Statutory demand from Lowell

[Curlyben]

Re: Statutory demand from Lowell

Yet more Bovine Excrement from Wescott there.
It is THEIR duty to respond to your request, as per CCA s175

175. Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,
to him forthwith.

No matter, when they next send you a demand then you can remind them of that fact..

[lbmarcos]

Re: Statutory demand from Lowell

Thx CB,

Yep dates have been put in the diary with a view to knowing how important it is that future Court cases should be attended.

Any thoughts on Wescot telling me that should I require the CCA, etc for the debt they are chasing then I need to write to the original debtor???

thx

[Curlyben]

Re: Statutory demand from Lowell

All good then.

Keep an eye on the dates

[lbmarcos]

Re: Statutory demand from Lowell

Quick update !

Have spoken to the Court and they have confirmed that it is Lowell (the respondent) who should file and serve their statement by 25 April. Nothing received from Lowell so far.

Will wait to see if I do get anything from them and respond accordingly.

In the meantime I sent a CCA request to another DCA - Wescot - who have advised that if I require a copy of the opening agreement I need to put this in writing to the original creditor, namely Lloyds.

Is this correct as I thought that it was Wescot who are now the new owners of the debt to supply the info I requested from them?

Thx,

[Curlyben]

Re: Statutory demand from Lowell

Give the court a call and ask them to clarify what the order is requesting.

Well looks like Lowell have made a mess of yet another SD.

So TP's so far

1. Wrong account number
2. No assignment from OC
3. No agreement

Can you think of anything else ?

[lbmarcos]

Re: Statutory demand from Lowell

Thanks guys for the re-assurance.

You're correct CB I've had absolutely nothing back from Lowells regards my request for a copy of the agreement of the notice of assignment.

Do you know when I respond to the Court whether a particular court form needs completing or whether just a letter will suffice?

And I WILL attend any future court hearings even if I do have to take a sickie to face the 'agent'

Thx

[Curlyben]

Re: Statutory demand from Lowell

Soliticor's agent.

AKA Tea Boy

[Nibbler]

Re: Statutory demand from Lowell

Soliticor's "agent".

i.e. man carrying a bit of paper headed Hamptons Legal.

[Curlyben]

Re: Statutory demand from Lowell

I doub't it was a solicitor, but simply a paid lacky

You only need worry if you shove your head in the sand.

FIGHT and attend court and you WILL prevail.

Can I assume that Lowells have still not responded to your request for information ??

[lbmarcos]

Re: Statutory demand from Lowell

Thx CB - I know lesson learn't I guess but the only way I could have attended would have been to take a sickie which I hate doing.

Will certainly attend any future hearings though.

Are you surprised that Lowell sent a Solicitor or is this usual? Should I really start to worry about this actually turning into Bankruptcy as already this is worrying me

Thx

[Curlyben]

Re: Statutory demand from Lowell

This is one of the main reasons why you should ALWAYS attend court hearings.
If you where there this could of been dealt with then, but it's just going to drag on a bit longer.

So time to list all of Lowells failings in this.

[lbmarcos]

Re: Statutory demand from Lowell

Hi all,

OK looks as though just my luck that Lowell are getting serious.

My case was heard on Monday although I could not attend. Today I receive a letter from the court stating that

"Upon hearing the Solicitors agent for Lowell Portfolio

And upon reading the evidence (which I assume is what I sent to the Court as detailed in previous posts)

1. Respondent shall file and serve their statement by 25 April
2. The Applicant has permission if so advised to file and serve a statement in reply by 9 May.
3. The case to be relisted on 2 June at XXX at XXX court.
4. No order as to the costs of today.

Sooooo, firstly I'm really surprised that they sent someone along. Secondly to confirm that despite my request to CCA request to Lowell requesting copy of agreement, deed of assignment, etc: I have not had anything back from them whatsoever.

Any advises as to how I go from here - have to admit to being v.nervous but at the end of the day if they want to make me bankrupt so be it. I have no equity in my property and nothing I can give them.

Thanks as ever,

marcos

[ODC]

Re: Statutory demand from Lowell

Another thing you should do is ring the person mentioned on the SD. Doubtless the threat monkeys will demand to know why and probably refuse to put you through. This would be more ammunition against the Leeds Losers. Take a note of the dates and times you attempt to contacft them

[Curlyben]

Re: Statutory demand from Lowell

I would also add:

I have received no notice of the assignment from B'card concerning this account in accordance with s136 of law of Property Act and served in compliance with s196 of the same act.

Also remove this
Should Lowell Portfolio be in a position to supply me with the above information and prove there is a debt owed to them by myself I will happily discuss the repayment of any monies owed as a matter of urgency."

Could change it to

Should Lowell Portfolio be in a position to supply me with the above information and prove there is a debt owed to them by myself I will happily discuss this matter.

So overall I would throw this in:

I have no knowledge of the referenced account as stated nor that the debt is payable to Lowell Portfolio. I have requested from them evidence that the debt is owed to them by requesting a true copy of the credit agreement which under the terms of the Consumer Credit Act s78(1) they have 12 days to supply from the date of my request.

Also, as I understand that Lowell Portfolio are a Debt Collection Agency I have requested a true copy of the executed deed of assignment for the agreement they quote (and whose reference number I have no knowledge of).

I have received no notice of the assignment from B'card concerning any account in accordance with s136 of law of Property Act and served in compliance with s196 of the same act.

I am minded to mention also that Lowell Portfolio have recent numerous warnings from Leeds Trading Standards as to their conduct in issuing Statutory Demands that they are using as a threat to bankruptcy when they have no intention to follow through the process and actually serve bankruptcy proceedings upon a debtor.

Should Lowell Portfolio be in a position to supply me with the above information and prove there is a debt owed to them by myself I will happily discuss this matter.

I think that should do it.
So you are telling the court that the assignment is for toffee as B''card , NOT Lowell needs to send the NoA as well as the account number being unknown, and there not being a credit agreement.

[lbmarcos]

Re: Statutory demand from Lowell

Hi all,

Is anyone able to have a quick look at mt application to Set Aside just to see if they think it's good to go? I think with time against me it would be better if I could hand deliver this today.

Many thanks