Statutory demand from Lowell

[lbmarcos]

Hi all,
First post here. My wife used to use these site when looking to reclaim bank charges and she told me to post a message to see if anyone could me out.

Basically, I've returned from wowrk this morning and an agent has posted through my door a Statutory Demand threatening bankruptcy proceedings. The letter is from Hamptons Legal and the Statutory demand is served by Lowell Portfolio Limited. It relates to a credit card debt that it seems Lowell purchased from Barclaycard in July last year.

Am I able to do anything and are Lowell within their rights to bankrupt me?
Any advices or guidance would be so appreciated and I do not think I could handle the worry and stress of bankruptcy proceedings and I guess losing our house.
Many thanks.

[volvodriver]

Re: Statutory demand from Lowell

In order to receive good advice you will need to give as much information as possible, starting with a calendar of events listing by date when you stopped paying whatever it was, and all communications between you, the original creditor and Lowells,

You will then need to scan and post up, having carefully removed anything which could identify you, any letters and documents you have.

When all this is done you will receive detailed advice on how to proceed.

I know what you need to do, but cant advise you further.

There is prtobably a good chance you can get the stat demand set aside - but detailed info is the key.

Plus seach stat demand and Lowell on here and read as much as you can.

Vdr

[lbmarcos]

Re: Statutory demand from Lowell

Many, many thanks for the reply Volvo.

OK I have to be completely honest and advise that I have no paperwork whatsoever as I have foolishly just ignored any previous letters from DCA's and put them straight in the bin. All I know from the paperwork received today is that it is for a debt of over £8000 relating to a Barclaycard that I haven't probably paid for the last 3 years.

Since my first post I've been searching around as you suggest. A couple of quick questions:- 1. Is it too late to request a copy of the credit agreement from Lowell under CCA and 2. Is it worth requesting confirmation of a letter notifying me that the debt was assigned to Lowell.

Appreciate that time scales are against me. I have only 18 days to set aside and the Demand which I received this morning is dated 4 February!!

Whats the best thing I can do in my circumstance?

Many thanks in advance.

[volvodriver]

Re: Statutory demand from Lowell

If you get no knowledgeable people to advise within a few hours I suggest you report your post - yellow triangle top right, and hopefully a moderator will get someone to look after you.

Vdr

ps I completely get the burying your head in the sand bit. Stupid, but it happens. Time to draw a line under that and move forward.

[TUTTSI]

Re: Statutory demand from Lowell

Do you actually have no knowledge whatsoever of this debt?

If you know about this debt have you seen evidence of the original deed of assignment of this debt being sold from Barclaycard to Lowells?

Do you have all your credit card statements and could you have credit card charges included in the figure they afre claiming for?

You could send a SAR to the credit card company for all the information that you need.

Another good idea might be for you to post up without your all your personal details the Stat Demand to see if this looks genuine as sometimes they send them out without issuing them correctly.

Also as Volvo says a time line of any letters etc and what you have done in the way of responses?

Is this debt statute barred???

If you have reasonable cause to dispute this debt then you can have this set aside and you will need to complete the court forms but before you do, lets see what they have sent you by way of a stat demand and the amount that they are claiming.

[Sapphire]

Re: Statutory demand from Lowell

How much are they claiming you owe ?

[lbmarcos]

Re: Statutory demand from Lowell

Hi Tuttsi and many thanks for taking the time out to help me.

In answer to your questions:-

Do you actually have no knowledge whatsoever of this debt and have you seen evidence of the original deed of assignment of this debt being sold from Barclaycard to Lowells? I do have knowledge of this debt as I have found some old statements although the card number on the statement differs completely from the card number quoted on the SD. The final balance I have on my statements (£8388.85) tallies exactly with the balance quoted on the SD.
I may well have had an original deed of assignment but I truly do not know if I did. If I had received one I would have just looked at the fact it was from Lowells and binned it assuming it was just another chaser threat from them.

Do you have all your credit card statements and could you have credit card charges included in the figure they afre claiming for? I have the last yesr and half worth of statemenst and there are numerous £12 charges showing for late payment fees.

You could send a SAR to the credit card company for all the information that you need. Agreed but do I really havbe time considering I only have 18 days to deal with the SD?

Another good idea might be for you to post up without your all your personal details the Stat Demand to see if this looks genuine as sometimes they send them out without issuing them correctly. SD is duly posted up and it does look to me as though it's the real deal.

Also as Volvo says a time line of any letters etc and what you have done in the way of responses? I'm afraid I have no record whatsoever of any letters previously received or sent on these account as I stupidly hoped it would just go away.

Is this debt statute barred??? I don't beleive so as my last payment made to Barclaycard was in 2008.

If you have reasonable cause to dispute this debt then you can have this set aside and you will need to complete the court forms but before you do, lets see what they have sent you by way of a stat demand and the amount that they are claiming.

Hoping the above helps and thanks in advance for your future advices.


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

[lbmarcos]

Re: Statutory demand from Lowell

Hi Sapphire,

Approx £8300 I'm afraid.

[Curlyben]

Re: Statutory demand from Lowell

Now then INFORMATION is King !!

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.

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.

Your local County Court should be able to deal with the set aside.

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

[Curlyben]

Re: Statutory demand from Lowell

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 knowledge of the account as the reference is incorrect
• No notice of assignment from OC as per LoP s136 and s196
• No credit agreement so CCA breach.

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.

[TUTTSI]

Re: Statutory demand from Lowell

Can I ask, why did you stop paying in 2008?

Did you claim any of your charges back at any time?

Charges prior 2007 are likely to be higher than £12.

Hi Tuttsi and many thanks for taking the time out to help me.

In answer to your questions:-

Do you actually have no knowledge whatsoever of this debt and have you seen evidence of the original deed of assignment of this debt being sold from Barclaycard to Lowells? I do have knowledge of this debt as I have found some old statements although the card number on the statement differs completely from the card number quoted on the SD. The final balance I have on my statements (£8388.85) tallies exactly with the balance quoted on the SD. That is concerning that the account numbers are different?
I may well have had an original deed of assignment but I truly do not know if I did. If I had received one I would have just looked at the fact it was from Lowells and binned it assuming it was just another chaser threat from them. This needs to be checked up as you may not of received one and then Lowells are not then entitled to this debt.

Do you have all your credit card statements and could you have credit card charges included in the figure they afre claiming for? I have the last yesr and half worth of statemenst and there are numerous £12 charges showing for late payment fees. See my comments.

You could send a SAR to the credit card company for all the information that you need. Agreed but do I really havbe time considering I only have 18 days to deal with the SD? You need to act quickly as Curlyben is suggesting.

Another good idea might be for you to post up without your all your personal details the Stat Demand to see if this looks genuine as sometimes they send them out without issuing them correctly. SD is duly posted up and it does look to me as though it's the real deal. thank you

Also as Volvo says a time line of any letters etc and what you have done in the way of responses? I'm afraid I have no record whatsoever of any letters previously received or sent on these account as I stupidly hoped it would just go away. Burried head in sand....

Is this debt statute barred??? I don't beleive so as my last payment made to Barclaycard was in 2008. ok

If you have reasonable cause to dispute this debt then you can have this set aside and you will need to complete the court forms but before you do, lets see what they have sent you by way of a stat demand and the amount that they are claiming.

Hoping the above helps and thanks in advance for your future advices.


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

[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

[TUTTSI]

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

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.

[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.