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    • Anng17
    • By Anng17 17th Jul 17, 11:10 PM
    • 6Posts
    • 0Thanks
    Anng17
    Bw legal
    • #1
    • 17th Jul 17, 11:10 PM
    Bw legal 17th Jul 17 at 11:10 PM
    Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.

    Can you please give me some advise
Page 1
    • sourcrates
    • By sourcrates 17th Jul 17, 11:16 PM
    • 12,471 Posts
    • 11,865 Thanks
    sourcrates
    • #2
    • 17th Jul 17, 11:16 PM
    • #2
    • 17th Jul 17, 11:16 PM
    Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.

    Can you please give me some advise
    Originally posted by Anng17
    Yes, speak to stepchange they are a free debt charity.

    To avoid legal action I would write to them with an offer of payment, whatever you can comfortably afford, they always ask for the full balance as they won't be aware of your circumstances.

    Even if it goes to court as long as you respond to the claim form and make a reasonable offer, the court will just rubber stamp it.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Anng17
    • By Anng17 17th Jul 17, 11:21 PM
    • 6 Posts
    • 0 Thanks
    Anng17
    • #3
    • 17th Jul 17, 11:21 PM
    • #3
    • 17th Jul 17, 11:21 PM
    Thank you i have contacted stepchange and asked for help, and bw legal are still sending letters. I did only do it last week so i guesa the infor will be in the post.
    I did it on line from a link from bw legals web page.

    I'm just worried everytime someone rings the door bell
    • sourcrates
    • By sourcrates 17th Jul 17, 11:36 PM
    • 12,471 Posts
    • 11,865 Thanks
    sourcrates
    • #4
    • 17th Jul 17, 11:36 PM
    • #4
    • 17th Jul 17, 11:36 PM
    Thank you i have contacted stepchange and asked for help, and bw legal are still sending letters. I did only do it last week so i guesa the infor will be in the post.
    I did it on line from a link from bw legals web page.

    I'm just worried everytime someone rings the door bell
    Originally posted by Anng17
    They work in call centres, they don't knock on doors.

    BW Legal is just a posh name for a common oh garden debt collector, there nothing special.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 18th Jul 17, 6:24 AM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    • #5
    • 18th Jul 17, 6:24 AM
    • #5
    • 18th Jul 17, 6:24 AM
    Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.
    Originally posted by Anng17
    When did you last make a payment to this? If you say 'early 2011' and since then you (or anyone acting for you) have not acknowledged the debt in writing then it is now statute barred and you have a full defence to any court claim.
    • sourcrates
    • By sourcrates 18th Jul 17, 10:38 AM
    • 12,471 Posts
    • 11,865 Thanks
    sourcrates
    • #6
    • 18th Jul 17, 10:38 AM
    • #6
    • 18th Jul 17, 10:38 AM
    When did you last make a payment to this? If you say 'early 2011' and since then you (or anyone acting for you) have not acknowledged the debt in writing then it is now statute barred and you have a full defence to any court claim.
    Originally posted by fatbelly
    Good pick up..........missed that !!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Anng17
    • By Anng17 19th Jul 17, 4:50 PM
    • 6 Posts
    • 0 Thanks
    Anng17
    • #7
    • 19th Jul 17, 4:50 PM
    • #7
    • 19th Jul 17, 4:50 PM
    It says 2011 on my credit report, I'm just getting constent calls from them, and don't know how to stop them. Ok i do but i can't afford to pay them.
    If its in statute barred what does that mean (I'm not the best legal wizz).
    I just don't want a ccj on my record, and them to up the payments
    • sourcrates
    • By sourcrates 19th Jul 17, 5:35 PM
    • 12,471 Posts
    • 11,865 Thanks
    sourcrates
    • #8
    • 19th Jul 17, 5:35 PM
    • #8
    • 19th Jul 17, 5:35 PM
    It says 2011 on my credit report, I'm just getting constent calls from them, and don't know how to stop them. Ok i do but i can't afford to pay them.
    If its in statute barred what does that mean (I'm not the best legal wizz).
    I just don't want a ccj on my record, and them to up the payments
    Originally posted by Anng17
    Has it got a default date on your credit report at all ?

    Because it would depend which month you stopped paying, if it was prior to July that year, then its already statute barred, if it was after, then it wont be, yet.

    There is an act of parliament called the Limitations act 1980, basically any consumer debt not paid or acknowledged for any period of six years, will become statute barred.

    If a debt is statute barred, it means the creditor cannot take legal action to recover the debt from you, but you must inform the creditor in writing that you believe the debt is statue barred, otherwise they can and will continue recovery action.
    Last edited by sourcrates; 19-07-2017 at 5:38 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 19th Jul 17, 7:11 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    • #9
    • 19th Jul 17, 7:11 PM
    • #9
    • 19th Jul 17, 7:11 PM
    Sourcrates is right, as usual.

    You are worried about a ccj. That can only happen if you ignore (or defend and lose) a court claim and so far BW have not started one.

    The longer this goes on the more likely your SB defence is to succeed.

    If you can find that default date, we can work from that and give you a good idea where you stand. Or better still, tell us when you last made a payment.
    • Anng17
    • By Anng17 19th Jul 17, 7:24 PM
    • 6 Posts
    • 0 Thanks
    Anng17
    Hi
    The default date is 1.8.2013 but on my credit it says balance is 0? I'm confused even more now.
    Does this mean it's not within the statute barred

    Ooooh i don't know what to do here??
    • sourcrates
    • By sourcrates 19th Jul 17, 7:49 PM
    • 12,471 Posts
    • 11,865 Thanks
    sourcrates
    Did you stop paying in early 2011 ?

    It's the date of your last payment that's important, ignore the default date for now.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 19th Jul 17, 10:14 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    How linked are BW Legal and Lowell?

    Could it be that Lowell bought the debt and the payday uk entry on the credit file is showing as zero because you don't owe them anything any more?

    A default date of August 2013 would indicate that the debt was being repaid until Feb - May 2013, which sounds unlikely as Payday UK (Instant Cash Loans Limited)only do short-term lending up to 12 months.

    Is there a Lowell entry on the credit file?
    • Anng17
    • By Anng17 19th Jul 17, 11:44 PM
    • 6 Posts
    • 0 Thanks
    Anng17
    I can't get an exact date its between 37 and 48 month? I can't work it out.
    Lowell is not involved but I'm sure I've had a letter saying they was. Its been brought off PRAC financial ltd. And the last letter was a letter of claim saying I need to settle in full or i may be issued with a ccj
    • fatbelly
    • By fatbelly 20th Jul 17, 7:34 AM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    OK, it's been bought BY PRAC and BW are acting for them. That makes sense.

    I am confused by who is reporting what on your credit report but ... if you stopped paying in early 2011 then you are going to have a complete defence to any court claim, should one come (it may not), provided you haven't acknowledged the debt , by payment or in writing, since that time.
    • Anng17
    • By Anng17 20th Jul 17, 10:24 AM
    • 6 Posts
    • 0 Thanks
    Anng17
    Im just reading my credit report from experian? I have no idea about these things which is why I'm asking for your fab advice. There's no specific dates and when i try and log on to bw legal web site to look, it says there is an error and i can't look.

    Any help with what i should do is most helpful as they've given me a date of the 28th july to pay in full. And I'm starying to worry more now.
    • fatbelly
    • By fatbelly 20th Jul 17, 7:08 PM
    • 11,540 Posts
    • 8,675 Thanks
    fatbelly
    OK, the first thing is that their deadlines mean nothing.

    I'm not sure what you're looking at.

    There will be several relevant dates on your report. On this one



    there's a start date, and an 'updated to' date. This one has an 'arrangement' date. Yours should show a default date. It will show if payments were being made up to the 'updated to' date.

    If you post what you're seeing we can tell you what it means.

    I still don't know if PRAC or Instant Cash or both, are reporting.

    From your own records, when (as precisely as you can) did you take out the loan and when did you make your last payment?
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