Statutory demand from Lowell

[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

[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

[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..

[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.

[TUTTSI]

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

[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

[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?

[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.

[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!

[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

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.

[Curlyben]

Re: Statutory demand from Lowell

PRACTICE DIRECTION INSOLVENCY PROCEEDINGS - Ministry of Justice

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.

Waiting neigh on TWO weeks is NOT prompt
But I do see what you're getting at with the rest.

[Nibbler]

Re: Statutory demand from Lowell

Waiting neigh on TWO weeks is NOT prompt

Must admit I did do a double take, go back and look at the dates and have a chuckle when I re-read the PD.

Either someone somewhere sat on it for a while, or Lowells are being 'creative' with the dates they put on these in order to panic those who don't know better. So either incompetence or deceptive and below the belt behaviour. Both of which, as we all know, are frequent trademarks of Lowell. Take your pick.

Oh, and the PD says that the personal service should be attempted in a prompt manner, not that the eventual substituted service must be prompt. The server needs to go through the steps to justify substituted service, which by necessity to best try to get personal service are not that quick. 12 days is definitely pushing any definition though.

[Main man]

Re: Statutory demand from Lowell

Must admit I did do a double take, go back and look at the dates and have a chuckle when I re-read the PD.

Either someone somewhere sat on it for a while, or Lowells are being 'creative' with the dates they put on these in order to panic those who don't know better. So either incompetence or deceptive and below the belt behaviour. Both of which, as we all know, are frequent trademarks of Lowell. Take your pick.

Oh, and the PD says that the personal service should be attempted in a prompt manner, not that the eventual substituted service must be prompt. The server needs to go through the steps to justify substituted service, which by necessity to best try to get personal service are not that quick. 12 days is definitely pushing any definition though.

Lowells don't do prompt, infact they played the same game with me.

Curlyben isn't very popular in certain parts of Leeds

[Curlyben]

Re: Statutory demand from Lowell

Curlyben isn't very popular in certain parts of Leeds

Or various other places I can think of