Tweet
I received a statutory demand from BWlegal in February 2013 that was posted through my door. They said in the letter that they had tried to serve the demand on a few occasions but I was not in so they pushed it through my door.
Based on the advice I read on this forum I decided to try and have it set aside based on the following reasons:
1. The claimant had failed to provide a copy of the original agreement.
2. The claimant had failed to provide copies of any valid default notices.
3. The claimant had failed to serve a Notice of Assignment.
4. The claimant had failed to provide any statements for the duration of the disputed agreement.
I also sent a CPR 31.14 Request to BWLegal, SAR to MBNA and a CCA to The Lowell Group.
I attended court in March and the Judge decided to allow BWlegal a further 28 days to get the paper work together to assist in their case.
The 28 days went by and BWLegal had not provided the court or me with the paper work ( any of the 4 points above). I sent a letter to the court making them aware that BWlegal had failed to comply with the order and requested the matter to be set aside. A week later I got a letter from the court stating that BWLegal had another 7 days to get the paper work over to me or the case would be closed. On the seventh day the paper work arrived with their new witness statement.
They have sent me a copy of an agreement that looks like it could be for anything, it has my name and address on it but I have not signed it and it does not say exactly what it is for. It gives financial info etc. How would I know if this is a genuine agreement and if it’s acceptable?
They have also sent what they say is a Notice of Assignment, I’m not sure if and how I know if this is a true and acceptable Notice of Assignment?
They have send several copies of letters stating that I owe them money and I can get the amount reduced if I make them an offer.
They have sent statements over a 5 year period but a lot are missing, one full years statements are missing and a few months are missing from most of the other years so it’s impossible to see how I have come to owe this exact amount as the expenditure is missing! These is also a lot of interest and late payment charges.
Please can anyone help me as I have to respond with my second witness statement this week. What should I do now?
Many thanks
Based on the advice I read on this forum I decided to try and have it set aside based on the following reasons:
1. The claimant had failed to provide a copy of the original agreement.
2. The claimant had failed to provide copies of any valid default notices.
3. The claimant had failed to serve a Notice of Assignment.
4. The claimant had failed to provide any statements for the duration of the disputed agreement.
I also sent a CPR 31.14 Request to BWLegal, SAR to MBNA and a CCA to The Lowell Group.
I attended court in March and the Judge decided to allow BWlegal a further 28 days to get the paper work together to assist in their case.
The 28 days went by and BWLegal had not provided the court or me with the paper work ( any of the 4 points above). I sent a letter to the court making them aware that BWlegal had failed to comply with the order and requested the matter to be set aside. A week later I got a letter from the court stating that BWLegal had another 7 days to get the paper work over to me or the case would be closed. On the seventh day the paper work arrived with their new witness statement.
They have sent me a copy of an agreement that looks like it could be for anything, it has my name and address on it but I have not signed it and it does not say exactly what it is for. It gives financial info etc. How would I know if this is a genuine agreement and if it’s acceptable?
They have also sent what they say is a Notice of Assignment, I’m not sure if and how I know if this is a true and acceptable Notice of Assignment?
They have send several copies of letters stating that I owe them money and I can get the amount reduced if I make them an offer.
They have sent statements over a 5 year period but a lot are missing, one full years statements are missing and a few months are missing from most of the other years so it’s impossible to see how I have come to owe this exact amount as the expenditure is missing! These is also a lot of interest and late payment charges.
Please can anyone help me as I have to respond with my second witness statement this week. What should I do now?
Many thanks
.to LegalBeagles,,you have definitely found the right place for help. It's a tad early atm so hold on to your hollyhocks,,help will arrive 
)
unless you decided to subscribe. I would strongly recommend subscribing, to be able to access the threads as well as to keep your thread away from lurkers. :spy: :spy: 
Attached Thumbnails 
hoto:
Comment