Statutory demand from Lowell

[Nibbler]

Re: Statutory demand from Lowell

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

What exactly? Had the SD dated way before it was served?

In the end it's the date of service that matters, as the time to get the set aside application in runs from then.

[Curlyben]

Re: Statutory demand from Lowell

Shame Lowell have a tendency of NOT operating on that manner.

[Nibbler]

Re: Statutory demand from Lowell

What manner?

Just out of interest having a look at the timeline...

- SD produced and signed on Friday 4th.
- Couldn't really be expected to reach the hands of the process server until early the next week.
- Presumably personal service was attempted sometime last week.
- Once that failed, then arranged to call back today. Rules say that should be at least 2 business days notice, so today is not that unreasonable.
- Personal service wasn’t possible today, so as per rules substituted service by letter box was used.

OK. They've not been particular speedy, but depending on circumstances not unreasonably slow either.

[Curlyben]

Re: Statutory demand from Lowell

Lowells normal SOP is a couple of Threat-O-Grams from Red debt/Hamptons then SD via normal first class post, soon to be followed up with the actual petition.

they don't often bother with even attempting personal service.

[Nibbler]

Re: Statutory demand from Lowell

Lowells normal SOP is a couple of Threat-O-Grams from Red debt/Hamptons then SD via normal first class post, soon to be followed up with the actual petition.

they don't often bother with even attempting personal service.

Oh. Agreed indeed. I thought you meant something else.

It's unusual to see them even try to go through the proper procedure.

Something must have them concerned.

[Curlyben]

Re: Statutory demand from Lowell

Perhaps the official warnings they have received have eventually filtered through.

[lbmarcos]

Re: Statutory demand from Lowell

OK guys, wandered down to my local court yesterday who have supplied me the form that I require to get the SD set aside. The lady behind the counter advised me to complete it as neccessary but not to fill in top bit of Page 1 as the Judge will complete this when deciding if the SD hearing is proceeding or not.

So... I'm attaching the blank form and am just wondering if anyone has any experience of completing one of these as I really do not want to mess it up but want to give the judge all the info so he can hopefully dismiss or delay the hearing.

Docs duly attached. Thx.

[Curlyben]

Re: Statutory demand from Lowell

Most of it's straightforward, but we'll assist where needed.

[lbmarcos]

Re: Statutory demand from Lowell

OK reading up on this I not only need to complete and return the Set Aside application to my local court but I also need to write to the person named in part B of the SD "informing them that the debt is is dispute and explain why".

So my letter to Hamptons Legal is attached.

CB (or anyone else) could you possibly have a quick scan and just check you're OK with it?

Will get this off today and get to work on drawing up the draft wording for my Set Aside.

Thx - again!!

[lbmarcos]

Re: Statutory demand from Lowell

Ok so the completion of the Set Advice I've attached the draft and am hoping someone can have a look at before I complete the version I'll be sending off.

The most important part on Page 2 I intend to state as follows (no doubt this will change considerably once others have given their opinion!)

"2. That I (c)

(1) Do not admit the debt because .....

I have no knowledge 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 they have 12 days to supply from the date of my request (17 February 2011).

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). Lowell Portfolio are obliged to supply me with this information under section 189 of the Consumer Credit Act.

I am minded to mention also that Lowell Portfolio have recent numeorus 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 foollow 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 the repayment of any monies owed as a matter of urgency."

Would appreciate any advices as to changes to be made. Thx.

[Curlyben]

Re: Statutory demand from Lowell

I'll have a better look later, but so far so good.

better to hand deliver on Monday anyway

[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

[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.

[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

[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