SCOTLAND Stat Demand

[Amethyst]

Re: SCOTLAND Stat Demand

''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. ''


You have mentioned problems you had after redunancy with paying your mortgage - are you back on track with that or did it go to repossession? Of course bankruptcy would have the effect of wiping the slate and enable you to start over, but need to know about the property situation.

[alscotland]

Re: SCOTLAND Stat Demand

Hello Amethyst, thank you for brightening up this post by replying, appreciate every word. Yes i was down at that time but not out as family helped to fund that one mortgage payment back in may 2009. I found agency work and sold many posessions to keep afloat and continue paying the mortgage, council tax and other minimal household bills. I have never missed a payment on any of the above and all are up to-date.

[Amethyst]

Re: SCOTLAND Stat Demand

Fabulous to hear, well done, so you don't want sequestration then at all..... In that case get that page 6 denial slip sent back, then we'll have a look at these debts before any court action is taken, see what you can sort out. xxx

[alscotland]

Re: SCOTLAND Stat Demand

Thank you Amethyst, i'll get on with that now. Have a great day and thanks for the fabulous work you and the rest of your team do.

[alscotland]

Re: SCOTLAND Stat Demand

Hello guy's n gals, just an update as to where i am at the moment. This has, i must admit been the worst nightmare i have tried to deal with so far, and god i've had a few in the past 5 years. I have as yet not sent back the denial slip as my serious side is telling to deal with it and get it sorted. I knew there were debts that had not been getting paid as i had only enough income to pay the most important bills, mortgage, council tax etc. If this demand were to go all the way to bankruptcy proceedings, and won by Lowell/bw legal (whoever), then all of that struggle would have been for nothing. I knew deep down inside that this was going to come back and bite me on the bum as we say up here, although if CAB had not turned me away almost 4 years ago now, there's a chance i might not have been in this position now. Unfortunately i cant turn back the clock and i've decided to contact Lowell or BW Legal, not really sure who yet, but BW Legal state i have until 20th February to make contact and offer payment solution.
I have sat down with my wife and tried to work out what money we have and anything that we can cut down on. My intention later today is to offer them a repayment of £50.00 per month, without any admission of liability, and freeze any interest charges immediately. I hope they will agree to this and allow me to eat and sleep again. I have been selected a juror of the courts six times in my life, but other than that courts terrify me and the thought of all of this has me physically sick inside.

Any thoughts from you guy's appreciated and sorry for feeling like i've let you down, i feel i have to do whats right, it's always been my nature. kind regards.

[Celestine]

Re: SCOTLAND Stat Demand

Its great that you want to do whats right, BUT BW Legal are NOT doing what is right.

If you send back the denial slip, you will stop this bankruptcy DEAD.

Then Lowell have to do things properly by perhaps considering a County Court claim.

Do not think they have beaten you, far from it!

[CleverClogs]

Re: SCOTLAND Stat Demand

I have as yet not sent back the denial slip as my serious side is telling to deal with it and get it sorted.

That can best be done by sending back the denial slip.

If this demand were to go all the way to bankruptcy proceedings, and won by Lowell/bw legal (whoever), then all of that struggle would have been for nothing.

Exactly. So why faff around any longer and risk giving those devils an easy victory?

Unfortunately i cant turn back the clock and i've decided to contact Lowell or BW Legal, not really sure who yet, but BW Legal state i have until 20th February to make contact and offer payment solution.

I would not believe anything those feckers might state.

I have sat down with my wife and tried to work out what money we have and anything that we can cut down on. My intention later today is to offer them a repayment of £50.00 per month, without any admission of liability, and freeze any interest charges immediately. I hope they will agree to this

They won't - why the buggery should they?

What is right is to deny their demand.

Bear in mind that Bowells will have bought the alleged debt for a few per cent of its nominal value and that they hope to make hundreds of per cent profit from the deal by making the alleged debtor pay the entire nominal value of the alleged debt. I believe they have all the morality of a vampire.

It is also almost certain that, if you were to request copies of the agreements from Bowells, under section 78 (link) of the Consumer Credit Act 1974, they'd not be able to produce anything and thus, under section 78(6) of that Act, they would not be entitled to obtain judgement against you.

[alscotland]

Re: SCOTLAND Stat Demand

Thank you for your feedback and also making me question myself of actions to concede. I am in no way legally minded as you are probably aware. I am in fact in a desperate state of mind, which is not helping me make decisions.

The denial slip has two options,
*(3) That i owe you the sum demanded
*(4) That i have to pay you the sum demanded immediately

If i choose to take your advice, do i leave both as they are,

The wording states
*Delete if inapplicable (3) and (4). Only delete (3) if you accept that you owe the whole of the sum demanded, but retain (4) if you are denying that you have to pay that sum immediately.

I'm so sorry to be a pain, but my head is wasted, do i put a pen mark through any of those (2), or leave both as they are.

If i do this, it must be done this afternoon to give it time to get to them in time. I was served 30th January, 18 days would be up on Sunday 17th feb.

Also, would i send the denial slip to Lowell portfolio 1 or BW Legal. The demand states that Lowell are the creditor, but my wife thinks we should be sending it to BW Legal. I'm beginning to lose the plot.

Thank you everyone, i really wish i had more self knowledge, so it's good to have your help.

[CleverClogs]

Re: SCOTLAND Stat Demand

Its great that you want to do whats right, BUT BW Legal are NOT doing what is right.

Do they ever?

If you send back the denial slip, you will stop this bankruptcy DEAD.

Then Lowell have to do things properly by perhaps considering a County Court claim.

They'd try a County Court claim against a Scottish defendant who resides in Scotland?

How well do you suppose that might work?

[CleverClogs]

Re: SCOTLAND Stat Demand

The denial slip has two options,
*(3) That i owe you the sum demanded
*(4) That i have to pay you the sum demanded immediately

If i choose to take your advice, do i leave both as they are,

I'd delete (4) as a denial that the money demanded is actually owed.

Also, would i send the denial slip to Lowell portfolio 1 or BW Legal. The demand states that Lowell are the creditor,

Then that is to whom it must be sent, by 1^st class Recorded Delivery.

Yes, I know it will cost money and your ancestors may turn over in their graves at such wanton profligacy, but needs must...

but my wife thinks we should be sending it to BW Legal.

As it would be unwise to trust those buggers, it would be as well to photocopy the whole Statutory Demand and send another denial (again, by 1^st class Recorded Delivery) to BW Legal. Ignore the rumbling sounds from the cemetery. :grin:

[Amethyst]

Re: SCOTLAND Stat Demand

Just for guidance (I hope)

[alscotland]

Re: SCOTLAND Stat Demand

Hi Amethyst, i just hope i'm going down the right route here as their next step may cause just as much trouble for me. I used all of my redundancy and savings keeping up the important payments, mortgage, council tax etc for around a year and a half with no job. If they take me to court, that will no doubt cost me on lawyers fees which i know i wont be able to afford. I could'nt fight these people in court on my own. My family and i live on my take home pay, 80 pounds from my daughter who just started full time 2 weeks ago and a small pension from a previous employer. We get by but only just, with a little left over, and i know that you guys deal with this every day, but most of us dont and its heart wrenching.

[ostell]

Re: SCOTLAND Stat Demand

I wouldn't worry about lawyers etc at the moment. You may be able to get help for free. Someone will be along in a moment to expand on that.

[alscotland]

Re: SCOTLAND Stat Demand

Hello ostell, thank you for coming by with more info and for taking an interest in my problem post. You guys have a lot to deal with throughout so many thanks.
I'm just back from the post office and have sent the denial slips back to both parties by special delivery, so i took the advice from the legalbeagles and have went for it.

[enaid]

Re: SCOTLAND Stat Demand

Hi alscotland,
Just adding in my pennies worth as I often do, think anyone on here will tell you that you must do what's best for you and yours.
Reading your thread I can see you are worried about taking steps other than offering to pay. I also think it may be a case of you thinking what if..........
You say dealing with this is heart wrenching , it is indeed, but it is also heart wrenching when we see people being abused often through pure bad luck and not simply bad management.
Good Luck,
Enaid x