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Court proceedings with BW Legal - please advise
Stormy_sea
Posts: 1 Newbie
I'll begin by saying we've been stupid in the last, borrowing money we couldn't afford to pay back in order to see us through three maternity leaves which coincided with husband's redundancy. Some we've chipped away at, others we've managed to get written off. Sometimes we've been stupid and buried our heads in the sand due to fear.
We received a letter from BW Legal a while ago, stating that they've bought a debt of £1400 relating to us and demanding payments. I wrote back and asked for details of what the debt related to but received none.
Then came a court summons relating to it. I wrote back, accepting that the debt may be genuine but requesting details from BW legal as to what it relates to before agreeing liability. I've now received a letter from them which states that the original client was PRAC financial limited, which still tells me nothing. Do I assume it's a parent company of one of the payday loan lenders? What it also fails to provide (which I specifically asked for) is evidence of my original credit agreement with PRAC, and evidence that they have then purchased the debt. Am I correct in thinking that I am entitled to see these pieces of evidence before the debt becomes enforceable?
They have, of course, stated that there's no doubt they'll win when this goes back to court next week and that is be far better to agree a payment plan with them now to avoid (another) ccj. In your experience do I push for the evidence, or capitulate now?
Many thanks in advance.
We received a letter from BW Legal a while ago, stating that they've bought a debt of £1400 relating to us and demanding payments. I wrote back and asked for details of what the debt related to but received none.
Then came a court summons relating to it. I wrote back, accepting that the debt may be genuine but requesting details from BW legal as to what it relates to before agreeing liability. I've now received a letter from them which states that the original client was PRAC financial limited, which still tells me nothing. Do I assume it's a parent company of one of the payday loan lenders? What it also fails to provide (which I specifically asked for) is evidence of my original credit agreement with PRAC, and evidence that they have then purchased the debt. Am I correct in thinking that I am entitled to see these pieces of evidence before the debt becomes enforceable?
They have, of course, stated that there's no doubt they'll win when this goes back to court next week and that is be far better to agree a payment plan with them now to avoid (another) ccj. In your experience do I push for the evidence, or capitulate now?
Many thanks in advance.
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Comments
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Details here on what the debt charities advise you do, new rules came into force 1st October, creditors must follow them :
https://moneyaware.co.uk/2017/10/new-ccj-rules-know-your-rights/I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
If you've had a court claim you must acknowledge service within 14 days and defend within 28
Details here
http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
PRA buy other peoples' debts so it sounds like the particulars of claim are deficient0
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