Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

[Chippie79]

Hi,

I am going to keep this short so that I am not annoying!! :-)

Over 6 years ago split with ex-husband and divided up debts (all in my name) he has obviously not paid or stopped paying his ones as yesterday I received a photocopy of a claim form Claimant: Lowell Portfolio/BW Legal. Went onto Credit Expert to see 2 defaults listed on there (£3k & £1.5K) - this claim form appears to only be for the £1.5k one (another one maybe on the way?). Default dates are August and September 2010 so only 6 months until statue-barred. The biggest issue for me is myself and my partner are in the next couple of months going to apply to have £6k added to our mortgage to pay for IVF treatment (long medical story). Obviously I know that this mortgage application will not go through with these defaults on there or if they go for a CCJ - out of interest, these defaults weren't on there 14 months ago when we got out mortgage.

Help - what should I do? I know there is no point arguing that my ex agreed to pay these specific debts as they are in my name but I need my credit file to be ok again asap so we can go for IVF. Do I wait and see if I get real court papers from Lowell/BW or make an offer for full and final settlement etc? Am worried if I set up a payment plan then default date will re-set which will unable me to raise future monies and affect credit rating for another 6 years (at which point IVF will be too late) - any help would be great. Thanks :-)

[nemesis45]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Good morning Chippie.
What makes you feel that these are not real " court papers"?

Was it a "claim pack" from the Northampton County Court Business Centre that you received? As such claims are issued electronically by the court and not sent by the claimant.

Please post a copy of the claim Form (N1) here after removing all personal details and the claim number, please leave the Particulars of Claim part complete.

I suspect this is a real claim and you must acknowledge service via money claim online (MCOL) otherwise you may get a judgement against you by default.

Who was the original creditor for this £1.5K debt?

What type of account is this.

When was the account opened?

Default entries are removed from credit files after 6 years from the default date paid or not, but this does not always mean that a debt is statute barred.

Any payment/ written acknowledgment of a debt made in the 6 year period resets the 6 year " clock " to zero. A County Court Claim stops the clock on the date a claim is issued.

A default date cannot be changed, one debt, one default, one default date. The actual date an account fell into default can be some months before the default is registered with the credit reference agencies.

nem

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Hi Nemesis,

Thank you so much for replying to me.
I have actually rung the court and it is real so I rang BW Legal and told them I had no idea what debt was for and I wasn't acknowledging it or denying it (advice of friend at work) and I wanted poof of debt. I hope now that I haven't made a mistake by ringing them? Bloke I spoke to said that I have to respond to court paper and say I am intending to defend all of the claim and that he will request paperwork to be sent to me - I said I will send a proper request letter by recorded delivery also.
Original creditor was Lloyds Bank. Bloke on phone said it says OD next to it so he thinks its an overdraft.
Have I reset the clock now by ringing them? I am literally at work in tears because I now panicked that this is going to be on there for 6 more years!?
Thanks :-)

[wales01man]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Respond to the claim first ignore the stupid advice to not it will not go away and you WILL get a CCJ against you by default.
Plenty of help from this site to come ignore what they say as they can help

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Hi Wales01man

Ok so just go online and respond and say that I am defending the entire claim as I have had no letters regarding this for 5 years etc and am requesting more info from BW?

[wales01man]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Wait a while or search LB you will be told exactly what to do plenty of time a couple more hours will not matter

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Ok - THANK YOU so much for taking time to reply to me - feel like I am not all alone! :-)

[joedempsey]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Hi Wales01man

Ok so just go online and respond and say that I am defending the entire claim as I have had no letters regarding this for 5 years etc and am requesting more info from BW?

chippie... click on court claims at the top of the forum and follow-the first steps you will have to acknowledge the claim online with intention to defend.
then read all the steps they are are all in the yellow box.

[nemesis45]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Hi Wales01man

Ok so just go online and respond and say that I am defending the entire claim as I have had no letters regarding this for 5 years etc and am requesting more info from BW?

Just acknowledge service and intention to defend in full Don't Enter Anything Else as some times any comment can be misconstrued as a defence.

As Wales has said the advice you were given should be ignored, stay off the phone luckily verbal communications cannot affect the status of the debt.

Now please let us see the claim form or type in the particulars of claim word for word.

nem

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

ok I have done that - will try and now work out how to scan and upload form for you to see. Thank you so much for everyone's help so far - you have no idea how much of a relief it has been to even get one reply to this - had a pretty rough time recently and nice to know people are willing to take time to help :-)

[nemesis45]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

ok I have done that - will try and now work out how to scan and upload form for you to see. Thank you so much for everyone's help so far - you have no idea how much of a relief it has been to even get one reply to this - had a pretty rough time recently and nice to know people are willing to take time to help :-)

Chippie, if you have a problem with posting documents [MENTION=49370]Kati[/MENTION] I am sure will help you.

nem

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Ok - here is claim form (I hope) :-)

[Kati]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

ok I have done that - will try and now work out how to scan and upload form for you to see. Thank you so much for everyone's help so far - you have no idea how much of a relief it has been to even get one reply to this - had a pretty rough time recently and nice to know people are willing to take time to help :-)

Chippie, if you have a problem with posting documents @Kati I am sure will help you.

nem

Of course I will ... feel free to email me the docs (with a link to this thread) if you have problems uploading them :nod: xx

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Thanks Kati - I have attached as above - I hope that worked.

[Chippie79]

Re: Help! 5.5 year old debt just surfaced - Lowell/BW Legal - photocopy of claim form

Should I send a standard letter asking for copies of agreements in the post now?