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Missing County Court Claim documents/B W Legal/ Lowell- please help!
Hi everyone,
I'm really hoping somebody can help me with this mystery please.
I have been given a County Court Judgement on a debt claimed by B W Legal on behalf of Lowell Portfolio 1 Ltd, despite never having received a Claim Pack from the County Court Business Centre (CCBC), nor any other prior communication of any kind from the CCBC.
I have been receiving letters threatening legal action from a company called B W Legal on behalf of Lowell debt collectors for some time. Due to a very painful and debilitating kidney condition, I am on strong opioid painkillers as well as a list of 15 other medications for other illnesses. I am in bed all day and struggle to think clearly, and am ashamed to say I let the debt matter get out of hand. However, for the past few months my parents have been helping me to deal with this debt. I had kept unopened correspondence from Lowell and B W Legal, which they opened and sorted into order for me, and since this have been opening this mail.
The original debt was with Very catalogue under Shop Direct and the sum B W claimed was grossly above and beyond anything I had estimated. My parents and I were talking about whether it was best to pay B W Legal the full sum to settle the debt or to pay a monthly instalment as I am on the sickness benefit Employment and Support Allowance.
Then on September 13th, 2016, I received a letter from B W Legal headed:"Notice of County Court Claim Issued". In it, they state that they (B W Legal) have issued a County Court Claim, which I would shortly receive directly from Northampton County Court (County Court Bulk Centre). It also stated a County Court Judgement (CCJ) would be entered against me if I did not reply.
Time went on and I was expecting to receive something from the County Court, but nothing. Not being familiar with such matters, we began to assume the B W Legal letter was in fact the County Court Claim as I had received no communication at all from the court.
I was getting increasingly worried and contacted the CCBC via email with the reference numbers supplied on the letter from B W Legal, with a view to finding out what was going on, but they could not help as none of the reference numbers on the B W Legal letter were a reference number from the CCBC, they provided me examples of their claim reference numbers which were nothing like the ones B W Legal supplied.
Sorry, this is so long-winded and complicated. Anyway, as the stress mounted we researched Lowell and B W Legal online and found they were not above underhanded tactics, and since we had heard nothing from the courts, we wondered if the letter they sent stating they had lodged the claim with CCBC in Northampton was a threatening tactic, when in fact the claim had not been lodged at all. And since I had no valid court reference number, I couldn't find out anything from the CCBC.
Then I FINALLY received a letter from Northampton County Court Business Centre on Friday (October 14th). The FIRST and only letter from CCBC - headed: Judgement for Claimant (in default), ordering me to pay £424.44 for the debt and interest to date of judgement, and £107 for costs. The first line of the letter is "You have not replied to the claim form".
Here's where I'm holding back my fingers from the expletives - I NEVER RECEIVED ANYTHING FROM NORTHAMPTON COUNTY COURT BUSINESS CENTRE - NOTHING! Not a claim form, nothing at all.
After researching this I found that some unscrupulous debt collectors were providing the courts with debtors previous addresses with which to send out the claim packs so the sums claimed could not be argued and reduced. As I mentioned, I have a tiny income from my sickness benefit, live with my parents and have no assets. Plus I intended to argue the sum and contact Very (Shop Direct Finance) to obtain the real world actual sum owed, my last bill showed a grand total of £46.
Having worried all weekend, I called Northampton County Court Business Centre today (Monday, October 17th). Having now obtained the fabled reference number from their letter I explained my situation. I then asked if I should have received a Claim form first, to which I was told it had been sent out (news to me). So I asked to which address, thinking maybe B W Legal had supplied my old address to the court to ensure I couldn't respond to the Claim form. However, the lady on the phone said "the address you said earlier" - my correct address, so I repeated it and she said it was correct and that the Claim form was sent to me in September. I also enquired whether it was sent via "signed for" and she stated it was sent Second Class. We know our postman and he's always 100% reliable, plus we never have any other mail go astray.
During the telephone conversation with the CCBC staff member, I explained I hadn't received anything from the court prior to the Judgement letter, and that I am on sickness benefits and she said she would send me some forms via email about asking for reduced payments, which is great, but I feel cheated of my chance to respond to the claim in the first place.
I may be fuzzy-headed and a bit decrepit, but one thing I am NOT is a liar. I promise I have never received these mysterious Claim forms from the court and I'm so upset that I didn't get the chance to put my side of the story. My Dad had also suggested that we try and get the case heard in our local court so I could explain my situation, but we were denied that too.
Please, please tell me if there's any way I can take the process back to the stage where I get a Claim form and can put my side of the story?
I can't believe that a court sends out such vital documents Second Class and not Recorded Delivery or Signed for. Where on earth did my Claim form go? Can I get the court to prove it was definitely sent?
I feel like I'm going crazy and this stress is making my pain so much worse.
I would be extremely grateful if anyone can tell me if I can still put my case forward and try to reduce the extortionate sum?
Thank you!
Confusedcanine
aw:
I'm really hoping somebody can help me with this mystery please.
I have been given a County Court Judgement on a debt claimed by B W Legal on behalf of Lowell Portfolio 1 Ltd, despite never having received a Claim Pack from the County Court Business Centre (CCBC), nor any other prior communication of any kind from the CCBC.
I have been receiving letters threatening legal action from a company called B W Legal on behalf of Lowell debt collectors for some time. Due to a very painful and debilitating kidney condition, I am on strong opioid painkillers as well as a list of 15 other medications for other illnesses. I am in bed all day and struggle to think clearly, and am ashamed to say I let the debt matter get out of hand. However, for the past few months my parents have been helping me to deal with this debt. I had kept unopened correspondence from Lowell and B W Legal, which they opened and sorted into order for me, and since this have been opening this mail.
The original debt was with Very catalogue under Shop Direct and the sum B W claimed was grossly above and beyond anything I had estimated. My parents and I were talking about whether it was best to pay B W Legal the full sum to settle the debt or to pay a monthly instalment as I am on the sickness benefit Employment and Support Allowance.
Then on September 13th, 2016, I received a letter from B W Legal headed:"Notice of County Court Claim Issued". In it, they state that they (B W Legal) have issued a County Court Claim, which I would shortly receive directly from Northampton County Court (County Court Bulk Centre). It also stated a County Court Judgement (CCJ) would be entered against me if I did not reply.
Time went on and I was expecting to receive something from the County Court, but nothing. Not being familiar with such matters, we began to assume the B W Legal letter was in fact the County Court Claim as I had received no communication at all from the court.
I was getting increasingly worried and contacted the CCBC via email with the reference numbers supplied on the letter from B W Legal, with a view to finding out what was going on, but they could not help as none of the reference numbers on the B W Legal letter were a reference number from the CCBC, they provided me examples of their claim reference numbers which were nothing like the ones B W Legal supplied.
Sorry, this is so long-winded and complicated. Anyway, as the stress mounted we researched Lowell and B W Legal online and found they were not above underhanded tactics, and since we had heard nothing from the courts, we wondered if the letter they sent stating they had lodged the claim with CCBC in Northampton was a threatening tactic, when in fact the claim had not been lodged at all. And since I had no valid court reference number, I couldn't find out anything from the CCBC.
Then I FINALLY received a letter from Northampton County Court Business Centre on Friday (October 14th). The FIRST and only letter from CCBC - headed: Judgement for Claimant (in default), ordering me to pay £424.44 for the debt and interest to date of judgement, and £107 for costs. The first line of the letter is "You have not replied to the claim form".
Here's where I'm holding back my fingers from the expletives - I NEVER RECEIVED ANYTHING FROM NORTHAMPTON COUNTY COURT BUSINESS CENTRE - NOTHING! Not a claim form, nothing at all.
After researching this I found that some unscrupulous debt collectors were providing the courts with debtors previous addresses with which to send out the claim packs so the sums claimed could not be argued and reduced. As I mentioned, I have a tiny income from my sickness benefit, live with my parents and have no assets. Plus I intended to argue the sum and contact Very (Shop Direct Finance) to obtain the real world actual sum owed, my last bill showed a grand total of £46.
Having worried all weekend, I called Northampton County Court Business Centre today (Monday, October 17th). Having now obtained the fabled reference number from their letter I explained my situation. I then asked if I should have received a Claim form first, to which I was told it had been sent out (news to me). So I asked to which address, thinking maybe B W Legal had supplied my old address to the court to ensure I couldn't respond to the Claim form. However, the lady on the phone said "the address you said earlier" - my correct address, so I repeated it and she said it was correct and that the Claim form was sent to me in September. I also enquired whether it was sent via "signed for" and she stated it was sent Second Class. We know our postman and he's always 100% reliable, plus we never have any other mail go astray.
During the telephone conversation with the CCBC staff member, I explained I hadn't received anything from the court prior to the Judgement letter, and that I am on sickness benefits and she said she would send me some forms via email about asking for reduced payments, which is great, but I feel cheated of my chance to respond to the claim in the first place.
I may be fuzzy-headed and a bit decrepit, but one thing I am NOT is a liar. I promise I have never received these mysterious Claim forms from the court and I'm so upset that I didn't get the chance to put my side of the story. My Dad had also suggested that we try and get the case heard in our local court so I could explain my situation, but we were denied that too.
Please, please tell me if there's any way I can take the process back to the stage where I get a Claim form and can put my side of the story?
I can't believe that a court sends out such vital documents Second Class and not Recorded Delivery or Signed for. Where on earth did my Claim form go? Can I get the court to prove it was definitely sent?
I feel like I'm going crazy and this stress is making my pain so much worse.
I would be extremely grateful if anyone can tell me if I can still put my case forward and try to reduce the extortionate sum?
Thank you!
Confusedcanine
aw:
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