Forcing Evidence

k9gixxerman

Hi,

I've recently received a Claim Form wheree BW Legal are claiming an old defaulted loan. I don't recall the loan, which may sound odd, but I had a business 8 years ago and had several personal loans all of which I believed I had payed off. Certainly no one's been chasing me and I've lived at my current address for four years.

BW Legal have denied my request to see any documentation, claiming it's tied up with Lowells. I believe that if the debt exists at all it could well be Statute Barred as I haven't had ANY loans in over 6 years although I would have been making payments on some more recently.

My question is....Can I force BW Legal to produce evidence before we go to court? They're now offering a mediation option (which is a bonus as it doesn't end in a CCJ) but they still don't have to produce any documentation. I just start paying a £7399 debt which I may or may not owe.....

Can anyone please help!!??

rizla_king

The people on http://www.legalbeagles.info/forums/ will know how to force the info out of them.

as should http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

k9gixxerman

Many thanks for your help, I've had a look and I agree it's probably a better forum for my particular question.

Kindest regards

forgotmyname

Lots of template letters on here to send them which basically says prove you owe them money or go away.

rizla_king

forgotmyname wrote: »

Lots of template letters on here to send them which basically says prove you owe them money or go away.

Too late for those letters if court forms have been issued.

You need to use the court system and civil procedure rules on this to force disclosure of information.

National_Debtline

Hello there,

Depending on what stage you are at, you *may* be able to force disclosure by making a request under the civil procedure rules. Many people are able to do this by making a 'part 31 request'..

As Rizla mentions, do seek advice from people who are up-to-speed with legal procedure. There are exceptions and rules.

Best wishes,

David @ National Debtline.

rizla_king

National_Debtline wrote: »

Hello there,

Depending on what stage you are at, you *may* be able to force disclosure by making a request under the civil procedure rules. Many people are able to do this by making a 'part 31 request'..

I'm curious as to why there is no mention of that on your site on replying to a claim form?

A lot of people are in that situation whereby they are subject to dubious claims?

National_Debtline

rizla_king wrote: »

I'm curious as to why there is no mention of that on your site on replying to a claim form?

A lot of people are in that situation whereby they are subject to dubious claims?

It's a great question, and one that I don't personally know the answer to - so I'll find out and report back. My own guess is that making such requests could be veering into legal advice, which is generally something that we would have to refer our calls on to other organisations for. That said, we often discuss making other forms of information request such as under the Data Protection Act and the Consumer Credit Act. We also discuss other areas of the Civil Procedure Rules with our callers.

Leave it with me, I'll speak to our information and policy team.

- David.