Walker love about to serve statutory demand from lowells statute barred debt scotland

[Dodemac]

Hi
I came home a few days ago to a card through the door from walker love stating they were looking to serve papers / discuss a legal matter.
To date I have not contacted them as I have had no previous dealings with this company.
From reading the boards I assume this will be Lowell serving me with a statutory demand for a debt I last paid anything to in 2008.
This was a Lloyds loan I defaulted and Lowell subsequently purchased in 2012.
I have had no direct communication with Lloyds or Lowell since 2008. As stated above my last payment was an ordinary loan repayment sept / oct 2008.
My understanding is that in Scotland the timeline for the statutory demand will not commence until the papers are served .
Am I best to bite the bullet and contact walker love or stay quiet and wait on them catching me in ?

[FlamingParrot]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Hi
I came home a few days ago to a card through the door from walker love stating they were looking to serve papers / discuss a legal matter.
To date I have not contacted them as I have had no previous dealings with this company.
From reading the boards I assume this will be Lowell serving me with a statutory demand for a debt I last paid anything to in 2008.
This was a Lloyds loan I defaulted and Lowell subsequently purchased in 2012.
I have had no direct communication with Lloyds or Lowell since 2008. As stated above my last payment was an ordinary loan repayment sept / oct 2008.
My understanding is that in Scotland the timeline for the statutory demand will not commence until the papers are served .
Am I best to bite the bullet and contact walker love or stay quiet and wait on them catching me in ?

Hi and welcome

If you are in Scotland, the limitations period is just five years, after which the debt is extinguished. :thumb: If you haven't paid since 2008, then Lowell are chasing your for a debt that doesn't exist! :grin: :grin: :grin:

The timeline to apply for set aside starts from date of service. Lowell almost invariably pre-date them by 2 to 3 weeks, that's been the case with virtually everyone here, but that counts for nothing.

Cel, one of the site owners, makes a living setting aside SDs, mostly from Lowell, so if they serve you with one, you couldn't be in better hands. :yo: :yo: :yo:

[Dodemac]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thank you for the reply and reassurance.
i really don't know if I should contact walker love or just wait on them calling when I'm home.

[CleverClogs]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

If you are in Scotland, the limitations period is just five years, after which the debt is extinguished. :thumb:

Not quite. If you read the Prescription and Limitation (Scotland) Act 1973 (link) with the channelled mindset of an Edinburgh advocate who looks like the wind changed just as he was sucking bitter lemons and his face got stuck like that as a result, you'll see that only the obligation to repay the debt has been extinguished.

If you haven't paid since 2008, then Lowell are chasing your for a debt that doesn't exist! :grin: :grin: :grin:

The debt has not been forgiven, nor has it been deemed to have been forgiven. It's just that there is now no obligation to repay it.

The timeline to apply for set aside starts from date of service. Lowell almost invariably pre-date them by 2 to 3 weeks, that's been the case with virtually everyone here, but that counts for nothing.

I have an idea that, if Bowells were to try such a trick in Scotland, the Scots Courts would take a rather dim view of such apparent contempt for the law.

[PlanB]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

How much is the debt? In Scotland you can't petition for BR for a debt less than £3k which Lowells may not be intelligent enough to know

[FlamingParrot]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Not quite. If you read the Prescription and Limitation (Scotland) Act 1973 (link) with the channelled mindset of an Edinburgh advocate who looks like the wind changed just as he was sucking bitter lemons and his face got stuck like that as a result, you'll see that only the obligation to repay the debt has been extinguished.

The debt has not been forgiven, nor has it been deemed to have been forgiven. It's just that there is now no obligation to repay it.

Same difference! :grin:

The fact is, there is nothing to repay, thus issuing a SD would be pointless, unless Cel can get co$t$... :grin: :wof: :grin:

[FlamingParrot]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thank you for the reply and reassurance.
i really don't know if I should contact walker love or just wait on them calling when I'm home.

I would just wait for them, since the 18 days to apply for set aside start from the date of service anyway. :thumb:

I'm sure Cel will be standing by... :wof: :wof: :wof:

[Dodemac]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thank you for all the replies.
I will just wait on walker love catching me in rather than chase them up.
again I really do appreciate all the advice

[PlanB]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

I will just wait on walker love catching me in rather than chase them up

In the meantime how much is the alleged debt?

How much is the debt? In Scotland you can't petition for BR for a debt less than £3k

[PlanB]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

i really don't know if I should contact walker love or just wait on them calling when I'm home.

If the process server called at your home and found you were not there to serve the SD on you personally then the SD can be served by post or they can simply stick it through your letterbox.

https://www.gov.uk/statutory-demands...atutory-demand

[Dodemac]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thank you for the advice .
my understanding is that a statutory demand in Scotland needs to be served on the debtor by a sheriff officer.
i could be wrong as I have exactly one weeks experience of dealing with this.
with regards to the amount it is greater than £3000

[FlamingParrot]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thank you for the advice .
my understanding is that a statutory demand in Scotland needs to be served on the debtor by a sheriff officer.
i could be wrong as I have exactly one weeks experience of dealing with this.
with regards to the amount it is greater than £3000

You may want to look at this: http://www.moneyadvicescotland.org.u...mandforpayment

Statutory Demand for Payment of Debt

The statutory demand is basically a formal demand by a creditor giving the debtor 21 days to repay a debt. The demand must be in the proper form (Form 1) (click here to view a Scottish Statutory demand) and be served by a Sheriff Officer personally on the debtor.

A creditor may use a statutory demand where the debt amounts to not less than £1,500 but this would not make them a “qualified creditor” so they would have to join with other creditor/s to reach the qualifying level of £3,000 in order to petition for a debtor’s sequestration.

If within 3 weeks after the date of service of the demand the debtor has not:
(i) complied with the demand;
Or
(ii) intimated to the creditor, by recorded delivery, that he denies that there is a debt or that the sum claimed by the creditor as the debt is immediately payable.

The creditor can then petition for the debtor’s sequestration.

The debtor has two options:

They can deny -
1. that I owe the you the sum demanded
2. that I have to pay you the sum demanded immediately

Any of these two options may genuinely apply to the debtor and they should fill in the denial slip accordingly.
However, it is the case on many occasions that the knowledgeable or streetwise debtor will send back the slip denying the debt whether it is the case or not thus avoiding sequestration.

So there are two ways to view the statutory demand depending on the client’s circumstances:

1. If the debtor wishes to be sequestrated and it is the best option in the circumstances, they do nothing. Then after three weeks have passed the debtor is deemed to be apparently insolvent and can petition for their own sequestration

2. If the debtor does not wish to be sequestrated, perhaps as they own their home, they should send back the slip (recorded delivery) denying the debt. This prevents apparent insolvency kicking in and therefore the creditor cannot petition for the debtor’s sequestration.

[Dodemac]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thanks again for all the advice and links.
sheriffs officer called Sat am and served me.
It was a stat demand from Lowells for a Lloyds debt I last paid / acknowledged in oct / nov 2008.
Debt is for over £3000.
Can anyone help me with what I should put on the stat demand as an explanation of denial.

[Inca]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Ok,,toe dipped in water time for Inca,,,,,,,does this mean that as the debt is in Scotland 5 years it was SB in Nov 2013 and SB is an absolute defence ????

[CleverClogs]

Re: Walker love about to serve statutory demand from lowells statute barred debt scot

Thanks again for all the advice and links.
sheriffs officer called Sat am and served me.

So they chose to use someone other than a process server from Wänker Love?

It was a stat demand from Lowells for a Lloyds debt I last paid / acknowledged in oct / nov 2008.
Debt is for over £3000.

It is still time barred by section 6 (link) and schedules 1 (link) and 2(2) (link) of the Prescription and Limitation (Scotland) Act 1973

Can anyone help me with what I should put on the stat demand as an explanation of denial.

First of all, what is the date on the demand and what is the date on the docquet (sic) of service?

Bowells has the disgusting habit of dating Statutory Demands some weeks before they are served, perhaps with the intention to deceive alleged debtors into thinking that it can no longer be set aside.

I believe you may need more specialised help, as the official Form 1 Statutory Demand (.doc file link) has no requirement on it for an explanation of denial. Hence, it may be that Bowells have not used the correct form or, indeed, may have invented a form of their own.