Help! - BW Legal Claim Form - 14 days missed!

mrpatr1ck · 15 September 2019 at 3:45PM

Hi all,

I was recently sent a claim form by BW Legal on behalf of PRAC Financial asking for a response to their claim. Unfortunately the letters were sent to an old address causing me to miss the 14 day window to respond. Upon retrieving the Claim Letter I panicked and called BW Legal to arrange a payment date (Oct 1st).

After doing some thinking, I realised the payment plan is high and that I am going to struggle to pay the monthly amount. BW Legal also advised that if the amount was not paid off in 6 months (by Feb 2020), that the CCJ would still be marked on my credit file?

I have taken a look at my credit file which shows my last payment to PRAC Financial was July 2014, which would mean I still have 10 months until the debt is statue barred?

At this point I'm a bit lost as to what my options are. My only form of communicate with BW Legal so far as been via phone and nothing else. Am I required to bite the bullet and go ahead with the payments next month?

Any advice would be welcomed.

Thanks

Willing2Learn · 15 September 2019 at 3:51PM

I don't believe a CCJ can ever become statute barred. (If the creditor hasn’t taken any enforcement action in six years from the date of the judgement, then they will need to apply to the court for permission if they wanted to enforce the debt. The account would not become statute barred).

My advice would be to stick to the payment plan you have agreed with BW Legal.

sourcrates · 15 September 2019 at 8:46PM

Agree with the above.

glennstar · 15 September 2019 at 9:15PM

If you are having trouble making the payments and you can justify your position entirely then you could to go back to BWL and ask them make a change to the plan. You would need to justify this though. Are you absolutely sure you have no items that might be considered frivolous that might alienate them? If you can go through a robust plan of your income and outgoings and can prove you are just covering essentials - no Sky, Domino's, Uber's, Gala, etc, etc (I'm not judging but they will) - then they may well negotiate. It's much better for them to have a plan in place than a CCJ, default or absconder on their hands.

As I say, ask with energy and commitment.

mrpatr1ck · 15 September 2019 at 10:04PM

Hi glennstar,

We actually went through a plan while on the phone. After hearing my financial commitments, they themselves said that it would be a tight financial commitment for myself and advised they were "concerned" I may struggle.

The issue lies with the fact that if the arrears is not cleared within 6 months, a CCJ will be placed against my file regardless. This is the information I was provided with. In other words, they were willing to amend the monthly amount, but it would be at the risk of a mark still being placed against my credit file.

Thanks

twhitehousescat · 15 September 2019 at 10:28PM

mrpatr1ck wrote: »

Hi glennstar,

We actually went through a plan while on the phone. After hearing my financial commitments, they themselves said that it would be a tight financial commitment for myself and advised they were "concerned" I may struggle.

The issue lies with the fact that if the arrears is not cleared within 6 months, a CCJ will be placed against my file regardless. This is the information I was provided with. In other words, they were willing to amend the monthly amount, but it would be at the risk of a mark still being placed against my credit file.

Thanks

only a judge can issue a ccj , and that is immediately after hearing not in 6 months , if after court you pay in full within 28 days , no ccj will appear

glennstar · 16 September 2019 at 6:09AM

mrpatr1ck wrote: »

Hi glennstar,

We actually went through a plan while on the phone. After hearing my financial commitments, they themselves said that it would be a tight financial commitment for myself and advised they were "concerned" I may struggle.

The issue lies with the fact that if the arrears is not cleared within 6 months, a CCJ will be placed against my file regardless. This is the information I was provided with. In other words, they were willing to amend the monthly amount, but it would be at the risk of a mark still being placed against my credit file.

Thanks

This 6 month deadline is false and appears to be something they are contending to force you into a payment plan you can't afford for obvious reasons. If they are willing to wait 6 months then why not 8 or 12 or more? Please listen to those who have made statements about the way CCJs work. They are called County Count Judgements because they need to be handed down by the court. These are not handed out like sweeties and if you can prove you have been cooperative then it puts BWL in a difficult position.

P.S. Also get to the bottom of this, everything is done over the phone and nothing in writing situation, it's not acceptable. I'm not sure this has been explicitly stated, so I may have misunderstood that bit.

huckster · 16 September 2019 at 8:01AM

Have you actually been issued with a CCJ ?

Are you happy that the debt amount is correct ?

sourcrates · 16 September 2019 at 10:02AM

On reading your first post again, some things need clarification.

Do you already have judgement passed against you in this matter, or did BW Legal suspend the claim as you agreed a payment plan ?

I suspect the latter.

So continuing on that basis, if they went back to court and obtained judgement, you can apply to the court for an “Instalment Order” or an order to “vary a judgment”. To do this you have to complete Form N245 which he can download, this will reduce your monthly payment to a level you can afford according to your budget.

So if a CCJ will not impact you too much, then I would stop dealing with BW Legal, as they are not a trustworthy enterprize, keep everything in writing from now on, and let the court process continue.

The system makes allowences for people with unafordable debt repayments, BW Legal do not.

TripleH · 18 September 2019 at 3:43PM

It might also be worth checking your credit references to see if a CCJ has been added to them?

Clive_Woody · 18 September 2019 at 5:47PM

My guess is they are using the threat of a CCJ to pressure you into making payments. As mentioned, if a CCJ was already issued, by the County Court, then it would be on your credit file. Next time you speak ask them when the CCJ was issued and ask them to send you a copy of the court documents.

Offer them a repayment that works for you and if they play hardball then tell them you will see them in court where most likely you could end up paying back smaller amounts (maybe £1/month), whatever the judge considers affordable. Do not be pressured into repaying within 6months.

Help! - BW Legal Claim Form - 14 days missed!

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