Letter of Claim from bwlegal

[charitynjw]

Re: Letter of Claim from bwlegal

I'm not quite sure now if your call to bw may have acknowledged the debt.. Personally I don't think it has but the big hitters of the forum will be around soon and better advise on that...

Acknowledgement must be in writing.
http://www.legislation.gov.uk/ukpga/1980/58/section/30

(From a little hitter, lol)

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you that's a big plus point will run everything through this site before I do anything again thank you

[Stu]

Re: Letter of Claim from bwlegal

Acknowledgement must be in writing.
http://www.legislation.gov.uk/ukpga/1980/58/section/30

(From a little hitter, lol)

Thanks for clearing that up [MENTION=5553]charitynjw[/MENTION]

[catrin2468]

Re: Letter of Claim from bwlegal

Copy letter to BW Legal has arrived and been signed for letter to Lowell (containing the CCA ) has not arrived yet

[catrin2468]

Re: Letter of Claim from bwlegal

CCA letter to Lowell still not be delivered Royal Mail say they aim for next day delivery but signed for isn't guaranteed do I send another or sit and wait ??

[MIKE770]

Re: Letter of Claim from bwlegal

assume it is delivered this is another royal mail misnamena,m happens a lot , treat as delivered and stick to time scales, you have copy of Recored Delivery slip attach to copy letters etc

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you MIKE770 I will now wait and see what if anything comes through the post 12 days from now If anything appears I will post and here for help and if nothing comes will come back on for more advice Thank you for your help !! and yes do have recorded delivery slips

[MIKE770]

Re: Letter of Claim from bwlegal

12+2 = 14 days - no doubt they will write and say obtaining fron originators

[catrin2468]

Re: Letter of Claim from bwlegal

2 letters in post this morning both dated 18/04/17 First one saying account on 30day hold while they talk to client Second one account on 30day hold for me to send them proof of my health(Told them when I spoke to them on13/04/17 that I was full time carer for my son Did this before I came on here ) Nothing from either Lowell or BW Legal about CCA (the 12+2Days up on 2nd May ) Just keeping you updated Mike770 to what has arrived so far Thank You for the help

[warwick65]

Re: Letter of Claim from bwlegal

There is another letter you can send to BW legal which is this

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.

Just to check
Who did you send the CCA request to?

[catrin2468]

Re: Letter of Claim from bwlegal

Sent CCA to Lowell recorded delivery and a copy to BW Legal also recorded delivery I panicked when Letter arrived and phoned BW Legal they thought I was married a home owner and worked none of them apply to me( I am a full time carer for my disabled son) Lady on phone said needed to put account on hold to talk to Lowell CCA was sent on 18th april waiting to see what happens next

[catrin2468]

Re: Letter of Claim from bwlegal

So as of today no reply from Lowell or B W Legal with regards to the CCA sent on the 18th of April (BW Legal signed for letter but Lowell didnt) Have I got the 12+2 days correct and if so what do I do next as BW Legal put my account on hold till 13 May Thank you for reading

[warwick65]

Re: Letter of Claim from bwlegal

First question and just to check

Have you had an actual claim- I can't see anything but just checking. If not then really not much you can do. I would think about chasing up the POD on the CCA request to Lowell , the post office are rubbish at some things

If you have had a claim- carry on with the court timetable, do not believe it is on hold. BW legal do not have that power.

For your CCA request it is 12+2 working days not calendar days so they have a bit more time yet, mind you there is little you can do if they don't cough up. I suspect you will have a letter of Lowell in the next week or so even if its just to say they are looking for the agreement.


Try not to worry - easy to say i know

[catrin2468]

Re: Letter of Claim from bwlegal

Thank you for the reply No court claim as of yet Just the letter of claim Thank you for explaining that it is working days wasnt sure Will sit tight then and will post if anything comes through the post Thank you !!!

[MIKE770]

Re: Letter of Claim from bwlegal

letter of claim is the 1st steps to possible issuing court proceedings, might be an idea to send a Letter before action pretty quick?