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SCOTLAND Stat Demand

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  • SCOTLAND Stat Demand

    Posting here as I have just this minute joined the forum. Would like to say hello to everyone and a big thanks to the website owners for accepting me into this fabulous mine of helpful information. Just to be absolutely clear, I will be the one needing help very soon, and not the one giving help, well not yet anyway. I have spent the last few days reading a vast amount of communications between worried individuals like myself and the very constructive replies from you guys, you are very much like legal angels and I need an angel to help me out. The world of debt is a horrible place to be so its nice to know that there are people like you to help take the pain and strain out of what for some of us is our worst nightmare, thank you, and thanks for this place, for some weird reason I feel a bit better just by writing this post.
    Tags: None

  • #2
    Re: hello and thank you

    Originally posted by alscotland View Post
    worried individuals like myself and the very constructive replies from you guys, you are very much like legal angels and I need an angel to help me out.
    Hello and welcome to LB. What's the problem causing you so much grief

    Comment


    • #3
      Re: hello and thank you

      Hello and thanks for posting a reply alsation. On Monday of this week I received an appointment letter for statutory demand from Walker Love under the bankruptcy act (Scotland) 1985, section 7(1)(d). They say they have attended this (my) address, without meeting me. My wife is at home 24/7 and recollects that no-one has visited that she knows of. They will be visiting again tomorrow 30/1/2014 with the purpose of serving the demand to me personally. There is no mention of who they are representing or how much the debt is for. To say that I'm worried about this is the understatement of the year, I'm pretty much terrified of how to approach them when they do turn up, and what to do after they leave.

      Comment


      • #4
        Re: hello and thank you

        Originally posted by alscotland View Post
        On Monday of this week I received an appointment letter for statutory demand from Walker Love under the bankruptcy act (Scotland) 1985, section 7(1)(d). They say they have attended this (my) address, without meeting me. My wife is at home 24/7 and recollects that no-one has visited that she knows of. They will be visiting again tomorrow 30/1/2014 with the purpose of serving the demand to me personally.
        That's an easy one. We have someone on here who specializes in Scottish SD law so I'll send him a quick PM with a link to your thread

        In the meantime if you're not at home tomorrow when the server arrives then you won't get served with the SD will you? No one says you have to wait in for the man. Let him come back another day when you've had time to collect your thoughts and get some help from us first.

        I'm told the easy part is all you have to do is return a "Denial Slip" and the whole thing goes away. Here's a link to where we all discussed this simple process the other day. Read the whole thread where you will see that we were just as surprised as you will be that you have nothing to fear:

        http://www.legalbeagles.info/forums/...197#post404197

        Comment


        • #5
          Re: hello and thank you

          Originally posted by alscotland View Post
          There is no mention of who they are representing or how much the debt is for.
          Now on to the next thing. Just because it seems they can't make you bankrupt (or sequestration since you live in Scotland) if you get the paperwork filled out correctly that doesn't necessarily mean they won't try another route such as court proceedings further down the line so it makes sense to try to work out who is chasing you for the alleged debt.

          I'm going to start by suggesting it may be Lowell Portfolio because they have issued a load of these SDs in the last couple of weeks using Walker Love to serve them on people personally. Lowell is a debt purchaser and they may have bought an old account of yours.

          Think back to any overdraft or credit card etc which you may have got into difficulties with in the past. A lot of Lowell's debts turn out to be statute barred so they can't claim them anyway. If you can think of any debt which you haven't paid a penny towards in the last five years (because you're in Scotland) then that would help us guide you even more.

          If you are there when the man comes tomorrow simply post up on here what you receive and we'll take it from there. Don't send back the Denial Form until you've been back in touch. It seems that Lowell may be enclosing an extra page with these SDs which they may not be allowed to do. But we're on to them :nerd:

          Relax

          Comment


          • #6
            Re: hello and thank you

            PM sent to Mark with link to this thread

            Comment


            • #7
              Re: hello and thank you

              Originally posted by alscotland View Post
              Hello and thanks for posting a reply alsation.
              Actually my name is Plan B. The word "Alsatian" refers to my breed, although I can assure you that's only in cyberspace not in real life :doggieyes:

              Comment


              • #8
                Re: hello and thank you

                Hi Plan B asked me to comment. I am a Scottish solicitor dealing in debt matters and can confirm that there is nothing to worry about with service of a statutory demand as long as you respond to it in the "right" way. It has to be served on your personaly but, even if it is, by denying the debt by sending back the denial slip attached within the time period to respond, its effect is nullified.

                Of course, the creditor may then decide to sue you in the courts, but that is a lot more long winded and a solicitor such as myself could advise you on any defence available if that happened!

                Comment


                • #9
                  Re: hello and thank you

                  Originally posted by alscotland View Post
                  To say that I'm worried about this is the understatement of the year, I'm pretty much terrified of how to approach them when they do turn up, and what to do after they leave.
                  I told you Mark would put your mind at rest

                  Originally posted by markharro View Post
                  Hi Plan B asked me to comment.

                  . . . . and can confirm that there is nothing to worry about with service of a statutory demand as long as you respond to it in the "right" way. It has to be served on your personaly but, even if it is, by denying the debt by sending back the denial slip attached within the time period to respond, its effect is nullified.

                  Comment


                  • #10
                    Re: hello and thank you

                    Thank you Plan B and Mark for your replies and advice. I will let you know what happens to-morrow after they have been and done their business. I am working at the present moment and my shift is early morning starts, 01.42am to be exact. I don't finish until 10.30am, hence why I haven't responded this afternoon/evening as I was trying to sleep. I'm only mentioning this incase you thought I wasn't bothering, far from it. Will be in touch as soon as I can. Thanks again.

                    Comment


                    • #11
                      Re: SCOTLAND Stat Demand

                      Hello and sorry for not getting back sooner as i said, i have been pretty much gutted since being served with the SD on Thursday 30th January. The sheriff officers ( two men) turned up around 11.30 am and issued me with a two page letter with bwlegal heading. The first part of this letter was to inform me that they were acting on behalf of their client, Lowell Portfolio 1 Ltd.

                      Balance due : 5,515,49
                      Original Creditor : Account Number 1 : Home Retail Group Card Services Ltd
                      Original Creditor : Account Number 2 : Shop Direct Financial Services Ltd
                      Original Creditor : Account Number 3 : Shop Direct Financial Services Ltd

                      The letter then went on to say that : With this letter, you will have been served with a Statutory Demand by our sheriff officer. The letter ended with a telephone number to call to discuss the matter further, ending with a signature and bold BW LEGAL.

                      After issuing me with this, the sheriff officer said he had further paperwork to give me and that he would return to his vehicle and fill in the details.

                      He was back at the door again within 5 minutes with the Statutory Demand which i was handed and could do nothing but accept. He explained briefly the importance of dealing with the demand and asked me how i was going to make payment, would it be through my bank, to which he produced a pen from his pocket and was awaiting details from me. I told him i did not recognise the amounts of money detailed and would seek advice, at which point he put his pen back in his pocket and both men then left. The officer i was talking to was not abrupt or harassing in any way, i suppose he was just doing his job.

                      The SD has 7 pages in total,
                      Page 1 : Explanation of the demand, and warning to the person receiving the demand.
                      Page 2 : Agreement(s) default notice date-debt balance due-naming all 3 creditors and amounts they seek. One debt is just over 3000 by a few pounds
                      Page 3 : Sum due to the creditor with explanations, signed by someone and dated 21 January 2014.
                      Page 4 : Docquet Of Service, completed by Sheriff, cant really make out the date he wrote as it is written (letters) not numbers. the witness was supposed to fill his/her part in block letters, but chose to write in his own handwriting, so cant be clear of his name and address.
                      Page 5 : Notes for debtor
                      Page 6 : Denial Slip
                      Page 7 : Explanation Of Denial

                      I dont know what to do next. The amounts of sums owed have obviously grown and passed around since i last was able to pay any creditor back in around march 2009 after being made redundant and jobless for around a year and a half after.

                      Comment


                      • #12
                        Re: hello and thank you

                        Just to let you know a bit about me. Im just an ordinary guy, married, three kids, three step kids, one who still lives with my wife and i (21 year old) and six beautiful grand daughters. I took on a mortgage on a modest mid terraced house quite late in life as i had a good jod as a metal worker earning good money. After 14 years in the job i was made redundant and boy did things change for us. Not being able to find another job my redundancy was paying for everything, that means all the bills, mortgage, creditors, household bills, the lot. i managed to keep things on an even keel up until the money was all gone and i was left with almost nothing. I had to ask for help from my son in law to pay the mortgage may 2009, hence i had to stop paying creditors and concentrate on mortgage, council tax and minimum house keeping bills. I signed with an agency in June of 2009 and started getting some money back into the household but it still was'nt enough as advised by cab, who could'nt help with any repayment schemes as i had'nt enough money to put in the pot as they said. I have worked agency for the same employer since starting in 2009, who eventually offered me a full time 39 hour per week job in December 2011. To date i am still working and things are not great, but much better. I have never recovered from reaching rock bottom but i'm trying hard to keep my chin up, and then this. How many times can you get kicked to the ground and keep getting up, i want to sort all of this and feel good again about life, just dont see how its going to happen.

                        Comment


                        • #13
                          Re: hello and thank you

                          Originally posted by PlanB View Post
                          It seems that Lowell may be enclosing an extra page with these SDs which they may not be allowed to do.
                          Can we get the turds extradited so they may serve time in Barlinnie or Peterhead?

                          Comment


                          • #14
                            Re: SCOTLAND Stat Demand

                            Hi everyone, my clock is ticking away and it's deadly quiet in the Scottish forum. If there is anyone out there that can offer any advice, or knows someone who can please please post. Reading around the forum's does give information on dealing with this horrible problem, but i am sure any individual having this (SD) put upon them, needs a little direction to suit their individual, personal situation. Anyone !

                            Comment


                            • #15
                              Re: SCOTLAND Stat Demand

                              Sorry alscotland you seem to have gotten missed somewhere along the line.

                              In Scotland you just need to return the denial slip on page 6 - you can ignore page 7 as this is not part of the formal statutory demand forms.

                              Returning the denial slip stops any sequestration action and the claimants would then have to go through the courts.

                              Once you have sent the denial slip back you can get on with looking into these debts, with sending off CCA requests to check the debts are valid, and obtaining statements of account to check the amounts you actually owe, if any, and then we can have a look at all the other debts and see what you can do about getting back on an even keel again.

                              But first thing to do is get page 6 sent back.

                              As Mark mentioned earlier - ''by denying the debt by sending back the denial slip attached within the time period to respond, its effect is nullified.
                              ''
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