bw legal group on behalf of lowell

[yoponcek]

Hi all
I got a county court claim letter from BW legal last week in reference to a debt owed to HBOS. I contacted bw legal as i have no correspondence from them nor no signed contract. On speaking to " Ben Cupliss " a really rude , threatening representative . This guy advised that i must sign the claim form and send it back otherwise i will have a CCJ . I tried to explain i wanted a copy of the contract and acknowledgement of payment to which he refused point blank!!! I am also disputing the amount on the claim form as Lowell have a completly different amount!!!! I spoke to a wonderful lady cslled Kate today.

[FlamingParrot]

Re: bw legal group on behalf of lowell

Hi and welcome to LB

Hi all
I got a county court claim letter from BW legal last week in reference to a debt owed to HBOS. I contacted bw legal as i have no correspondence from them nor no signed contract. On speaking to " Ben Cupliss " a really rude , threatening representative . This guy advised that i must sign the claim form and send it back otherwise i will have a CCJ .

You have 14 days from date of service to acknowledge the claim, which can usually be done online if the claim was issued online. When a claim is submitted through the Northampton Bulk Centre, they don't have to attach the documents they intend to rely on to the claim. If you state your intention to defend in full when you acknowledge, you have a further 14 days to prepare your defence. :thumb:

I tried to explain i wanted a copy of the contract and acknowledgement of payment to which he refused point blank!!! I am also disputing the amount on the claim form as Lowell have a completly different amount!!!! I spoke to a wonderful lady cslled Kate today.

You'd normally request the documents sending a CCA request and a request under CPR 31.14, however, if you have spoken to Kate, then follow her advice. :yo:

[yoponcek]

Re: bw legal group on behalf of lowell

Thanks Flamingparrot could you point me in the right direction for the templates for the cpr 31.14 an cpr 15.5 are
Many Thanks

[FlamingParrot]

Re: bw legal group on behalf of lowell

Thanks Flamingparrot could you point me in the right direction for the templates for the cpr 31.14 an cpr 15.5 are
Many Thanks

The letters are for a CCA request under s.77/79 of the Consumer Credit Act and a request for documents on the particulars of claim under CPR 31.14. CPR 15.5 refers to both parties agreeing to an extension, usually requested when the claimant fails to respond to the CPR 31.14 request in a timely manner.

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Below is the CCA request to be sent by recorded delivery to Lowell with a PO for £1. Send a copy to BW LEgal without the fee. They should respond in 14 days.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

---

[FlamingParrot]

Re: bw legal group on behalf of lowell

Below is the usual CPR 31.14 letter (you may have to amend it to suit whatever's mentioned on your particulars of claim). Send this one to BW Legal by recorded delivery. :thumb:

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully