Statutory demand from Lowell

[lbmarcos]

Re: Statutory demand from Lowell

Hi all,

So in preparation for my case scheduled for 2nd June I'll be pointing out to the Judge that:-

Despite my CCA request sent to Lowell I have only received back from them 3 computer printed screen shots. The debt is therefore unenforceable as they have not complied with my CCA request by supplying me with a true copy of an original signed credit agreement.

Despite my request they have not supplied me with a full statement of account (I assume by this they should have sent me all previous statements or is it just a statement of account showing the current debt?)

Nor have they supplied me with a copy of the Deed of Assignment so again the debt is unenforceable by Lowell.

Am hoping that this argument will be enough for the Judge to throw out the Statutory Demand - what will happen then if he does? Will Lowell still have any right to collect the debt or will they have to pass it back to the original lender?

Any advices, as ever, appreciated.

Thx

[Amy]

Re: Statutory demand from Lowell

It is not possible to provide too much information.

[lbmarcos]

Re: Statutory demand from Lowell

lol - thx guys. OK get the impression it's not worth contacting the DCA's Legal arm to see if they will be attending the Court case then.

Sooo, in preparation of my day in front of the Judge I'll be going in to state that:-

1. Hamptons have not sent me a signed copy of my credit agreement as requested in my CCA request (just 3 computer print out pages) so the debt payable to Lowell is invalid.

2. In addition Hampton have not supplied me with a Deed of Assignment showing the debt is now payable to them so again this makes the debt unenforeable.

Will this potential suffice for the Judge or am I going to have to quote loads of previous case studies, CCA legislation, etc;

Appreciate any advice as how others would approach this.

Thx, marcos

Re: Statutory demand from Lowell

Use a crayon

and draw the DCAs a picture of your complaint instead

[ODC]

Re: Statutory demand from Lowell

Don't forget when writing to a DCA:

1. No joined up handwriting
2. No long words
3. It won't get read anyway

Use a crayon

Re: Statutory demand from Lowell

Don't forget when writing to a DCA:

1. No joined up handwriting
2. No long words
3. It won't get read anyway

[ODC]

Re: Statutory demand from Lowell

Remember the GOLDEN RULE

NEVER ring a DCA unless

a; You are recording the call
b; You are very confident and fully aware of the law
c. You are recording the call

Keep all your dealings with a DCA in writing then there is always a paper trail

[lbmarcos]

Re: Statutory demand from Lowell

Thanks Amy - do you think there is any point in me telephoning Hamptons to advise them that I would be seeking to get the case thrown out with a view to obtaining costs payable to me on the basis that they have not supplied me with a copy of the original credit agreement or the deed of assignment?

Would save me a lot of worry and having to take a day off work if Hamptons knew they were on to a loser before the court due day.

thx,

[Amy]

Re: Statutory demand from Lowell

You are on very strong ground.

This is a good thread for information, specifically post #7 Threat - Legal Beagles Consumer Forum

This is another one, post #5 This might be completely Hatstand, but ..... - Legal Beagles Consumer Forum

[lbmarcos]

Re: Statutory demand from Lowell

Hi Amy,

No I have not been taken to Court previously on this and no CCJ either. It relates to a Barclaycard debt that I assume Lowell have purchased but they haven't sent me a Deed of Assignment and only 3 computer print out pages that Barclaycard emailed them with no signature, etc;

Thx, marcos

[Amy]

Re: Statutory demand from Lowell

Have you been taken to court for this debt previously and is there a CCJ already in place that you haven't paid?

[lbmarcos]

Re: Statutory demand from Lowell

Hi Amy,

I'm not sure what is meant by crystalised. Hamptons Legal wrote to me a couple of months back saying they were taking me to court to secure a Statutory Demand against me and I'm now have a new Court date on the 2nd June.

Could you possibly advise what is meant by crystalised and whether this is important to my court case.

Many thanks for the reply

marcos

[Amy]

Re: Statutory demand from Lowell

Is this debt crystallised or has it gone straight to a Statutory Demand?

[lbmarcos]

Re: Statutory demand from Lowell

OK it looks likely that I am having to go to Court on 2 June and defend myself. I need to do a lot of research quickly as to what I need to state my case although am hoping it will be be fairly easy due to the lack of info Hamptons have supplied me with.

Can anyone advise some relevant threads I can read up on and advise whether Hamptons have complied with the CCA request on the basis of the 3 pages of computer printouts they have sent me.

Many thanks in advance - am already feeling v.nervous regards this and having to face a judge.

[lbmarcos]

Re: Statutory demand from Lowell

OK today I received some 'info' from Hamptons Legal in response to my CCA request.

They have stated "Please find enclosed a copy of the Agreement as requested".

They have sent me 3 pages of computer print out screens that Barclaycard have emailed them. Theres pretty little showing on the 3 pages but on page one there is a box stating Application Signed - Yes. Also shows my credit limit and my personal details at the top. Page 2 pretty little info on it just Insurance type and not sold. Page 3 has my address on it.

I have not had a copy of the Deed of Assignment yet.

Today is the day that the Court has given me to respond and serve a statement in reply to the Respondent (Hamptons) on the basis that they have filed and served their statement by 25 April. (I have not received a copy of this assuming they have sent the Court a statment)

Court date has been re-listed for 2 June.

I guess I need to write to the Court and am hoping for some advice as to what I can write. Surely what Hamptons have sent me does not constitute the information I have asked for but any advices would be greatly appreciated.

Thx