SCOTLAND Stat Demand

[Amethyst]

Re: SCOTLAND Stat Demand

Hi xx

I know it can be devastating feeling like they are just going to rip everything you worked hard to keep on top of out from under you, but they won't, send the denial slip back and their only option then is to go to the court for summary cause (or possibly small claims if they have to do them separately being three different cause of actions).

If they did take you to court you should, if indeed they can prove the debts by supplying the correct paperwork under the consumer credit act (and lowell aren't very good at doing that to be honest), be able to get a simple affordable installment order to repay.

So the debts are;

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

Do you remember the dates each account was opened (approx month/year)?

So once you have returned the denial slip, you can write three letters separately to Lowells asking for copies of the agreements on each of those debts. You'll need a £1 postal order for each one.

Dear Sir/Madam

Re:− 000000000000

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive alegible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully




NAME

They then cannot enforce the debts until they have provided true copies of the original paperwork including all terms and conditions applicable at the time.


Also for future ref the scotscourts gov page has lots of info but I know it can sound a bit scary so anything you aren't sure of just ask.
http://www.scotcourts.gov.uk/taking-...s/small-claims
http://www.scotcourts.gov.uk/taking-...ause-procedure


Hope that helps a little bit.

Sharon
xx

[alscotland]

Re: SCOTLAND Stat Demand

Thank you enaid for your understanding post, it's nice of you to drop by and offer your support. You are a good bunch on here and i'm so glad i joined, kind regards.

[alscotland]

Re: SCOTLAND Stat Demand

Hi again Amethyst, i have sent back the denial slips to both Lowell and BW Legal this afternoon. I'm sorry for being a worrier but this type of situation is not what i was educated for. I'm pretty much a hands on type that will turn their hand to almost anything, except this. I will do my best to try and take in the input from all of you wonderful people to the best of my ability. Hey, that's why advisers and those who specialize in law are so important to those who don't. I know that they do and that's why i know it would be impossible for me to take them on alone.

As to the above, no i don't know the opening dates of the accounts or exactly who the accounts are with, sorry. I will ask them for copies of the agreements on each of those debts as suggested. Thanks for supplying the template letter and advice on what to do with each alleged debt in advance of my asking. kind regards.

[alscotland]

Re: SCOTLAND Stat Demand

Good morning everyone, just to bring my post up to-date.
Stat Demand received 30th Jan 14
Denial slips returned to both Lowell & BW Legal, special delivery, 11th Feb 14, received and signed for by both, 12th Feb 14. I have printed off copies of all documents sent, proof of delivery and receipts, signed for.

As they (Lowell) have accumulated 3 individual debt claims into one, i have sent,
CCA request's x 3 relating to the debt claim's being made, sent individually to Lowell, with £1.00 postal order enclosed in each.

Sent 1st class recorded delivery, signed for, on 13th Feb 14.
Two CCA requests were received and signed for on 17th Feb 14.
The third CCA request was received and signed for 18th Feb 14. Next day delivery ????, beware of that when sending important mail.

Not entirely sure where i stand now, so it will be a waiting game to see what comes back and when.

May i ask a question, what happened to Mark, has he left the forum. Thanks in advance for any support.

[Amethyst]

Re: SCOTLAND Stat Demand

Hi, what you have done sounds ideal, so yes just a matter of waiting now. If you'd like to ask Mark to look in on your thread best to drop him a pm as he isn't regularly on the site.

Do keep us updated.

Sharon xx

[alscotland]

Re: SCOTLAND Stat Demand

Thank you Amethyst, for your speedy reply, i will keep you updated all the way. It's reassuring to know that you guy's and gals are only a post away.

[alscotland]

Re: SCOTLAND Stat Demand

Hello everyone, just to update my post and keep you informed. If you have been keeping up with my situation you will be aware that i have sent back denial slips to both parties, (Lowell and BW Legal), sent by first class next day by 1pm recorded delivery on 11th Feb 2014, both received at their premises and signed for on 12th Feb 2014, i have printed the delivery receipts with dates & signatures for my records.

I followed up this action by sending CCA requests x3 to Lowell on the 13th Feb 2014 (£1.00 postal orders included in each). They were also received at their (Lowell) premises on 17th & 18th Feb respectively.

I have now today received a response from BW Legal,

As you are aware we represent Lowell portfolio 1 ltd.
The letter starts to inform me that i was served with an SD on 21st Jan 2014 (Actually served to me by the sheriff officers on 30th Jan 14). It goes on to say that i have not paid the amount demanded or have made any contact to agree payment within the 21 days allowed by the SD, nor have i applied to set aside the SD.

As a result of my failure to resolve the matter, they will shortly be submitting a Sequestration petition to my local Sheriff's Court and if a Sequestration petition is issued, a hearing date will be set and i will be served with the Sequestration Petition. If i do not pay the Petition debt in full or come to a settlement arrangement they may seek a Sequestration order against me at the hearing.

The letter then goes on to threaten me some more by informing me that if the Sequestration is made, an Accountant in Bankruptcy will be appointed to manage my financial affairs and asses the value of my assets, including any property that i own, in order to decide how best to repay all of my debts, not just those owed to their client.

In order to avoid this course of action i must contact their named person within 14 days of this letter, dated 21st Feb 2014 (received by me 1st March 2014), post dated (27th Feb 2014). They will be prepared to accept the following payment solutions.

(a) A 20% discount settlement payment
or
(b) around £1400.00 down payment followed by around £375.00 monthly instalments until paid in full.

offer made without prejudice basis, meaning that it is a genuine attempt to settle and it cannot be put before the court.

Failure to respond within 14 days (i take it they mean 21st Feb), they will send a Sequestration Petition to court to be issued. End of letter.

I must admit that i am disgusted that they (BW Legal) deny receiving the denial slip, but after reading the horror stories throughout the forum, i am not surprised. Have you guy's experienced this type of refusal to play by the rules before ?.

Your feedback will be much appreciated as this is not the response i was expecting.

I have not heard back from Lowell yet with a response from the denial slip they received from me or the CCA requests i asked for.

[Amethyst]

Re: SCOTLAND Stat Demand

Me thinks BW legal need to read up on their Scots law, Give BW legal a call / email on Monday to tell them you returned the denial page.

[alscotland]

Re: SCOTLAND Stat Demand

Hey Amethyst hi, thanks for your usual speedy reply, but i thought you guy's were adamant not to contact Lowell or BW Illegal.

[Amethyst]

Re: SCOTLAND Stat Demand

In certain circumstances its ok, BWLegal need correcting on the procedure for Scotland and informing you have returned the denial slip and have postal receipts.

" both received at their premises and signed for on 12th Feb 2014, i have printed the delivery receipts with dates & signatures for my records''

[916]

Re: SCOTLAND Stat Demand

Interesting reply to your CCA & SD. hmmmmm I am just waiting to see what I receive in the post now. It amazes me how we have to have mail signed for and print off any information to prove we posted items, yet I have never received a letter from BW or Lowell that I have had to sign for, so what's to say the likes of us ever received these letter. All one sided when it suites. I sent a CCA off to Lowell over 4+ weeks and received nothing. rant over.

[alscotland]

Re: SCOTLAND Stat Demand

Hey mate, sorry to hear that your in this position too and for what its worth i'm on your side as i know how this can, if you tell the gods honest truth, really get you down, but i do not know if having these receipts will be of much use as they, bw ilegal have clearly stated that i have not applied to set aside the sd, meaning they suggest that they never received the letter containing the denial slip. i paid over £6 each to send by royal mail to them and lowell,,£12 + in total for 2 letters. now if they can lie about receiving receipted, signed for mail, and are prepared to go to court on that blatant lie, what else are they capable of. if i call them on the phone as suggested, they can say whatever they like as they know nothing can be proved, i'm not that daft. if i e-mail them, they may or may not respond and just keep the clock ticking until time is up, i dont know. what i do know is that i followed every piece of information i thankfully got from the forum to the letter, even mark's opinion of stop the sd for the price of a first class stamp. well i paid £12 + for my first class stamp, and here we are, no further on and lied to by the recipient, bw ilegal.

sorry for my rant, ive been working all night, havent slept, sitting alone and just fearing the worst. got to go to bed and try and sleep. godbless 916,good luck.

[EXC]

Re: SCOTLAND Stat Demand

The proof that the denial slip was sent and received has no value to you unless they know you have it.

They won't attempt to take you to court in the knowledge that you have already proved and provided that proof that the denial slip was sent and received.

So I would scan the delivery receipts with dates & signatures and send them together with an e-mail.

[Nibbler]

Re: SCOTLAND Stat Demand

Tell them that that you have complied with the requirements of section 7(1)(d)(ii) of the Bankruptcy (Scotland) Act 1985 in returning the denial slip by recorded delivery within the required 21 days from the service of the SD.

You therefore do not meet the conditions of "apparent insolvency", and as such they are not entitled to issue a petition for sequestration.

Remind them that a petition for sequestration requires a declaration that the debtor is subject to apparent insolvency, so entering a petition would be knowingly making a false statement to the court.

[alscotland]

Re: SCOTLAND Stat Demand

Thank you for your help and information, i will sign up for a new e-mail address, then sit here and try and put it down in a reasonable way and send by e-mail to BW ilegal that i did in fact send the denial slip back to their office in time which was received and signed for at their premises in Leeds. I will attach the copies of proof of sending (r/mail purchase receipt) the SD denial slip and proof of delivery with their signature and dates.

Should i also explain to them that on the same dates, i also sent the same to their client (Lowell Lortfollio 1 ltd) and followed up with CCA requests, or just keep it simple and deal with one issue at a time. Your thoughts appreciated guy's.