BW Legal letter- help

Taz83

Ok thanks for your help

WhenIam64

It is a Pre Action Protocol letter notifying you of their intention to seek a CCJ judgement against you.

You have 30 days to respond to stop a CCJ judgement against you.

You might want to take a bit of a deep breath with this one.

BW Legal have 1mn of these "claims" under management by only 6 solicitors. Everything is done by computer. You don't actually need to reply to the pre-action letter and a reply may actually encourage them to start a claim.

The only actual bit of paper you need to take seriously is a court claim which will come from the Northampton bulk centre. The NBC is for those companies like BW using automated claims processes and MoneyClaimOnline.

I'm going against the flow here and saying to sit on any pre-action letter. They are fishing, and the last thing a fish does is to tug on the line.

Have a read of their business methods here

fatbelly

That was an interesting link from an employment legislation point of view but the allegations made by the disgruntled employee were not viewed positively by the tribunal.

I think, having issued a pre-action letter, a court claim will likely follow. If you follow debt camel's suggestions (Box C, Box I)

https://debtcamel.co.uk/letter-before-claim-ccj/

you will start to make them jump through the hoops.

Should a court claim follow I would suggest https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim?105-Received-a-Court-Claim=
for help

WhenIam64

I think, having issued a pre-action letter, a court claim will likely follow.

If you think about it, BW are a plain vanilla solicitor. They are not going to pay for a claim unless they have the agreement from the client to spend the money. Some BW clients always issue claims. Some never. It depends on the instructions they are given.

So the question isn't whether BW will issue a claim but are MoneyShop (or whoever now owns the debt) going to fork out the £100+ to start a claim.

Best to check the BW client before responding to any pre-action. Same goes for any volume solicitor.

PixelPound

First of all, the Pre-Action Protocol does not give 30 days to stop a CCJ, it gives 30 days to respond before a claim form can be issued. When that is issued it is deemed served 5 working days later and you get 14 days from the service date before CCJ can be applied for.

I would not recommend ignoring the letter because rather than general fishing letters by the time it comes to this stage there is the intention to issue a claim. Also if you wait until the claim form is issued then the cost will have gone up with cost fees and interest (which can be APR of 8% of the claimed sum and charged from the default date, though they may actually claim for less than the maximum), so why wait until legal proceedings have started.

You mentioned it was a payday loan you got over six years ago. It's not a question of when you got it, but more when last payments were made or the debt acknowledged.
So were payments made on it, and when did they stop
Did you have any conversations with the money shop or any representatives, such going into a debt plan.

sourcrates

nic_c wrote: »

You mentioned it was a payday loan you got over six years ago. It's not a question of when you got it, but more when last payments were made or the debt acknowledged.
.

In January 2019 there was a decision in the Court of Appeal (Doyle v PRA) that has changed the point at which the six-year period starts for some debts including credit cards and loans.

It is now regarded as being the default date of the account, not the date the last payment or acknowledgement was made.

This is likley to cause some confusion for a while with articles and comments on the internet describing the old position. If you are not sure what to believe or whether this affects you, talk to National Debtline on 0808 808 4000.