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

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

    Lowell
    Last edited by DanielFergus; 18th January 2014, 18:10:PM.
    Tags: None

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

    Originally posted by PlanB View Post
    Maybe we should have a separate section on the site for all Scottish issues to single them out for Mark's attention and Mystery1? OPs don't always declare they're from Scotland in their first post so we sometimes set off down the wrong path.
    It seems I may have inspired a new section for Scottish debts which can now be found here:

    http://www.legalbeagles.info/forums/...-Sequestration

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

    Originally posted by markharro View Post
    This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!
    Can anything be done about Lowells (or Bowells as I call them) adding the "explanation of denial" section to the SD form?

    Leave a comment:


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

    Originally posted by markharro View Post
    This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!
    Mark, here is a customer needing help from you

    http://www.legalbeagles.info/forums/...504#post405504

    Leave a comment:


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

    This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!

    Leave a comment:


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

    Originally posted by PlanB View Post
    If that were to be the case then we could advise every Scottish debtor who receives a SD to simply return the denial slip and they would walk away from potential bankruptcy scot-free. This seems too good to be true to me :confused2: I may have to consider a house move north of the border if it is
    That is why I queried. It is hard to believe it is that simple or straightforward.

    Leave a comment:


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

    Originally posted by Celestine View Post
    Seemingly the Scottish system recognises how devastating bankruptcy can be and does not allow it to be used frivolously.
    Presumably this is why a creditor cannot petition for BR in Scotland for a debt below 3k - unlike the rest of the UK which has a modest 750 limit

    Leave a comment:


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

    Originally posted by Celestine View Post
    I spoke with a solicitor called Mark in Edinburgh . . .

    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.


    That will be good. Scotland lagged behind England & Wales with tenancy deposit legislation which they only introduced in 2011 (four years later than the rest of the country). They also have a completely different tenancy structure (not the AST we all know). I shall look forward to meeting him

    Maybe we should have a separate section on the site for all Scottish issues to single them out for Mark's attention and Mystery1? OPs don't always declare they're from Scotland in their first post so we sometimes set off down the wrong path.

    Leave a comment:


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

    Originally posted by Nibbler View Post
    So as long as the debtor can prove they returned the denial slip, then that can be used to squish any bankruptcy petition should the creditor ignore it and go ahead? Seems a little to simple to me, but law can be strange.
    If that were to be the case then we could advise every Scottish debtor who receives a SD to simply return the denial slip and they would walk away from potential bankruptcy scot-free. This seems too good to be true to me :confused2: I may have to consider a house move north of the border if it is

    Leave a comment:


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

    Yup it is a strange system, but it is MUCH harder to bankrupt or sequestrate someone in Scotland.
    Even if you forget to return the denial slip and a bankruptcy hearing takes place, the pressure is very much on the creditor to evidence the debt and prove that sequestration is the only remedy.
    Seemingly the Scottish system recognises how devastating bankruptcy can be and does not allow it to be used frivolously.

    I have a feeling this may be an ill fated foray by Lowell into the land of the fierce kilted people!! msl:

    Leave a comment:


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

    Originally posted by Celestine View Post
    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.
    So as long as the debtor can prove they returned the denial slip, then that can be used to squish any bankruptcy petition should the creditor ignore it and go ahead? Seems a little to simple to me, but law can be strange.

    Leave a comment:


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

    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:

    Leave a comment:


  • Amethyst
    replied
    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.

    Leave a comment:


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

    Originally posted by Celestine View Post
    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,



    Leave a comment:


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

    Originally posted by Nibbler View Post
    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

    Leave a comment:

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