BW Legal/British Credit Trust CCJ

[staceyd88]

Im after a little advice please...

I purchased a car on finance through British Credit Trust back in June 2007 for roughly £5000. A lot of problems occurred around December 2008 (can't be exact) and stupidly I stopped making payments. The car was repossesed back in November 2009. I received letters from British Credit Trust demanding payment but I ignored them. They then went into liquidation. Since moving from my parents house I hadn't received any other letters until last week.
I have received a Judgement for Claimant from the court demanding £180 a month. I have contacted BW Legal who have obviously bought the debt and they advised me that the last credit to the account was December 2009 for £1600. This is from when the car had gone to auction. I explained to them I thought it was Statute Barred and was showing as settled on my credit file but they are stating because there was a credit (even though it wasnt from me) it isn't statute barred. Is this correct?
I am new to all this and just need a little advice.

Many thanks

[nemesis45]

Re: BW Legal/British Credit Trust CCJ

Hi welcome to LB,

Well you have learnt the newbies first lesson, never phone a debt collection agency.
Was this on a hire purchase agreement? The start of the Limitation Act 1980 6 year.
period I now acknowledge as the default date since an Appeal Court Decision (14) in
BMW Finance - v - Hart, you need to know the default date

The auction money was nothing to do with you and was never in your control and you had no benefit from it, I believe Lowell are wrong in that part.

What must be established had 6 clear years elapsed fro m the default date BEFORE the claim was issued.

BTW I don't think BW buy debts they act on behalf of Debt Collectors/ Debt Purchasers e.g. The Lowell Group.

nem

[staceyd88]

Re: BW Legal/British Credit Trust CCJ

Hi,
Thanks for you reply. If that is the case then I am liable for the debt, as the default date was 13/10/2009. When I checked my credit file this afternoon, British Credit Trust are showing a zero balance and settled and I have no other Lowell (original DC) account which equates to that debt.
I'm just completely confused with which step to take next.

Thanks so much for your help

[nemesis45]

Re: BW Legal/British Credit Trust CCJ

Did you receive a claim pack from Northampton County Court Business Centre?
Would you have a defence to the original claim?
Lowell have purchased the debt,
nem