Lowells/BW Legal & CCA

[Ryker]

Is it best not to send a CCA to Lowells or BW Legal and wait until they turn up in court without any proof of the debt.

Or, should I ask for every sinle piece of data that they (Allegedly) have.
or would this give them an excuse to demand more time?

Thanks,

Ryker

[R0b]

Re: Lowells/BW Legal & CCA

As I understand it, you send a CCA request the debt becomes unenforceable until it is provided or a reconstituted one of not provided within X working days. Equally if you go to court and they provide no documentation to prove the alleged amount is owed or any evidence which could hurt you then the claim will be dismissed.

If you go the CCA request route the claim might be stayed which of course will give them a longer time to source the agreement. At this point you would be wise to consider an application for strike out as they have submitted a claim without any evidence to back it up. If you don't then you could be caught out in the future if they eventually are able to provide the CCA and you missed your window of opportunity to have it struck out and the stayed claim is then lifted.

I'll tag [MENTION=55034]nemesis45[/MENTION] as he's more up to date on this stuff

[nemesis45]

Re: Lowells/BW Legal & CCA

As I understand it, you send a CCA request the debt becomes unenforceable until it is provided or a reconstituted one of not provided within X working days. Equally if you go to court and they provide no documentation to prove the alleged amount is owed or any evidence which could hurt you then the claim will be dismissed.

If you go the CCA request route the claim might be stayed which of course will give them a longer time to source the agreement. At this point you would be wise to consider an application for strike out as they have submitted a claim without any evidence to back it up. If you don't then you could be caught out in the future if they eventually are able to provide the CCA and you missed your window of opportunity to have it struck out and the stayed claim is then lifted.

I'll tag @nemesis45 as he's more up to date on this stuff

Thank's [MENTION=23709]rob[/MENTION]

CCA request should be on of the first things you do when you receive a claim , in your case Ryker it goes to Lowell as the claimant.

Lowell has 12 + 2 Working Days to comply if they fail so to do the debt is rendered unenforceable Until the agreement or a compliant reconstituted agreement is supplied.. the request is Specific only the agreement + a current statement of the account can be request.

A request made under the provisions of Civil Procedure Rule 31 . 14 is again Specific Only Documents Mentioned in the Particulars of Claim can be requested, This rule applies to a Small Claim is allocated to the SCT.

nem

[Ryker]

Re: Lowells/BW Legal & CCA

Hi Guys,

Thanks for the info.
I've been running around all last week to try to get specific information on what action to take without slipping up.

Is it best to send a CCA that is short or should I request every single piece of information related to the alleged claim? Is it better to appear vague?

Also, as I wish to speak for my wife, would I become associated with my wif'e debt?

I have had no bank account or credit contracts of any kind for ten years. (Cash only and PAYG!)

My domain & email have lapsed but will check the forum again soon


Thanks,

Ryker

[nemesis45]

Re: Lowells/BW Legal & CCA

Hi Guys,

Thanks for the info.
I've been running around all last week to try to get specific information on what action to take without slipping up.

Is it best to send a CCA that is short or should I request every single piece of information related to the alleged claim? Is it better to appear vague?

Also, as I wish to speak for my wife, would I become associated with my wif'e debt?

I have had no bank account or credit contracts of any kind for ten years. (Cash only and PAYG!)

My domain & email have lapsed but will check the forum again soon


Thanks,

Ryker

Hi,

A CCA request is specifically for the agreement and a current statement of the account nothing else can be requested.

To get all the other data you would have to make a Subject Access Request under the provisions of the Data Protection Act 1998 to the original creditor, there is a £10.00 fee but the problem is that there is a 40 day timescale for compliance.

nem
You cannot represent your wife in court, but you can accompany her as a Mackenzie friend meaning that you can take notes, give pointers but you cannot address the court on her behalf.

[Ryker]

Re: Lowells/BW Legal & CCA

Thanks, Nem.

I did know about the Mckenzie friend deal but the stateof my wife's health means that she cannot deal with stressful situations as it causes extreme physical pain.

I understand that under some circumstances I could speak for my wife if backed up by a medical report.
Thanks,

Ry

[nemesis45]

Re: Lowells/BW Legal & CCA

Thanks, Nem.

I did know about the Mckenzie friend deal but the stateof my wife's health means that she cannot deal with stressful situations as it causes extreme physical pain.

I understand that under some circumstances I could speak for my wife if backed up by a medical report.
Thanks,

Ry

It would be up to judge to decide on representation Ry.


nem

[Ryker]

Re: Lowells/BW Legal & CCA

Thanks again, Nem.
I'm still looking to see if I could find any Pro Pono lawyers in our area as our finances are limited to minimal benefits only.

But I've tried over half-a-dozen solicitors and they are either only ambulance-chasers or want about £70 for an initial interview!

Thanks for now,

Ry

[nemesis45]

Re: Lowells/BW Legal & CCA

Thanks again, Nem.
I'm still looking to see if I could find any Pro Pono lawyers in our area as our finances are limited to minimal benefits only.

But I've tried over half-a-dozen solicitors and they are either only ambulance-chasers or want about £70 for an initial interview!



Thanks for now,

Ry

Have you looked on LB Compare?

nem

[Amethyst]

Re: Lowells/BW Legal & CCA

There are a few who do first half hour free still, although a little few and far between at the moment, I'll have a look once we know a bit more about the claim. How much is the claim against your wife for ? If it is over £10k then you may be able to get some help from a solicitor on a CFA basis. Also, where abouts are you in the court process - have you submitted a defence ?

[Ryker]

Re: Lowells/BW Legal & CCA

There are a few who do first half hour free still, although a little few and far between at the moment, I'll have a look once we know a bit more about the claim. How much is the claim against your wife for ? If it is over £10k then you may be able to get some help from a solicitor on a CFA basis. Also, where abouts are you in the court process - have you submitted a defence ?

They are claiming just under £2k, about £350 of that is charges & Interest!

A defence has been submitted and The CCA to Lowells was received by them today.


My wife received a ‘Statement of Account’ from BW legal this morning!

Statement date-01 June 2016

Letter dated 02 June

Headed: LOWELL ACCOUNT
(currently managed by BW Legal)

My wife does not now or has ever had an account with either Lowlifes or BWL.

She has not entered into any agreement or signed anything to say that she has.

Lowlifes may have bought the alleged debt but unless and until they can provide any proof to back up their claim I shall notify them that any further contact from them that does not comply with the CCA request or Laws and regulations will be harassment.

BW have sent letters EVERY week in an attempt to force the issue and I copy everything which will then be shown at court.

If they continue to force the issue before the Courts make any judgment, I will issue a counter claim against them.

Royal Mail shows proof of delivery of my CCA letter today!

I found a local solicitor that has a 'drop-in' session on Wednesday aand another firm who may give free initial advice. I just need specific answers to a few questions as My memory and health are poor but not as bad as my wife's Health.

Thanks,

Ry