Need Some Advice Please Lowell/BW/Walker Love

[Topcat67]

Hello having a look on this forum I can see its a place for answers and help.

I have received debt letters from Lowell portfolio that they have acquired debt off Lloyds Tsb for the sum of 2.5k.

A couple of days ago I received a letter saying I will be visited from Walker love to hand me Stat demand papers for that sum.

Today I received another letter from BW saying my debt is almost double of that 2.5k sum now, and they are also talking about court action.

From reading some forums I know these companies seemed to be linked together a lot.

I am not legally minded so don't really know where to go from here, If I am visited from Walker Love is it a denial form I send back?, and I also believe the debt may be SB as its from early 2009.

As you may be able to tell I am a bit confused with all this along with being very worried, I have recently bought a house on joint mortgage with my girlfriend, could they get court orders to seize possessions from me.

[Amethyst]

Re: Need Some Advice Please Lowell/BW/Walker Love

Yes it would be the denial slip so the Sd is easily disposed of. However its quite likely they'd switch to court action, though havent seen a Scots one from this lot yet.

Is the debt a loan/ credit card / overdraft ?

If a loan or credit card then get a CCA request sent off to Lowells asap http://www.legalbeagles.info/forums/...y-of-Agreement as it may help you a bit further down the line.

Do you remember when you last acknowledged or made payment towards the debt ? If before March 2009 you may well be right with the SB but its not unheard of for them to miracously appear with some random payments in the last couple years....easily squished but worth noting.

Walker Love seem to be the firm Lowells use for their lucky Scottish customers B W Legal don't seem to know their bottoms from their funny bones when it comes to Scotland.

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

HI thanks for getting back, yes it was a loan of 2k and I never paid anything after January 2009 but I don't know if they still took payments out after that as I did have an over draft in place.

I did try to work out a payment plan with the bank when I went to see them in January as I lost my job a couple months before but they were not having it and basically told me even though I was unemployed I still had to pay the full loan repayment every month which obviously I couldn't do with no income coming in.

So I should send the denial slip back and also a CCA request.

How do I find out if its definitely SB, could it harm me if I claim it is when it might not be yet.

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

Thanks for your reply to my PM Amethyst.

I think I will send back the denial and see were it goes from there. As you said I am on the cusp of my debt being SB as last payment was made on January 2009 but I guess cause they haven't defaulted it until October 2009 makes it tricky. So should I hold off on applying the SB until I am certain or will I be running the risk of court action against me.

The papers from Walker Love are meant to be getting handed over today.

I will get the CCA request sent before Monday also.

[Totoro]

Re: Need Some Advice Please Lowell/BW/Walker Love

How much is the debt? As it would need to be over £3000 in Scotland to issue a SD.

A couple of days ago I received a letter saying I will be visited from Walker love to hand me Stat demand papers for that sum.

Today I received another letter from BW saying my debt is almost double of that 2.5k sum now, and they are also talking about court action.

So they are issuing a SD for the debt using Walker Love, but BW Legal have also sent you what sounds like a letter before action also threatening court action. I'm no legal expert, it's fine sending the denial slip back for the SD, but you'll also need to respond to the LBA from BW Legal. Are you sure it's just for the one debt?

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

How much is the debt? As it would need to be over £3000 in Scotland to issue a SD.


So they are issuing a SD for the debt using Walker Love, but BW Legal have also sent you what sounds like a letter before action also threatening court action. I'm no legal expert, it's fine sending the denial slip back for the SD, but you'll also need to respond to the LBA from BW Legal. Are you sure it's just for the one debt?

I thought it was just one debt but there is also an overdraft they have bought which I only knew off due to signing up to equifax, this is the first time I have had any correspondence in five years regarding to what looks like an additional over draft debt. All letters from lowell and Walker Love are just for the sum of 2.4k but BW Legal is for the sum of 4k and it does not say anything about the overdraft just about the loan.

[Totoro]

Re: Need Some Advice Please Lowell/BW/Walker Love

Lowell can club the debts together to take it over the £3000 threshold. But if the letters from Walker Love are for less than that, it can't be a SD they are looking to serve, but you won't know until it's served and seriously don't worry about it until then.

Do you think the 2.4k debt is for the o/d and the 4k debt BW are writing about is the loan? Or do you think they have clubbed the OD and loan and that is why BW are getting the 4k figure. Is it the same reference numbers on both BW and lowell correspondence?

I just find it odd that Lowell would use both Walker Love and BW Legal to pursue the same debt, but if it's not the same debt you'll need to respond to BW Legal as it sounds like a letter before action not sure if they have suitable template on this forum you can use as a response. I'd also fire off relevant CCA requests immediately to both Lowell and BW as that will buy you more time.

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

Lowell can club the debts together to take it over the £3000 threshold. But if the letters from Walker Love are for less than that, it can't be a SD they are looking to serve, but you won't know until it's served and seriously don't worry about it until then.

Do you think the 2.4k debt is for the o/d and the 4k debt BW are writing about is the loan? Or do you think they have clubbed the OD and loan and that is why BW are getting the 4k figure. Is it the same reference numbers on both BW and lowell correspondence?

I just find it odd that Lowell would use both Walker Love and BW Legal to pursue the same debt, but if it's not the same debt you'll need to respond to BW Legal as it sounds like a letter before action not sure if they have suitable template on this forum you can use as a response. I'd also fire off relevant CCA requests immediately to both Lowell and BW as that will buy you more time.

Well Walker Love never turned up today with any papers as they said they would so no SD served.

The confusing part for me is the loan and overdraft don't add up to 4k so it seems they have added additional charges to the debt so I don't know were BW got that number from.

The loan was for 2k and before losing my job and the bank failing to help me come to any payment agreement I had paid off around £500 to it so the additional £900 they have added to it I guess are also extra charges.

Unfortunately in my panic I ripped the last letters up and threw them away which I now realise was a mistake so I couldn't say if the reference number was the same on both the BW and Walker Love letters.

I know both sums are very close to being SB, so should I hold off all correspondence until the threats of a SD come to the forefront and Walker Love actually serve a SD?.

It feels hard not to just hide and think they will go away.

I will send the CCA requests by monday at the latest anyway.

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

Got the stat demand issued on the behalf of BW Leagal and not Walker Love its for over 4k.

Will send back the denial slip -

What option do I cross out -

(3) - That I owe the sum demanded
(4) - That I have to pay the sum demanded immediately

The rest of the slip I guess I just fill in as it says?.

[Amethyst]

Re: Need Some Advice Please Lowell/BW/Walker Love

B W Legal are the solicitors Lowells use in England, I guess they just use Walker Love as servers.

I'll have a look at the other threads regarding the crossing out as it was an odd format as I recall.

Did you get the invested extra page on yours asking for reasons for denial ? or does it end with the Denial Slip page ?

[Amethyst]

Re: Need Some Advice Please Lowell/BW/Walker Love

Ahhh yes I made up a little example...



Does that help?

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

Yes I got an explanation of denial slip, is it normal for them to hand you two booklets of Stat demands, one with debt info and talk about sequestration and BW details the other is just a plain Statutory Demand For Debt booklet, just feels a bit weird to have two denial slips.

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

Ahhh yes I made up a little example...



Does that help?

Yeah thanks, I think it would be better just to leave both then.

[Amethyst]

Re: Need Some Advice Please Lowell/BW/Walker Love

They've sent you two denial slips? Have they sent you two Stat DemandS?

[Topcat67]

Re: Need Some Advice Please Lowell/BW/Walker Love

They've sent you two denial slips? Have they sent you two Stat DemandS?

Yeah there is one stat demand with the eight pages in it then there is another one with the same eight pages but with additional two pages with the figures of debt and info about a sequestration issue.