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
LowellLast edited by DanielFergus; 18th January 2014, 18:10:PM.Tags: None
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by PlanB View PostMaybe 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.
http://www.legalbeagles.info/forums/...-Sequestration
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Guest repliedRe: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by markharro View PostThis 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!
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by markharro View PostThis 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!
http://www.legalbeagles.info/forums/...504#post405504
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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!
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by PlanB View PostIf 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
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Celestine View PostSeemingly the Scottish system recognises how devastating bankruptcy can be and does not allow it to be used frivolously.
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Celestine View PostI 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.
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Nibbler View PostSo 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.
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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:
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Celestine View PostI'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.
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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:
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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.
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Celestine View PostWhat 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?
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,
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Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s
Originally posted by Nibbler View PostAt 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.
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