Statutory demand from Lowell

[lbmarcos]

Re: Statutory demand from Lowell

My Barclaycard statement has a card number of 4929 xxxx xxxx xxxx.
Lowells Original reference is 4929xxxxxxxxxx (x's completely differ from those above and containing 2 less digits)
Possibly just a coincidence that they both start 4929 though I guess.

[jax007]

Re: Statutory demand from Lowell

Am I being thick here?? How do you know that the account number for Lowells differs from that of Barclaycard??

[lbmarcos]

Re: Statutory demand from Lowell

Ok just updating for reference.

CCA sent to Lowell today 1st Class Recorded Delivery with £1 cheque enclosed.

Tomorrow off to Court to obtain form required to set aside the SD.

Thanks for everyones help today. A problem shared and all that!

[Nibbler]

Re: Statutory demand from Lowell

PRACTICE DIRECTION INSOLVENCY PROCEEDINGS - Ministry of Justice

11.1 The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected. Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or by insertion through a letter box.

Obviously subject to the steps in part 11.4 having been complied with.

[Nibbler]

Re: Statutory demand from Lowell

Incorrect service of SD (must be attempted personal or recorded mail) - No unfortuately. The agent called last week and said he would be returning this morning. He did return and as no-one was in he posted the SD through the letterbox. - NOT good enough, if the SD cannot be personally served then via recorded delivery is acceptable. What has happened here is NOT

Last time I looked, the practice direction stated that "Insertion through a letterbox" is acceptable if personal service cannot be effected?

[lbmarcos]

Re: Statutory demand from Lowell

Thanks Tuttsi,

Do you need to attach it so that CB and I can view the amends you've kindly made?

thx

Re: Statutory demand from Lowell

I have added some bits, see what CB says as well?

The bits I added on the letter did not save, so:-

Basically, do not sign letter with your normal signature.

Use the account number on the Stat Demand - as that one does not apply to you.

Guys,

Is the attached CCA OK with you? On the advice of Tuttsi I want to get this sent out to Lowell by 1st class recorded tonight.

Thx

[Curlyben]

Re: Statutory demand from Lowell

Ps, YES on the CCA, although a third party cheque would be even better.
Also send it recorded delivery just in case Lowell try and play cute and say they didn't get it.

[Curlyben]

Re: Statutory demand from Lowell

If you explain the situation to the court they should be helpful and advise on the time lines.
After all it's a little off that they have held onto this for a couple of weeks before smacking you with it. Screams serious abuse of process..

[lbmarcos]

Re: Statutory demand from Lowell

Top man CB.

So, I'll attend the court tomorrow and collect the relevant form I assume I require. I'll bring this home to complete (no doubt with all yours assitance yet again) and then return on Friday with the completed form to hopefully get the SD set aside. Correct?

This gives me some briefing space whilst I await the response to my CCA from Lowell. Correct?

Totally agree that the one person I need to keep 100% happy and show I'm doing eevrything by the book is the court/judge.

thx

[lbmarcos]

Re: Statutory demand from Lowell

Guys,

Is the attached CCA OK with you? On the advice of Tuttsi I want to get this sent out to Lowell by 1st class recorded tonight.

Thx

[Curlyben]

Re: Statutory demand from Lowell

As LOWELL have brought this action it is LOWELL that the correspondence needs to be addressed to.
After all THEY claim to onw this debt, so they need to prove it.

Just rereading bits here and thinking of grounds for the set aside.

So you have (in no particular order)

• Incorrect service of SD (must be attempted personal or recorded mail) - No unfortuately. The agent called last week and said he would be returning this morning. He did return and as no-one was in he posted the SD through the letterbox. - NOT good enough, if the SD cannot be personally served then via recorded delivery is acceptable. What has happened here is NOT
  
• No knowledge of the account as the reference is incorrect - Agree card number they quote differs completely to the one I have on my last statement dated May 2009 - could Barclaycard not have changed this though? - Tough, wrong account number invalidates the claim
  
• No notice of assignment from OC as per LoP s136 and s196 - Yep happy to play dumb to this as I honestly do not know if I ever received this - Again tough, as it is Lowell place to PROVE that this ocoured, not yours to say otherwise.
  
• No credit agreement so CCA breach. - Who is it that should have a credit agreement - me or Lowell? Is this what I'm requesting in my CCA I'll be sedning out shortly? - As Lowell are bringing this action as the debt "owner" THEY must supply the agreement that they are relying on in the SD.

As for getting it set aside, best to physically attend your local court and get the required documents. After all you don't want to get on the wrong side of them

you need to explain the situation to them and they will be able to assist/advise you accordingly.

[lbmarcos]

Re: Statutory demand from Lowell

Thanks Tuttsi.

Re expecting the SD I did read his letter he sent last week but figured it was just another of the many, many threat letters I receive from DCA's about threatening bankruptcy, etc;

Will get the CCA of today. I'm assuming that this is going to Lowells and not Barclaycard.

Am I correct in thinking that I cannot get the SD set aside until I have sent the CCA and waited 12 days? This is going to be a serious problem is it not as I only have 18 days assuming the clock starts ticking today (16th) and not when the SD is dated (4th). V. worried about not getting this set aside within the 18 day limit which is only 2 days away if starting from the 4th.

Re: Statutory demand from Lowell

Hi CB,

Many thanks for coming on board and helping me out. OK...

Firstly fire off a FULL CCA to Lowell. (have a look in the first link in my siggie)
They have 12 working days to respond. - This requests ALL the required information for this, including the assignment bits. Agree will do this this evening

Mean while you need to look at getting this set aside, as this needs to be done within 18 days. There's the potential of running out of time waiting for the CCA.
An SD should NEVER be ignored, it's a serious threat and not to be taken lightly. Yep this is the priority and I cannot afford to wait for the response to my CCA request.

Your local County Court should be able to deal with the set aside. Hopefully but at present haven't a clue how to proceed with this. By phone, by letter, by filling in a form, do have to personally visit??

I notice the sneaky "people" held the service for a while as it's dated the FOURTH that's 12 days ago !!!
Make sure you write on it when you actually received it.

Also have a read of this for further info: Legal Beagles Consumer Forum - Yep already read this and the thread below.

Read more at: Statutory demand from Lowell - Legal Beagles Consumer Forum

Just rereading bits here and thinking of grounds for the set aside.

So you have (in no particular order)

• Incorrect service of SD (must be attempted personal or recorded mail) - No unfortuately. The agent called last week and said he would be returning this morning. He did return and as no-one was in he posted the SD through the letterbox. So you were expecting this Stat Demand?
• No knowledge of the account as the reference is incorrect - Agree card number they quote differs completely to the one I have on my last statement dated May 2009 - could Barclaycard not have changed this though? I don't think Barclaycard would have changed it, so that is strange?
• No notice of assignment from OC as per LoP s136 and s196 - Yep happy to play dumb to this as I honestly do not know if I ever received this
• No credit agreement so CCA breach. - Who is it that should have a credit agreement - me or Lowell? Is this what I'm requesting in my CCA I'll be sedning out shortly?

That's just for starters..
Also the court do NOT condone the use of SD's for CCA regulated debts of this kind. In fact 1st Credit have been officially warned by the OFT about this practice.
Loweel have also been investigated by Leeds TS about the same activities.
Worth a complaint to them as well. Will do but my priority I guess is getting the SD set aside. How do I go about this?

Many many thanks and Tuttsi in response to your post I simply gave up trying to pay numerous cards when I was just sinking and sinking further into debt. I guessed that, are you able to if the needs be come to some arrangment to pay back over a period of time? Also, have you ever completed an Income and expenditure sheet http://www.legalbeagles.info/forums/...ad.php?t=19592

Not sure even when I took this card out but am sure there will be other charges showing on the statements I no longer possess. Will SAR Barclaycard to get all my statemenst and try to reclaim the charges although is this futile as all they will simply do is reduce the debt (which they no longer have anyway no Lowells have bought it? But this may reduce what you owe substantially and may help you as they amount they are claiming may not be correct.


Read more at: Statutory demand from Lowell - Legal Beagles Consumer Forum

Speed is of the absolute paramount and I would get that CCA request off in to days post if you can as every day matters.

[lbmarcos]

Re: Statutory demand from Lowell

Hi CB,

Many thanks for coming on board and helping me out. OK...

Firstly fire off a FULL CCA to Lowell. (have a look in the first link in my siggie)
They have 12 working days to respond. - This requests ALL the required information for this, including the assignment bits. Agree will do this this evening

Mean while you need to look at getting this set aside, as this needs to be done within 18 days. There's the potential of running out of time waiting for the CCA.
An SD should NEVER be ignored, it's a serious threat and not to be taken lightly. Yep this is the priority and I cannot afford to wait for the response to my CCA request.

Your local County Court should be able to deal with the set aside. Hopefully but at present haven't a clue how to proceed with this. By phone, by letter, by filling in a form, do have to personally visit??

I notice the sneaky "people" held the service for a while as it's dated the FOURTH that's 12 days ago !!!
Make sure you write on it when you actually received it.

Also have a read of this for further info: Legal Beagles Consumer Forum - Yep already read this and the thread below.

Read more at: Statutory demand from Lowell - Legal Beagles Consumer Forum

Just rereading bits here and thinking of grounds for the set aside.

So you have (in no particular order)

• Incorrect service of SD (must be attempted personal or recorded mail) - No unfortuately. The agent called last week and said he would be returning this morning. He did return and as no-one was in he posted the SD through the letterbox.
• No knowledge of the account as the reference is incorrect - Agree card number they quote differs completely to the one I have on my last statement dated May 2009 - could Barclaycard not have changed this though?
• No notice of assignment from OC as per LoP s136 and s196 - Yep happy to play dumb to this as I honestly do not know if I ever received this
• No credit agreement so CCA breach. - Who is it that should have a credit agreement - me or Lowell? Is this what I'm requesting in my CCA I'll be sedning out shortly?

That's just for starters..
Also the court do NOT condone the use of SD's for CCA regulated debts of this kind. In fact 1st Credit have been officially warned by the OFT about this practice.
Loweel have also been investigated by Leeds TS about the same activities.
Worth a complaint to them as well. Will do but my priority I guess is getting the SD set aside. How do I go about this?

Many many thanks and Tuttsi in response to your post I simply gave up trying to pay numerous cards when I was just sinking and sinking further into debt. Not sure even when I took this card out but am sure there will be other charges showing on the statements I no longer possess. Will SAR Barclaycard to get all my statemenst and try to reclaim the charges although is this futile as all they will simply do is reduce the debt (which they no longer have anyway no Lowells have bought it?


Read more at: Statutory demand from Lowell - Legal Beagles Consumer Forum