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  • #1

    BW Legal/Lowell threatening to take me to court

    AAD forum: apols for posting on the miscellaneous site but nowhere else could i find the 'post new thread' button. Anyway, here we go:
    I have an old debt that defaulted in 4 1/2 years ago and have received recently a letter from BW Legal who say they are writing on behalf of Lowell. Letter goes on to say if i don't pay them £......in 14 days their 'client' has instructed them to take legal action and apply for CCJ etc etc. Now, normally i'd ignore a DCA letter with their threats but this looks a little more serious. I looked up BW Legal on the web and they appear to be a legit solicitors. Any idea what to do - i don't think BW/Lowell would be able to produce a signed legal agreement. Anxious not to set the SB clock again as only 18 months to go.
    Help please......




    Site Team edit:Thread merged with new thread on same topic.
    Last edited by Undercover Elsa; 14 August 2015, 06:23. Reason: Merged
    Tags: act, action, advice, bailiffs, banks, card, cards, cca, cca request, ccj, charging order., con, consumer, consumer credit, consumer credit act, court, credit, credit agreement, creditor, debt, default, defaulted, delay, finance, game, help, legal, letter, letters, list, lloyds, lowell, lowells, married, mas, mastercard, niddy, on hold, paid, paper, sainsburys, sharmaine62. lowell., template, thank you, threat, tsb, unenforceability, update, visa, water
  • #2
    Re: BW Legal/Lowell threatening to take me to court

    Hiya

    send a CCA request --> http://www.all-about-debt.co.uk/old/...2-cca-requests ASAP.

    I've moved the thread for you.....

    Sending a a cca request will buy time, and it will not affect SB either.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: BW Legal/Lowell threatening to take me to court

      OMG - how quick was that reply. Thank you soooo much.

      I will send the letter off without delay.
      Last edited by Never-In-Doubt; 3 February 2014, 14:49. Reason: Removed template

      Comment

      • #4
        Re: BW Legal/Lowell threatening to take me to court

        Originally posted by Sharmaine62 View Post
        OMG - how quick was that reply. Thank you soooo much.

        I will send the letter off without delay.
        send it to BW Legal and leave the £1 PO blank as chances are they'll refer to Lowell's..... Good luck, keep us updated.

        Yes that was the correct template, I edited your post as we don't post the full letters on the forum if we can link to it instead.

        thanks.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: BW Legal/Lowell threatening to take me to court

          Well I have sent off the letter NID gave me and will update as soon as I hear from BW.

          Comment

          • #6
            Re: BW Legal/Lowell threatening to take me to court

            Exellent

            As Niddy said, That will buy you some time and depending on the reply may see this dead in the water at the first hurdle

            When you get the reply, you will know what you are playing with and we can plan a way forward ect

            Try not to worry, These are just template letters and they select the best one for each case so there is no guarantee that they are looking at court action - Just the threats to attempt to make you pay.

            Threatening court and getting there are two very different ball games
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: BW Legal/Lowell threatening to take me to court

              Thank you. That has made me feel a lot more positive. I'll be very surprised if they dig up a genuine agreement as the original one was in my maiden name back in the 90s. Signed in a store. And they've written to me in my married name which I started using in the noughties.

              Comment

              • #8
                Re: BW Legal/Lowell threatening to take me to court

                Update: I have heard back from BW legal. Their letter states

                dear madam
                we write with ref to the above matter and in response to your letter dated xxxx

                We confirm we have received your request for documentation under S78 of the consumer credit act 1974. We have referred your request to our client. Our client may have to refer your request to your original creditor xxxxx. Accordingly the documentation will be forwarded to you on receipt.
                We will seek to ensure that the information you have requested is provided within 12 working days however this is contingent on receiving the documentation from your original creditor within the aforementioned timescale.

                Comment

                • #9
                  Re: BW Legal/Lowell threatening to take me to court

                  Originally posted by Sharmaine62 View Post
                  I have heard back from BW legal. Their letter states

                  dear madam . . . We will seek to ensure that the information you have requested is provided within 12 working days however this is contingent on receiving the documentation from your original creditor within the aforementioned timescale.
                  Let me translate that letter for you since lawyers are incapable of speaking plain English. What it really says is: "we don't have your credit agreement, we never had your credit agreement, but that didn't didn't stop us from threatening you with a CCJ, bailiffs and/or a charging order. We doubt our client Lowells has got it, and it's extremely unlikely that the OC has got it either."

                  Did that letter end with anything to say that the account is now 'on hold' until hell freezes over ?

                  Comment

                  • #10
                    Re: BW Legal/Lowell threatening to take me to court

                    Hi there plan B. No it didn't say anything else. Just exactly as I put in my post. Interestingly it quoted the original creditor as one of the 'big four' banks who I didn't think had anything to do with creation in the 90s. In fact the store card was a Duet card when first opened and I really can't remember if creation had anything to do with it. What should I do now do you think? I'm scared they will cobble something together.

                    Comment

                    • #11
                      Re: BW Legal/Lowell threatening to take me to court

                      Originally posted by Sharmaine62 View Post
                      it quoted the original creditor as one of the 'big four' banks who I didn't think had anything to do with creation in the 90s. In fact the store card was a Duet card when first opened and I really can't remember if creation had anything to do with it.
                      Oooh that's interesting. What's a "Duet Card"? Never heard of one of them.

                      I have a good reason for asking

                      Comment

                      • #12
                        Re: BW Legal/Lowell threatening to take me to court

                        Sure thing - late 1997/early 1998 I popped into my local Adams childrenswear store and the staff offered me their store card. Which I was accepted for. This was a Duet card and you could use it in several other stores too. Then it changed to creation store card sometime in the early noughties. Can't remember exactly.
                        ps: casting my mind back I think Duet was part of Selfridges card group late 90s and then the card was taken over by creation. Who are financed by Sygma. But that is not the name of the OC quoted to me in BW legal reply to my request for cca.
                        Last edited by Sharmaine62; 17 February 2014, 23:30. Reason: Additional info

                        Comment

                        • #13
                          Re: BW Legal/Lowell threatening to take me to court

                          Sounds promising!
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: BW Legal/Lowell threatening to take me to court

                            Originally posted by Sharmaine62 View Post
                            Sure thing - late 1997/early 1998 I popped into my local Adams childrenswear store and the staff offered me their store card. Which I was accepted for. This was a Duet card and you could use it in several other stores too. Then it changed to creation store card sometime in the early noughties. Can't remember exactly.
                            ps: casting my mind back I think Duet was part of Selfridges card group late 90s and then the card was taken over by creation. Who are financed by Sygma. But that is not the name of the OC quoted to me in BW legal reply to my request for cca.
                            Surely Creation was before any other card?

                            Comment

                            • #15
                              Re: BW Legal/Lowell threatening to take me to court

                              DUET is just a payment gateway - Sainsburys was one of the last to use it (might still do). It's kinda like Creations own Visa / MasterCard - known as Duet. It used to allow you to (and might still) shop in any of the stores they affiliated with such as Adams, Peacocks & other outlets that they provide branded cards or finance for.

                              You will need more info as it was probably a store card but that means little
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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