Please can I have some advice.

[charliemonkeyface]

Sorry if I've posted this in the wrong place.

A week before Christmas I received a Notice of Claim for court proceedings from bw legal for debt of £1,429.36
I replied with a CCA and today almost 5 months later to the day they have produced a signed copy which looks true and legit.


It is not signed in anyway or dated by the creditors though, does that matter.


This debt is not statue barred and I have until 4pm on the 29th of this month to reply or they state they intend to proceed with court action. They have attached an income and expenditure form.


I'm not married but my partner works full time. We do not have joint accounts. I am unemployed and the only income in my name is child benefit for our 2 sons. I am not on the tenancy agreement of our home and I have no assets.
The only bills in my name are a mobile phone and a sky bill bill but both are payed by her each month with direct debits from her account.


My total debts that I have are less than £5000.


Is my best and only real option a DRO.


If you have taken the time to read through my post thank you.

- - - Updated - - -

I forgot to add all my debts are before 6th April 2007

[FlamingParrot]

Re: Please can I have some advice.

Sorry if I've posted this in the wrong place.

A week before Christmas I received a Notice of Claim for court proceedings from bw legal for debt of £1,429.36

Welcome aboard

I assume this was a letter of claim and not an actual claim from the court.

I replied with a CCA and today almost 5 months later to the day they have produced a signed copy which looks true and legit.

It is not signed in anyway or dated by the creditors though, does that matter.

Is there any chance you could remove your personal details and post up the document?

This debt is not statue barred and I have until 4pm on the 29th of this month to reply or they state they intend to proceed with court action. They have attached an income and expenditure form.

I'm not married but my partner works full time. We do not have joint accounts. I am unemployed and the only income in my name is child benefit for our 2 sons. I am not on the tenancy agreement of our home and I have no assets.
The only bills in my name are a mobile phone and a sky bill bill but both are payed by her each month with direct debits from her account.

My total debts that I have are less than £5000.

Is my best and only real option a DRO.

A DRO is a form of insolvency and probably not worth going down that route just for the sake of £1.5k which is the amount of this debt. We'd need more information both about this particular debt as well as your other debts to be able to comment further. :typing:

I forgot to add all my debts are before 6th April 2007

That's good news because at least some of them may be unenforceable, however, we need to know more about each one of them, including the one you mention above:

• Type of debt and original lender (i.e. RBS credit card or Santander loan)
• Current owner (i.e. Lowell, Arrow, 1st Credit, etc.)
• Approx date you took out the card or loan
• How you applied, i.e. online, over the phone, in branch, etc.
• Approx amount outstanding
• Approx default date and last payment date
• Have you sent CCA requests in the past? If so, what did you get back?
• Was there PPI?
• Any further details regarding the account, letters you've sent and receive, etc.

[charliemonkeyface]

Re: Please can I have some advice.

Thank you for taking the time to read through and reply.

I will attempt to add a photo of the letters but it may take me a little time as I need to collect the kids from school shortly and it may take me some time to work out how.

I have received no letters from the courts only bw legal.
All my debts are credit card debts this 1 to Aqua and another to vanquis for £12000 and Cap 1 for £400

i checked my experian credit file in Jan this year and this debt was not listed there.

I signed this credit agreement October 2006 and the the last payment I made was in 2010 maybe 2011

i applied on a paper application form and there is no ppi

The credit amount was £850 everything over that amount are default charges.

bw legal are acting on the behalf of Lowell and this was the first time I requested the CCA

Does the fact the lender has not signed and dated the agreement give me any leverage.

[charliemonkeyface]

Re: Please can I have some advice.

Hopefully this link will take you to CCA pics. Apologies if it does not work.



- - - Updated - - -

https://picasaweb.google.com/1133379...494/June242015

[FlamingParrot]

Re: Please can I have some advice.

I have received no letters from the courts only bw legal.
All my debts are credit card debts this 1 to Aqua and another to vanquis for £12000 and Cap 1 for £400

I never knew Vanquis cards to have such high credit limits but they do have high interest rates, how much was the actual credit limit?

i checked my experian credit file in Jan this year and this debt was not listed there.

I signed this credit agreement October 2006 and the the last payment I made was in 2010 maybe 2011

If you defaulted in 2008 or early 2009 it's probably dropped off, however, not SBd if payments made in 2010/2011.

i applied on a paper application form and there is no ppi

The credit amount was £850 everything over that amount are default charges.

bw legal are acting on the behalf of Lowell and this was the first time I requested the CCA

Does the fact the lender has not signed and dated the agreement give me any leverage.

Sadly this isn't the case, you won't find many agreements signed and dated by the lender.

Hopefully this link will take you to CCA pics. Apologies if it does not work.

https://picasaweb.google.com/1133379...494/June242015

It does work and, from what I can see, the terms appear to be there. Only you can establish whether they are the relevant terms to your account, for example, if you actually got charged according to what those terms state.

To me they look like they could well be the terms that belong with that form, the two column layout matches the layout of the form and I think there is a little 01/06 on the pages somewhere.

[charliemonkeyface]

Re: Please can I have some advice.

Thank you for taking the time to look through them.

If I'm honest my life was a complete mess back then and I cant remember the credit limit. It was not high though.
The credit limit on this debt was £850 the extra £600 is their added charges.

What are my options. Do you believe they are bluffing when talking of court action.

[FlamingParrot]

Re: Please can I have some advice.

Thank you for taking the time to look through them.

If I'm honest my life was a complete mess back then and I cant remember the credit limit. It was not high though.
The credit limit on this debt was £850 the extra £600 is their added charges.

So how did it get up to £12,000 as noted above? How long ago did you take out the card and when did you default on it? The only way I can think of is if they'd been adding interest all along since, say, 2000! That happened to someone who defaulted on a loan and was paying through a DMP, they were supposed to have frozen interest but never did, and 12 years later they owed £24k :scared:

What are my options. Do you believe they are bluffing when talking of court action.

I can't tell you that since they often do take court action, but not always. From what I've seen, it looks like it may be enforceable as all the terms appear to be there. If they were to issue a claim you'd also be asking for the notice of assignment and the default notice. Any idea whether you received one of them?

Are you being pursued for your other debts or is this the only one? What about the £12k credit card? Are the chasing that one?

[charliemonkeyface]

Re: Please can I have some advice.

Sorry my apologies. The other card is 1200 not 12000
I should have proof read more carefully.

I cant recall any default notice or notice of assignment.

Should i I send a SAR as I cannot enter any realistic repayment plan as I have no income to call my own and can easily prove this. All I receive is child benefit.

Im not being chased for any other debts.

[FlamingParrot]

Re: Please can I have some advice.

Sorry my apologies. The other card is 1200 not 12000 I should have proof read more carefully.

That makes a huge difference, I was wondering how a Vanquis card could have grown out of all proportion.

I cant recall any default notice or notice of assignment.

Should i I send a SAR as I cannot enter any realistic repayment plan as I have no income to call my own and can easily prove this. All I receive is child benefit.

What would you hope to find out from a SAR?

You can either try to ignore them and/or 'blag it' for another year or so (did you say you last paid in 2010) until it's SBd or just write to them saying you have no income, maybe offering £1 tokens if you can, however, bear in mind that doing this would constitute acknowledgment of the debt and reset the clock for the purposes of SBd. :scared:

Im not being chased for any other debts.

In that case, I'd let them lie while the clock ticks.

[charliemonkeyface]

Re: Please can I have some advice.

If I ignore it and they take me to court what is the likely outcome. I cannot pay them what I don't have but I also have a partner a and 2 young children and I do want want it to have a direct affect on them.

Thats is why I thought a DRO was my best option.

[charliemonkeyface]

Re: Please can I have some advice.

That makes a huge difference, I was wondering how a Vanquis card could have grown out of all proportion.


What would you hope to find out from a SAR?

You can either try to ignore them and/or 'blag it' for another year or so (did you say you last paid in 2010) until it's SBd or just write to them saying you have no income, maybe offering £1 tokens if you can, however, bear in mind that doing this would constitute acknowledgment of the debt and reset the clock for the purposes of SBd. :scared:


In that case, I'd let them lie while the clock ticks.

Do you know if it would be possible to start the application for a DRO if they bring a court claim against me. Or would I have to start the application before I receive a court claim.
Thank you.

[FlamingParrot]

Re: Please can I have some advice.

If I ignore it and they take me to court what is the likely outcome.

It all depends on the individual circumstances of the accounts. Some could be unenforceable.

I cannot pay them what I don't have but I also have a partner a and 2 young children and I do want want it to have a direct affect on them.

Even a court wouldn't order you to pay what you haven't got. Your family come first.

Thats is why I thought a DRO was my best option.

Do you know if it would be possible to start the application for a DRO if they bring a court claim against me. Or would I have to start the application before I receive a court claim.
Thank you.

Having a claim against you shouldn't prevent you from applying for a DRO. If a creditor has taken action against you, the court would usually stay the proceedings if you apply for a DRO.

[charliemonkeyface]

Re: Please can I have some advice.

Thank you very much for the time you have taken you have taken to offer me advice.