message to purchase a £155 pack to dispute anything.

Is that really necessary? Is there a form I can send to them without buying the pack?

yours in anticipation

Yes, the N244 form Amethyst posted above. The £155 is the court fee which includes a hearing. Most set aside applications require a hearing. The EX160 Amethyst mentions tells you about fee remission. Bear in mind if you claim benefits, your award letters are likely to be older than three months and you'd need to get a letter from the DWP for the purpose, they need to be under three months old.

The debt is a co-op credit card.
I believe it is statute barred because I am out of the 6yr period since last payment.
I have made no payment to Lowell portfolio
The creditor is Lowell portfolio and they are quoting the original creditor/account number/co-op
I have received no court papers

eljay

Have you moved in the last few years?

You can apply for set aside on the basis that you didn't receive the claim form and you have a solid defence to the claim, SBd is an absolute defence. :thumb:

Any idea when you last paid that Co-op card?