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  • FIRST POST
    • mrpatr1ck
    • By mrpatr1ck 15th Sep 19, 2:45 PM
    • 5Posts
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    mrpatr1ck
    Help! - BW Legal Claim Form - 14 days missed!
    • #1
    • 15th Sep 19, 2:45 PM
    Help! - BW Legal Claim Form - 14 days missed! 15th Sep 19 at 2:45 PM
    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
Page 1
    • Willing2Learn
    • By Willing2Learn 15th Sep 19, 2:51 PM
    • 4,429 Posts
    • 3,977 Thanks
    Willing2Learn
    • #2
    • 15th Sep 19, 2:51 PM
    • #2
    • 15th Sep 19, 2:51 PM
    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.


    Last edited by Willing2Learn; 15-09-2019 at 2:53 PM.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

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    • sourcrates
    • By sourcrates 15th Sep 19, 7:46 PM
    • 18,463 Posts
    • 17,363 Thanks
    sourcrates
    • #3
    • 15th Sep 19, 7:46 PM
    • #3
    • 15th Sep 19, 7:46 PM
    Agree with the above.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • glennstar
    • By glennstar 15th Sep 19, 8:15 PM
    • 233 Posts
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    glennstar
    • #4
    • 15th Sep 19, 8:15 PM
    • #4
    • 15th Sep 19, 8:15 PM
    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.
    The views expressed here are my own. I am not a Solicitor nor am I affiliated with any of the parties I mention. If you disagree with any of my comments please say in whatever way feels most natural to you. No one self improves in a bubble!
    • mrpatr1ck
    • By mrpatr1ck 15th Sep 19, 9:04 PM
    • 5 Posts
    • 0 Thanks
    mrpatr1ck
    • #5
    • 15th Sep 19, 9:04 PM
    • #5
    • 15th Sep 19, 9:04 PM
    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
    • By twhitehousescat 15th Sep 19, 9:28 PM
    • 4,204 Posts
    • 5,217 Thanks
    twhitehousescat
    • #6
    • 15th Sep 19, 9:28 PM
    • #6
    • 15th Sep 19, 9:28 PM
    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
    Originally posted by mrpatr1ck
    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
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • glennstar
    • By glennstar 16th Sep 19, 5:09 AM
    • 233 Posts
    • 145 Thanks
    glennstar
    • #7
    • 16th Sep 19, 5:09 AM
    • #7
    • 16th Sep 19, 5:09 AM
    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
    Originally posted by mrpatr1ck
    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.
    The views expressed here are my own. I am not a Solicitor nor am I affiliated with any of the parties I mention. If you disagree with any of my comments please say in whatever way feels most natural to you. No one self improves in a bubble!
    • huckster
    • By huckster 16th Sep 19, 7:01 AM
    • 3,756 Posts
    • 1,685 Thanks
    huckster
    • #8
    • 16th Sep 19, 7:01 AM
    • #8
    • 16th Sep 19, 7:01 AM
    Have you actually been issued with a CCJ ?

    Are you happy that the debt amount is correct ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
    • sourcrates
    • By sourcrates 16th Sep 19, 9:02 AM
    • 18,463 Posts
    • 17,363 Thanks
    sourcrates
    • #9
    • 16th Sep 19, 9:02 AM
    • #9
    • 16th Sep 19, 9:02 AM
    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.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • TripleH
    • By TripleH 18th Sep 19, 2:43 PM
    • 294 Posts
    • 194 Thanks
    TripleH
    It might also be worth checking your credit references to see if a CCJ has been added to them?
    Wherever you go, whatever you do Richard Marx is right there waiting for you.

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    • Clive Woody
    • By Clive Woody 18th Sep 19, 4:47 PM
    • 4,864 Posts
    • 5,451 Thanks
    Clive Woody
    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.
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic about” – Albert Einstein
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