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BW Legal statutory demand - WON!!!!

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  • BW Legal statutory demand - WON!!!!

    Hi I have had some one from BW Legal knock the door today, my wife answered and they gave her a Stat demand for me for £22k.

    t think this debt relates to MBNA which I defaulted on in 2007. The debt has been passed about a few times to finally end up with Lowell's. I have ignored their letters.

    i have read a few of forums but could do with a bit of advise.

    i have sent an email to BW Legal stating I do not acknowledge the debt and that I require a copy of the consumer credit agreement with my signature relating to this agreement, I have also requested a copy of the default notice and a copy of the last correspondence that they have received from me.

    do I need to do this in a more formal way.

    i also need advice on what reason to state on the court forms to set aside the Stat demand.

    i live with my wife and daughter in our house, mortgage is £135k and property value is £200k however due to a failed business venture in 2006 I have approx £90k of charging orders.

    only other assets are what's in the house.

    i would appreciate some good advice. Thanks
    Tags: None

  • #2
    Re: BW Legal

    Hi Zeus

    Welcome to Legal Beagles.

    Sorry to read that you have received a statutory demand from BW Legal.

    Did you send the £1 fee with the CCA request?

    You might want to read this thread here and see is you want me to assist further?
    http://www.legalbeagles.info/forums/...ands-READ-HERE

    I'm assuming that you haven't made any payment since 2007? If so then this debt is likely to be time barred under The Limitation Act 1980 :santa_smiley:
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

    Comment


    • #3
      Re: BW Legal

      Really didn't have a very good nights sleep over this

      Comment


      • #4
        Re: BW Legal

        You be fine now, just follow the advice that Celestine or PT gives you and things will be ok
        enaid x

        Comment


        • #5
          Re: BW Legal

          Originally posted by Zeus View Post
          Really didn't have a very good nights sleep over this
          dont panic, easy to say i know, but there are steps that you can take to sort this out, it really isnt as bad as it seems.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #6
            Re: BW Legal

            Right,Zeus,,you've had your sleepless night ( we allow ONE per person so your quota is officially over)

            Get a cuppa tea......and follow the instructions given by ^^^ them up there and all will be well,,can't say which well,but any old well will do :rofl:
            I can't give you any sensible advice cos basically,I'm not sensible but they are,,if it was left to me to deal with we'd both be heading to debtors jail having rotten tomatoes slung at us,,that's how bad my advice would be so I'll leave you in capable hands.
            Please,please don't let this ruin your every waking moment,,as PT says,,that's easy to say but you honestly will get all the help you need here .

            Comment


            • #7
              Re: BW Legal

              Originally posted by Zeus View Post
              Really didn't have a very good nights sleep over this
              Why?

              The default date was in 2007. If you have not acknowledged it in writing or paid anything towards it since then, the alleged debt and the cause of action will be time barred (or statute barred) by section 5 (link) of the Limitation Act 1980.

              Bowells have, of late, been making claims and issuing Statutory Demands for quite a few time barred debts.

              One might perhaps say, quem Iuppiter vult perdere, dementat prius; your namesake already seems to have taken the first step, so it's just a matter of time before their utter ruination.

              Comment


              • #8
                Re: BW Legal

                I am now in touch with Zeus by email and I think this will be very straightforward to deal with.

                :beagle:
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment


                • #9
                  Re: BW Legal

                  I appreciate your comments, but I really do need to know what to do next

                  Comment


                  • #10
                    Re: BW Legal

                    They will probably want to save their puppeteer master the costs and embarrassment of yet another failed court case

                    Comment


                    • #11
                      Re: BW Legal

                      Originally posted by Zeus View Post
                      I appreciate your comments, but I really do need to know what to do next
                      Sit tight. Celestine is dealing with it.

                      Comment


                      • #12
                        Re: BW Legal

                        Originally posted by Zeus View Post
                        I appreciate your comments, but I really do need to know what to do next
                        well if youre instructing Cel, you dont need to do anything really.
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #13
                          Re: BW Legal

                          ZEUS - These are the important next steps. RED for emphasis. I will email you when I get into the office tomorrow.


                          KATES GUIDE


                          1. Have you actually received the statutory demand yet? If you have received the process servers note, accept the upcoming service politely. Send me a brief email to introduce yourself and supply some background info to start understanding your case. [which you have already done ]

                          2. Once you receive the demand, make a high quality scanned copy. No photos, only PDF scans please. NEXT STEP

                          3. Email the scanned copy to me at katebriscoe@howlettclarke.co.uk. Mark the email Urgent - Statutory Demand Received on XX date.

                          4. Is the Central London County Court listed as your court? If so, you will also need to post the ORIGINAL statutory demand to me and extra time will need to be allowed for procedures as the CLCC or RCJ is very strict on originals only. Postal Address is c/o Kate Briscoe Quality Solicitors Howlett Clarke 8-9 Ship Street, Brighton, BN11AZ (Send recorded delivery and keep a scanned copy of the SD for your own records.)

                          5. When you email me your stat demand, please also supply FULL contact details, name, address, telephone numbers.
                          These details are being supplied to QualitySolicitors Howlett Clarke and will be treated in total confidence and with full legal privilege. http://www.qualitysolicitors.com/howlettclarke

                          6. NEVER send unredacted credit agreements, financial documents or private contact details to websites.

                          7. I will then telephone you to take a full history. Try to remember when/where/how you took out the original agreement? How you got into difficulties?

                          8. If you have not previously sent a s.78 CCA request, DO SO NOW If you have previously sent s.78 requests, please have to hand dates and details about these requests. Such as original letters/responses/credit agreements etc. I will need to see everything that contributed to the dispute.

                          9. When did you last make payment towards the account? If it was more than 6 years ago, please tell me straightaway as it is likely to be time barred under The Limitation Act 1980.

                          10. If you have an active thread on the subject, either do not update it while I am working on your case or consider VIP membership where you can share your fightback journey in privacy.
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #14
                            Re: BW Legal

                            In hand btw x
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                            I am proud to have co-founded LegalBeagles in 2007

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                            Comment


                            • #15
                              Re: BW Legal statutory demand

                              UPDATE: Application to set aside statutory demand successful in that Lowell Portfolio agreed to withdraw the demand and pay Zeus legal costs.

                              Congratulations!! :beagle:
                              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                              I am proud to have co-founded LegalBeagles in 2007

                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                              Comment

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