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

[Dodemac]

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.

[CleverClogs]

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.

[Amethyst]

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.

[Dodemac]

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 ?

[Dodemac]

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.

[Amethyst]

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.

[Dodemac]

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.

[Amethyst]

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) ?

[Celestine]

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:

[Dodemac]

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.

[ScottishSolicitor]

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).

[Celestine]

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:

[Nibbler]

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).

Astounding, but clearly true then.

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

Welcome.

[Dodemac]

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.

[CleverClogs]

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

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

Yes.

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