Letter of Claim from bwlegal

[warwick65]

Re: Letter of Claim from bwlegal

[MENTION=3599]MIKE770[/MENTION]
Is that the one i suggested earlier?

[catrin2468]

Re: Letter of Claim from bwlegal

what is the letter before action please

[MIKE770]

Re: Letter of Claim from bwlegal

Warwicks Item 25 did you send it?

[catrin2468]

Re: Letter of Claim from bwlegal

Is there a template for this letter please

[MIKE770]

Re: Letter of Claim from bwlegal

Warwick has done this for you:- send Recorded Delivery


Copy Paste into word and then put address account numbers etc



Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xxxxxx. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
1.The original Agreement
2.The Default Notice
3.The Notice of Assignment
4.Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
In addition a S78 request was sent to xxxxxx on xxxxxx, (copy enclosed) to date no response has been received
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you will be in post first thing in the morning to BW Legal Thank you MIKE770 and Warwick65 recorded delivery will do that as well

[warwick65]

Re: Letter of Claim from bwlegal

If it helps, that letter and CCA combination kept Lowell at bay for almost a year- to be honest I became complacent and didn't keep on top of it
Mind you considering what they have said since I think they were set on the route they were on, the account was £5K was etting towards SB

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you hopefully it does the trick for abit 18month till SB (debt is £1500) Will let you know what happens next

[warwick65]

Re: Letter of Claim from bwlegal

Thank you hopefully it does the trick for abit 18month till SB (debt is £1500) Will let you know what happens next

Let's hope for a bit more than that, Lowell have been struggling to find any of the correct paperwork for me.

You may want to consider sending a SAR to capital one, especially if you think there is any PPI that could be reclaimed
I have found a small amount of PPI from an old account I had forgotten about, mind you it will barely cover the costs of the SAR

If you don't send a SAR remember should a claim appear it will be beneficial to send one. I realise that on a limited income £10+postage is a lot of money -having been there myself.

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you on limited income £10 is alot but if I can sort this (with alot of help computers and I dont go well !!) I will do it Been searching on here for SAR template (still looking ) also is it £10 postal order and I send that to capital one (what address found afew ) Thank you

[catrin2468]

Re: Letter of Claim from bwlegal

Is this the right address
Subject Access Request
Complaints Resolution
Capital One
PO Box 5281
Nottingham
NG2 3HX

[MIKE770]

Re: Letter of Claim from bwlegal

Dear Sir,

Subject Access Request

name address account number etc:-


I formally request that you forward me a true record of any Data held by your organisation relating to myself for any and all accounts held currently or in the past with your company. This should include, but not be limited to all transaction lists, agreements

1. This request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
2. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.

Enclosed the statutory fee of £10. You have 40 days from receipt of this request in which to return to me the informationrequested , securely and in legible condition.

[catrin2468]

Re: Letter of Claim from bwlegal

Letter of Claim sent to BW Legal recorded and sign for and SAR sent to Capital One with £10 postal order also sent recorded and sign for Thank you Mike770 and warwick65 will update if anything arrives in the post

[catrin2468]

Re: Letter of Claim from bwlegal

Well there is a suprize neither letter showing as signed for both still out on delivery !!!

[warwick65]

Re: Letter of Claim from bwlegal

As you only posted it yesterday, (first class I assume) give it until later on tomorrow.

RM are buggers for not showing signatures on signed for letters especially when they go to PO boxes.

I really wouldn't worry at this point.

If nothing by next week you could phone BW legal to see if they have had a letter from you- of course they will try and engage you in dialogue but you can just say no , I phoned to ask one question, everything else in writing. Hang up on them if you have to.

Are they showing as 'out for deliver' or 'being processed through the system'

My letters to cap 1 and Lowell both said out for delivery even though I know they were delivered