• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Walker love about to serve statutory demand from lowells statute barred debt scot

    Hi
    The statutory demand is dated 16th December 2013. Walker love first contact with me was a card through the door on 9th Jan 2014.
    The demand looks correct however right at the back is a page which states the following : -
    Statutory Demand
    Explanation of Denial
    If you deny the debt referred to in the attached Statutory Demand, or any part thereof, please state your explanation for such denial in full.

    It then asks me to sign address and date this denial.
    As stated this is attached to the stat demand in such a manner that one would think it was part of the official form.

    Comment


    • #17
      Re: Walker love about to serve statutory demand from lowells statute barred debt scot

      Now look at the official form, from the link I gave above.

      There is no requirement stated for an explanation of one's denial of liability.

      Comment


      • #18
        Re: Walker love about to serve statutory demand from lowells statute barred debt scot

        Anoher thread on very similar issue here in last few days :- http://www.legalbeagles.info/forums/...ng-denial-slip

        Plus possibly this is you as well ?? at least very similar - http://www.consumeractiongroup.co.uk...rs-Walker-Love
        (completely fine btw just posting it for complete picture incase things come up in your other thread which get missed here, and vice versa)

        Seems Walker Love are having fun.
        #staysafestayhome

        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #19
          Re: Walker love about to serve statutory demand from lowells statute barred debt scot

          Hi Clever Clogs
          Your right.
          So with a lay mans eye the first six pages look genuine however with the attachment of this rogue seventh page requesting a full explanation this would make the whole statutory demand incorrect and therefore void.
          Obviously to safeguard myself I am going to deny the debt within the timeframe.
          What's the thought on me seeking advice to see if I can highlight this misuse of the statutory demand ?

          Comment


          • #20
            Re: Walker love about to serve statutory demand from lowells statute barred debt scot

            Hi Amethyst

            Thanks for the links.
            The consumer action group one isn't me but I did post on another site which directed me to Legalbeagles.
            As per the linked thread above my stat demand has this rogue explanation of denial .
            should I just return the whole form denying the debt but leave this last page empty ?
            the last thing I want to do is give them an inch.

            Comment


            • #21
              Re: Walker love about to serve statutory demand from lowells statute barred debt scot

              Someone has posted this this evening http://www.legalbeagles.info/forums/...6&d=1390249255 from
              http://www.legalbeagles.info/forums/...ls-Help-please which I thought might be of interest - it has the same final page I believe.
              #staysafestayhome

              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
              Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #22
                Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                Yes that's the same final page I received.
                My thoughts are to detach this page and return the stat order with just a denial of the debt.
                As previously mentioned above the original statutory order does not appear to ask for a reason for denial.

                Comment


                • #23
                  Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                  In Scots law it does appear a bare denial is sufficient to stop proceedings so if you have a defence against the debt then I don't see a reason for or against completing that page to be honest. I am not au fait with Scots law though I'm afraid I only know what I have looked up in the last couple of days. Maybe a call to a solicitor (any sequesration solicitor with free half hour should be able to answer a quick question about that final page) ?
                  #staysafestayhome

                  We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
                  Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                    I've done some investigation into these Scottish statutory demands.

                    Simply fill in the denial slip and this will stop the proceedings toward bankruptcy.
                    The creditor will have to consider court action instead of bankruptcy. Ignore the 'details of denial' page which seems to have been 'added' to the usual SD paperwork.

                    My own firm Howlett Clarke does not cover Scottish jurisdiction cases, so as we had a few of these, I spoke with a solicitor called Mark in Edinburgh. He explained the statutory demand system in Scotland; which is very different to England.

                    He has offered to join the forum and offer legal advice on Scots legal issues, so keep an eye out for him in the coming days. He also deals with Parking Charge cases and Tenancy Deposit recoveries.

                    I'll introduce him when he joins up. But in the meantime, it looks like these Scottish Lowell stat demands will be very simple to clear up. :tinysmile_grin_t:
                    "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

                    Comment


                    • #25
                      Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                      Thank you to everyone who has commented on this thread.

                      I could have cried with relief reading all your input.

                      I will hold off posting the denial for a week or so then send it recorded first class so it arrives within the timeframe.
                      time is very much on my side so will use it to the full.

                      Still a bit naughty of lowells to add a further denial page to a legal document. I am unsure how that would be viewed if tested in court.

                      Comment


                      • #26
                        Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                        Hi - I am "Mark" the Scottish solicitor Celestine refers to above and confirm that she is spot on with this. In Scotland a Statutory Demand against an individual is defeated if the denial slip is completed and returned to the creditor before it expires (and this even if there is no good basis for denying the debt).

                        Comment


                        • #27
                          Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                          Hi Mark - Thanks for joining us. A very warm welcome to you from all the Beagles :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

                          Comment


                          • #28
                            Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                            Originally posted by markharro View Post
                            Hi - I am "Mark" the Scottish solicitor Celestine refers to above and confirm that she is spot on with this. In Scotland a Statutory Demand against an individual is defeated if the denial slip is completed and returned to the creditor before it expires (and this even if there is no good basis for denying the debt).
                            Astounding, but clearly true then.

                            You can see why Lowell etc added the extra page......

                            Welcome.

                            Comment


                            • #29
                              Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                              A big thank you to everyone who gave me advice and guidance over the last couple of weeks.
                              Posted the official denial slip back , recorded delivery, today.
                              was unsure if I should have posted to BW or Lowells so I send one to each , both with a wet signature.
                              The balls in their court but time is on my side.

                              Comment


                              • #30
                                Re: Walker love about to serve statutory demand from lowells statute barred debt scot

                                Originally posted by Nibbler View Post
                                You can see why Lowell added the extra page......
                                Yes.

                                They have clearly shewn their usual disdain for the appropriate and correct legal process.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X