BW Legal Letter, confused about what stage I'm at!

RidgebackPlanter

Thanks @Coupon-mad I'm sure it's frustrating for newbies to ask similar/the same questions over and over. I am reading those stickies, I was just getting confused about how I had got to the end of the process without going through the beginning of the process. I now have more understanding on that.

nosferatu1001

You didnt go through it because you didn't know about it! its easy. If you don't file a defence, you get a CCJ against you in default 

I gave you a checklist of docs (well, the exhibits sectio is of course more than one!) -0 use it. Remember weonly know what you put on the board. We can guess, but dont make us guess. Wastes our time and may lead to mistakes. 

RidgebackPlanter

UPDATE: Called the CCBC and they told me that they can't provide any details on anything without a case number. I, of course, don't have a case number as the only mention of an alleged CCJ is in the email from BWL (attached above) and there isn't an open case currently. CCBC said I must contact a credit company.

- Set up an account with Experian to get a free credit check. Credit is "excellent".
- Went a bit deeper and got a full credit score history  (£14.99 monthly subscription  but free for 30 days - very useful). No CCJ detected. Called Experian to double, triple check every address....no CCJ detected. 

So....have BWL lied to me? I don't understand why they would, or what benefit is has to them to lie about a prior CCJ. Or is there some possible way a CCJ from 2018 is still out there and I can't find it?

nosferatu1001

Ask them to search under your name and your address. 
All you can do
Have you tried Trust online? That is a definitive list of CCJs
BW could have lied, or cocked up. But either way once you h ave defniitive proof, contact them and ask them for their apology before you contact the SRA to complain that their member has lied about a CCJ existing in order to extort payment. 

RidgebackPlanter

Yes I tried TrustOnline first. It's £6 per time and will only let you search 1 address so I opted for original address that BWL had for me. Nothing. I could do one more search for £6 and look at the address I was living at in October 2018....but Experian double checked that for me and said there was nothing. 

I suppose my worry in demanding an apology (although honestly this is causing added stress and I feel angry about it!) is that it'll alert them to their mistake (if it was an error not a lie) and they will then retro-actively add it my file or something??!! I don't want to poke the beast! 

nosferatu1001

What do you mean, retroactively add WHAT to y our file? WHat are you thinking they may do given they have lied to you? Why not hold their feet over the fire by asking the SRA to investigate an illegal to obtain money by deception? It looks very much likea fraud act 2006 section 2 CRIME to me!

Coupon-mad

Why not email BW and ask them for the claim number because neither the CCBC nor Experian can find it?  Also say they must treat this as a SAR and you want to see all data held about you including the Particulars of Claim, if there was a claim, and the dates and details/sum claimed/Claimant, etc.

RidgebackPlanter

BWL replied very quickly to this SAR (despite ignoring an email from last week) and have stated that the CCJ is attached to that address on the opening of the initial letter that began all this - an address I have never lived at, never been a tenant of, never registered the car at...I'm baffled. How did they get that address and is it legal to put a CCJ on an address without confirming that the person actually lives there? 

nosferatu1001

So do you now have a Claim reference number? if so cant you now confirm with the CCBC?
Ask them why they chose to file at that address, as you have no association with iut
No, of course it is not legal to file at an address they know is not right, see the rules on service CPR13.2. 

RidgebackPlanter

Thanks @nosferatu1001 I'll look up CPR13.2. Yeah I've just pinged back ANOTHER SAR outlining that giving me the address alone does not comply with the original SAR and I will need the claim number and particulars of the claim so I can take this forward to the CCBC. They're being spectacularly unhelpful and cagey with information and it's a colossal waste of everyones time.