SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial slip

[DanielFergus]

Lowell

[wales01man]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

If the loan is in your name how can you deny it?

[DanielFergus]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

What I mean is they have named only me against the loan in the SD. I have edited to clarify

[PlanB]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

I arranged to pick up the papers from Walker Love offices on my lunch break on Tuesday (14th). SOfficer I spoke to on the phone was amiable but suspiciously keen to find out if the loan with Lloyds TSB meant anything to me but I dismissed this. He was also quite keen to meet me at my place of employment to serve the papers if that was more convenient when I mentioned it was not too far from their Glasgow office.

So I went along to the office, was met by another officer who presented the papers

With the greatest of respect have you gone mad? You actually went to the process server's (sheriff since you are in Scotland) office to collect a SD for an alleged debt which you dispute? :faint:

I'll be back in a minute.

[DanielFergus]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

With the greatest of respect have you gone mad? You actually went to the office to collect a SD for an alleged debt which you dispute? :faint:

I'll be back in a minute.

Yes because I did not know that it was an SD until I picked it up and frankly didnt know SDs exist at that point.

And I couldn't get any advice because no-one was willing to offer any without clarification of what action was being taken.

It was actually a relief to find out it was an SD and what an SD meant and so get a degree of certainty

But I probably am a bit slightly mad yes :crazy:

[PlanB]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

the SD is from BW on behalf of Lowell. The default date quoted is 2010 when I was living with my now separated wife and our finances were entangled in a debt spiral. We split in 2011 on amicable terms and perhaps unusually I remained in the marital home whilst she moved to the town she grew up in by mutual consent.

Anyway, SD is in my name only and I am denying liability which is where I am looking for a bit of help.

If this was a joint debt with your wife then you would have been jointly and severely liable which means the creditor can chase either of you for the whole amount. It seems they've chosen to chase you

Having said that the next thing to do is establish whether the debt is enforceable or not. What paperwork do you have in relation to this loan?

[PlanB]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

the SD contains the following info

Original Creditor: LTSB
Account Agreement no: XXXXXXXXX
Agreement type: Unsecured loan
Default notice date: June 2010
Debt due: 23K
Notice of Assignment: July 2013

Okay. Just between you and me and anyone else reading this thread what do you know about this £23k debt. Was it a credit card, personal loan or an overdraft facility? What happens next depends on your answer to my question

[DanielFergus]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

Okay. Just between you and me and anyone else reading this thread what do you know about this £23k debt. Was it a credit card, personal loan or an overdraft facility? What happens next depends on your answer to my question

I have no paperwork in relation to this loan. It is listed in the SD as Unsecured loan as outlined above. That's why I referred to it as a loan.

Have you any advice re the denial slip?

[Nibbler]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

If you are denying that you owe this, then you would leave both statements intact.

If you are not sure, then as the explanation notes says,

4. If you are in any doubt as to–

(a) whether you owe the sum demanded or any part of it; or

(b) whether the sum demanded or any part of it must be paid immediately; or

(c) whether any details mentioned in connection with the debt(s) in paragraph 2 and 3 of the form are correct; or

(d) about what you should do with this form or its implications,

you should seek advice immediately from a solicitor, insolvency practitioner, money adviser or from a Citizens Advice Bureau.

In addition, there is also attached an page entitled "EXPLANATION OF DENIAL" Subheaded - "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:-"

Am I obliged to complete this?

I see no such page on the official forms? Least not the version I have looked at. Possible the creditor has added that one on, as I see nothing that specifies you must include a reason for denial. Odd.

[Celestine]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

What year was the loan account started!
The most urgent next step is a s.77 CCA request? (I'm on my phone so can't post template)
when was payment last made towards debt?

[Amethyst]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

Scotland form should be.... http://www.aib.gov.uk/publications/f...atutory-demand

3. The sum demanded is immediately payable and consists of a liquid debt or debts in that
(f) ______________________________
_________________________________
_________________________________


4. If you believe

—that you do not owe me/the creditor* the sum demanded or any part of it, or
—that you do not have to pay the sum demanded or any part of it immediately to me/the creditor*

you must IMMEDIATELY fill in the DENIAL SLIP at the end of this form (or a copy of it) and post it, or a letter to the same effect to the creditor by RECORDED DELIVERY POST so as to arrive within 3 weeks after the date of service of this Demand on you (this date is shown in the Docquet of Service below).


5. If, however, you accept

—that you owe me/the creditor* the sum demanded and
—that you have to pay the sum demanded immediately to me/the creditor*

you must, within the 3 week period mentioned in paragraph 4 above, pay it to me/the creditor* or find security for its payment.

6. If, within the 3 week period mentioned in paragraph 4 above, you have not taken the steps mentioned in either paragraph 4 or 5 above, you may be made bankrupt by the court, and your property and goods put into the hands of a trustee for the benefit of all your creditors.

DENIAL SLIP


To be completed in the circumstances described in paragraph 4 of the Demand Form or in the notes for Debtor 2 and 3.

Note You must fill in and sign this Denial Slip. Tear it off and post it immediately to the creditor by RECORDED DELIVERY POST to arrive within the three week period mentioned in paragraph 4 of the Demand Form.

(a) Insert name and address of creditor To (a) ________________________________
______________________________________
______________________________________
______________________________________
I refer to the demand served on me on


(b) Insert date of service of Demand as shown in the Docquet of Service.

(b) ___________________________________
I DENY



* Delete if inapplicable
Only delete (c) if you accept that you owe the whole of the sum demanded but retain (d) if you are denying that you have to pay that sum immediately.


*(c) that I owe you the sum demanded
*(d) that I have to pay you the sum demanded immediately
Signature of Debtor

[Nibbler]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

Scotland form should be.... http://www.aib.gov.uk/publications/f...atutory-demand

Yep.

At this stage the OP shouldn't be worrying about how to fill in the denial slip; there is time. Need to extract some info from the OC/DCA on what this is and comprises of first if possible.

[PlanB]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

At this stage the OP shouldn't be worrying about how to fill in the denial slip; there is time. Need to extract some info from the OC/DCA on what this is and comprises of first if possible.

^^^^ in case it turns out to be undeniable

[FlamingParrot]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

What year was the loan account started!
The most urgent next step is a s.77 CCA request? (I'm on my phone so can't post template)
when was payment last made towards debt?

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[Amethyst]

Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

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.

Have posted on Dodemac's thread too.