Court Letter - BW Legal

[canyonbridge]

My partner has just received a court letter, the claimant being LOWELL PORTFOLIO via BW LEGAL. I have zero experience with this kind of thing so come here for help.

 

It basically states she agreed to payment plans with numerous different creditors and then must have missed payments or stopped when she was made redundant.

 

The particulars are very very vague which leaves my partner unsure of what the 'original debt' was. It states 'full particulars will be served upon the defendant under separate cover' ??

 

She has to respond but not sure what she should put? Any help much appreciated, Thank you

[honeybee13]

Hello and welcome to CAG.

 

As you mention 'claimant' I'm assuming you've received a claim form. Please would you look at the stikky I'm linking to and let us have the information?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

My best, HB

[canyonbridge]

Ah, Thank you...here are the deets,

 

LOWELL via BW LEGAL

 

Date of issue – 28 Feb 2014

 

What is the claim for – the reason they have issued the claim? D entered into agreements with numerous original creditors, agreed to pay the original creditors for services and or facilities. Defendant has breached contractual payment obligations.

 

What is the value of the claim? £1640

 

Is the claim for a current or credit/loan account or mobile phone account? No idea

 

When did you enter into the original agreement before or after 2007? No idea, don't know what the original agreement is for?!

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Don't know who the OC is

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know?

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved? Don't know who OC is

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a DM plan? Yes

[citizenB]

Ok, well you say you dont know who the original creditor was.. then in the final question

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a DM plan?

 

Your answer is Yes

 

If you entered into a repayment plan with the Original creditor, then your partner knew who they were ?

 

It would appear Lowells have advised that full particulars will be served on you under separate cover. BW Legal, their Solicitor are not renown for providing this information either by way of Court Procedure rules or "under separate cover". In the event they do, it is likely to be very late.

 

So give them 5 days from today - then send a letter to BW legal advising that you have their claim form that they advise within it that they will send a fully particularised claim under separate cover. You havent received it.

 

You require the following information as a matter of urgency.

 

Who was the Original creditor(s) so you can identify what the claim is for.

When was the account(s) assigned to Lowells

Did they send a Notice of Assignment(s) and when

 

If the date of issue of the claim was 28 February, your timeline is as follows.

 

Date of issue = 28.02.2014 + 5 days for service = 04.03.2014 + 14 days to acknowledge the claim form = 18.03.2014 + 14 days to submit defence, if you are going to defend = 01.04.2014

 

BW Legal are becoming very lazy with their Particulars of claims as yours indicates !!

 

 

D entered into agreements with numerous original creditors, agreed to pay the original creditors for services and or facilities. Defendant has breached contractual payment obligations.

 

It could be they have purchased several small debts and cobbled them together into one claim. This confuses the issue as you are left defending different claims within one defence ! It is also possible that some of the debt is protected by the Consumer Credit Act, but if there is a Mobile phone account in that, then that wont be.

 

It could even be possible that some or all of the debt could be statute barred, (not collectable, although not written off). Unless and until you receive the information, then you are unable to say what is what.

 

Is it likely that any outstanding debt has not been either acknowledged or paid for over 6 years ?

 

Can you obtain a copy of your Partner's credit files to see if you can work out from that what the debts could be ?

[canyonbridge]

Thanks very much for your reply. Really appreciate it!

 

My partner says the debt agency were harassing her for payment so she just set one up, not knowing the full details of what her debt was for (she's had a few bad years so I can't blame her for her not using common sense)

She said she was paying and then missed a couple of payments, when she called to sort it out they were very unhelpful and demanded the full amount.

 

She thinks it might partly be Argos but her ex-husband left her with a lot of debt (in her name unfortunately) so it's all a bit muddy!

 

She will have entered into an (albeit not with a clear head) agreement within the last 5 years.

[canyonbridge]

Ok so BW Legal have sent the paperwork in regards to the County Court Claim.

 

It states,

 

 

'A COUNTY COURT CLAIM HAS BEEN ISSUED AGAINST YOU'

 

claim number blah blah

 

You have limited time in which to reply to this County Court Claim

 

If we do not hear from you within 14 days of the date of this letter we shall apply to court to enter a county court judgement (CCJ) against you.

 

IT IS NOT TOO LATE to resolve this matter.

 

The Claimant's claim is for £1,478.86

 

Original creditor is 'Home Retail Group' defaulted in 2009 and 'JD Williams' in 2010

 

blah blah

 

defence forms blah blah

 

 

She simply can't pay that amount of money. She's just had to borrow around that amount to replace her broken boiler!

She's in quite a bit of debt so threatening her with bad credit is pointless.

 

She'd really appreciate any advice on how to proceed with this.

[AndyOrch]

Have you acknowledge the claim? submitted a defence?

 

 

Regards

 

Andy

[canyonbridge]

Sorry, yes she acknowledged the claim. The particulars of the claim never arrived so she wrote asking what the debt was for.

 

No idea on how to respond to them to be honest.

Should she go to court instead of setting up a payment plan?

[unclebulgaria67]

Yes continue to defend. BW Legal have to disclose the full details of their claim, as they mentioned in the particulars of claim. Until they do so, a court won't allow them to continue, as you have to have a chance to review the debt information, so you know how to proceed. At the moment it is just an unproven claim.

 

Just make sure you sitck to the timescales required by the court. Which is basically 19 days from the court claim issue date for the acknowledgement and then a further 14 days for the defence. If BW Legal don't provide the info before the defence is needed, you can just advise the court that BW Legal have not disclosed the details of the claim, as they said they would do so, so you are unable to enter a detailed defence.

[AndyOrch]

As you have submitted a defence then this is now a defended claim...assuming you submitted by the 1st April the claimant has 28 days in which to respond and inform the court they wish to proceed...if not the claim is stayed.There is no need to respond to the above they must make the next move.

 

Regards

 

Andy

[canyonbridge]

I thought acknowledging the claim was different to entering a defence? Mainly because how can she defend something she knows nothing about?

 

BW Legal's Particulars of Claim letter (which we had to request as they didn't send it) is dated 5 April.

[AndyOrch]

No its a two stage process ...acknowledge first and then submit defence...all explained in CBs post#4 above

 

"If the date of issue of the claim was 28 February, your timeline is as follows.

 

Date of issue = 28.02.2014 + 5 days for service = 04.03.2014 + 14 days to acknowledge the claim form = 18.03.2014 + 14 days to submit defence, if you are going to defend = 01.04.2014"

 

 

So you have submitted a defence?

[canyonbridge]

No defence submitted

 

As said previously, how can we defend something we have no detail of?

 

Should her defence have stated 'I deny any claim made against me due to the fact I have no details about the case'?

[AndyOrch]

Well yes its called an holding defence until such time the claim is clarified and disclosed.......so your defence is 14 days late.

[canyonbridge]

What will happen now?

 

I've never been involved in anything court related before so we're doing this blind. Feel like big companies who can afford all the legal help

just do whatever because us numpties have no idea whats going on.

[AndyOrch]

I would check with Northampton and see if the claimant as requested judgment...if so your partner now as a CCJ if not you need to submit a defence...ASAP.

[canyonbridge]

Ok I'll get her to check

 

If the judge hasn't what should we be putting in our defence? I have no idea what I'm doing!

Edited April 16, 2014 by canyonbridge

[canyonbridge]

Hang on, I've just found this info (justice.gov.uk);

 

The period for filing a defence

 

15.4

(1) The general rule is that the period for filing a defence is –

(a) 14 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

 

My girlfriend received the Particulars of Claim on 7th April (letter dated 5th April) and the letter states if they do not hear from her (girlf) they will apply to court to enter a CCJ against her (my girlf)

 

 

[AndyOrch]

Your first post is the 18th March the day you stated she received the claim?

 

What date is on the blue Court Claim form?

 

Regards

 

Andy

[canyonbridge]

On the blue one it's issue date is 28th Feb.

But they only sent the Full Particulars on the 5th April. They also state they will apply to court for a CCJ after 14 days of the 5th April.

[AndyOrch]

Well its the blue N1 court form the date runs from so you had 33 days from 28th Feb to submit any defence.

[canyonbridge]

Ah ok, so worse that could happen is a CCJ. Which I can't see being that bad seen as her credit is shot anyway.

 

That's if Lowells/BW Legal would request a judgement, which I'm not sure they'll do? Don't they need to have all the relevant paperwork etc?

How likely are they to ask for a CCJ?

[AndyOrch]

Very likely as you have not submitted a defence...but check with Northampton and see and if not submit a defence as already advised on the 15th April