BW Legal/Lowell threatening to take me to court

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Thanks NID. What should I do now? Wait and see what they come back with? Btw the original creditor they say they're going to be asking for the cca is Lloyd's TSB. Do you know if they have anything to do with creation/duet?

[nightwatch]

Re: BW Legal/Lowell threatening to take me to court

can we have a bet on Lloyds (not) finding this ?

[ATW]

Re: BW Legal/Lowell threatening to take me to court

lawyers are incapable of speaking plain English.

Oy. Lol.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Just to update - I have not yet heard back from BW legal and the 12+2 days are nearly up. Does anyone have advice on what I do when time is up at the end of this week

[ATW]

Re: BW Legal/Lowell threatening to take me to court

remind them that you made a request under s78 (1) and that they have failed to reply and that s78 (6) (a) therefore comes into play and it states:

"(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement"

So because of their failure to reply to your s78 (1) request they can't now enforce the agreement and you are not minded to make any voluntary payments.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

remind them that you made a request under s78 (1) and that they have failed to reply and that s78 (6) (a) therefore comes into play and it states:

"(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement"

So because of their failure to reply to your s78 (1) request they can't now enforce the agreement and you are not minded to make any voluntary payments.

Thank you Andrew. Shall I type up exactly what you have said in your post above? Don't want to risk adding anything that they could use against me.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I somehow seem to have put my reply within Andrew's post - sorry about that -

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Thank you Andrew. Shall I type up exactly what you have said in your post above? Don't want to risk adding anything that they could use against me.

if you can confirm that's what I should do I will get the letter off Friday. Thanks v much again. So helpful and really appreciate

[ATW]

Re: BW Legal/Lowell threatening to take me to court

There is no magic wording as long as you refer to the fact that you have made a request for copy documents under s78 (1) and because they have failed to deal with that s78 (6) means that the agreement cannot now be enforced.

[Deepie]

Re: BW Legal/Lowell threatening to take me to court

• or you could send this ---> CCA Reminder - Unenforceability Threat

[ATW]

Re: BW Legal/Lowell threatening to take me to court

• or you could send this ---> CCA Reminder - Unenforceability Threat

I need to learn how to link to those one of these days.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

There is no magic wording as long as you refer to the fact that you have made a request for copy documents under s78 (1) and because they have failed to deal with that s78 (6) means that the agreement cannot now be enforced.

Thanks for taking time to reply. I'm not usually so paranoid about what to put (or not) to put in a letter. But i'm determined to fight this as almost all of the amount they are asking for is interest - i've not paid anything towards this since 2009.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I need to learn how to link to those one of these days.

One more question - the last paragraph of the letter talks about how i intend to stop paying - as i haven't paid anything towards the debt since 2009 i will leave this bit out completely. And replace it with the bit about not intending to make any voluntary payments which you suggested in your earlier post.

[ATW]

Re: BW Legal/Lowell threatening to take me to court

One more question - the last paragraph of the letter talks about how i intend to stop paying - as i haven't paid anything towards the debt since 2009 i will leave this bit out completely. And replace it with the bit about not intending to make any voluntary payments which you suggested in your earlier post.

i think its better to leave the last paragraph as :

"the account is clearly unenforceable"

no need for anymore than that really.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I posted the letter and have not heard back from BW..........so, what should my next move be? Do I ignore or write again insisting they agree the debt to be un enforceable ?