Help needed with BW Legal Statutory demand

[Yawning Donkey]

I received a hand delivered SD on Monday from BW legal in respect of a debt to HBOS for an overdraft of £5k.

It dates to 2009 when I was made redundant, I was also moving home at the time and despite notifying them of my new address, a lot of the paperwork was lost between the 2 houses and my notoriously poor record keeping.

 

 

I got in touch with National Debtline and filled in the income expenditure forms and sent them off to my creditors along with a begging letter appealing to their better nature(you live and learn). As I had only dole to survive on at the time I couldn't offer more than a token payment which was rejected out of hand.

 

 

I was lurking this site at the time find a course of action and so i sent them a cca request (along with the fee) which they ignored but cashed the postal order(i still have the receipt and cca request). After the 14 day time limit, I sent off the `account in dispute` letter also ignored(they were posted to the branch's mailbox by hand, by me, so I know they received them and a few weeks later received a default notice.

 

So that and the odd statement were all the communication I ever had off them. I ignored all the threats since and it did go quiet for a couple of years but in may it started again, I just thought it was more of the same until the SD was delivered.

Edited October 7, 2013 by citizenB

[unclebulgaria67]

CCA request was not relevant to a current account overdraft, so you had no proper dispute. They probably just took the £1 as payment towards the debt.

 

So what other issues do you have about this debt, that you could use to help set aside this SD ? Can you post up a copy of the default notice, after removing your personal info ? Are you in a position to check the amount of debt with copies of statements ? If not, I think you need to get hold of these.

 

You have 18 days to do the set aside from the day the SD was served on you. If you can't put together a set aside that has a reasonable chance of success, I think you will need to see whether you can make an offer of payment over a period of time. If you own a house, there could be at risk of a forced sale in the event of bankruptcy.

[Yawning Donkey]

This is the default notice I received, just had another letter off bw saying that i have until the 14th now - I pretty much up a creek though as regards making much of an offer, I`m not working atm as the result of an operation and am unlikely to be again until spring and my wife only works part time

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[citizenB]

Your image is too tiny - can you please follow the instructions below and repost..

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

[Yawning Donkey]

Thank you CitizenB - I was just trying to find the instructions for it -

 

fingers crossed

 

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Edited October 8, 2013 by citizenB
tidying up

[unclebulgaria67]

Can't see anything obviously wrong, but wait for other opinions from people who are more knowledgeable.

 

IMHO in these situations, you may be wise to try to settle the debt, perhaps by making a reduced full & final settlement offer. They may accept a lump sum for say 25% of the debt value, as they will not have paid much for it. Or you could make a payment, with an offer of regular payments.

 

You could seek advice from a Solicitor who deals with such banking debts. If you try to set aside as a LIP, you would have to be pretty confident of your arguments citing relevant case law/legislation and hope that you have a helpful Judge on the day of any hearing.

[Yawning Donkey]

Ok thanks - what would be the best way to make the offer - phone, email, letter?

[citizenB]

You could make the offer by Phone/Email and confirm by a formal letter.

 

Can you let me know what the dates are on the Default Notice was please, the date it produced and the date they gave you to remedy

[Yawning Donkey]

Oh ok cheers, is there a record of them accepting such low offers - i certainly hope so as i`ll struggle to raise that much

dates are

24-8-9 to 22-9-9

[unclebulgaria67]

Oh ok cheers, is there a record of them accepting such low offers - i certainly hope so as i`ll struggle to raise that much

dates are

24-8-9 to 22-9-9

 

You can only try.

[Yawning Donkey]

That didn`t go well - they want over 80% and bank statements showing all my comings and going

[unclebulgaria67]

That didn`t go well - they want over 80% and bank statements showing all my comings and going

 

I would suggest that you send a letter by recorded delivery to BW Legal making a first payment to them, with an offer of further payment by standing order if they supply their bank details. Provide some basic income and expenditure information, together with proof if you are in receipt of benefits.

 

Then see how they respond.

 

Alternative is to contact a Solicitor who deals with consumer credit act debts. If they spot something which helps with a set aside, they may be prepared to deal with it on a no win no fee basis.