Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

[Amethyst]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

3. They will continue to hold any further action until the relevant documentation has been received from Lowell.

Thats the bit you want.

Just realised you said this was for the 3rd debt, is this one that they haven't bought a stat demand against you for? Ah yes...

The outstanding balance on loan is £1670(debt 1), £2493(debt 2) on credit card. I also have the original credit card for over 8K(debt 3)

and you sent CCA requests on all of them or just the £8k one?

Do you know when you last made payments to any of these debts approx ?

Also have you heard anything back from them at all regarding the statutory demand since sending back the denial slips?

[thomsonl5400]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

Hi,

Thanks for your response.

The 3 points above are in the letter received from BW Legal for debt 1 and 2 (which Lowell have clubbed together) and were the 3 main points in the letter, for which I received the SD . It was in this letter that they say, "They will continue to hold any further action until the relevant documentation has been received from Lowell. We advise no further action will be taken in respect of the SD since the date of my last letter as they are waiting on the relevant documentation for their client". They also acknowledge that after sending Failed CCA letter this is now a formal complaint. Every letter sent to BW Legal a copy has also been sent to Lowell.

With the 3rd debt I took the initiative before they sent an SD and sent the CCA letter on 4th April and Lowell have sent back a letter on 9th April also stating they will sent the documentation when they receive it from the original creditor, and will advise me if it was going to take longer than the 12+2 days. needless to say I have not received any further correspondence from them and sent the failed CCA request on 1st May which was received by them. Still waiting on any correspondence with regards to this.

I cannot remember when I last made payments to any of the debts but at least 4 years, probably 5 for all of them. My credit file shows the original debts which I had to stop paying at the same time were last noted in September 2009 by the bank.

Hope I have covered all the points you have asked me to clarify.

Thanks

[Amethyst]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

Okay, so you could be pushing towards statute barring on alll three.

That is good as a Statutory Demand does not reset the time barring clock like a court claim does. If you defaulted in September 09 then potentially you could have your time barred date from a month or two before then (the point when they COULD have defaulted the account), so it is tight being maybe July 2014?, and good they have agreed to hold off for production of the documents - it was a good move to send the CCA on all three

I haven't seen much evidence of Lowell taking people to court in scotland, just these Statutory Demands.

[thomsonl5400]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

Thanks for your quick reply,

Will this stay on my credit file for another three years for Lowell as I never mentioned that they have now noted the debt on my credit file from 2011 under Lowell or if they don't come up with the required documentation is there anything I can do to have this removed ?

Thanks

[Amethyst]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

Thanks for your quick reply,

Will this stay on my credit file for another three years for Lowell as I never mentioned that they have now noted the debt on my credit file from 2011 under Lowell or if they don't come up with the required documentation is there anything I can do to have this removed ?

Thanks

We're currently trying to get some definitive answer from the ICO and Experian regarding this double default situation. At the moment their position seems to be if a new owner of a debt acquires it after the debt has fallen off a credit file, and starts chasing payment and it isn't successsful they can report a new default on the same ddebt. Completely wrong in my opinion.

[thomsonl5400]

Re: Walker Love/ BW Legal trying to serve legal doc's HELP !!!!

Hi,

This might be a silly question but if they cannot produce any documentation can they then sell the debt on to someone else and the whole process starts again ?

Or can I wait until the original debts becomes Statute barred in Sept 2014 and then send Lowell a Statute barred letter or is it to late to do that as Lowell started chasing debt before it became SB'd

Thanks.