Statutory demand from Lowell

[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

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

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 ??

[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

Soliticor's agent.

AKA Tea Boy

[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

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

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

All good then.

Keep an eye on the dates

[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

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

OK today I received some 'info' from Hamptons Legal in response to my CCA request.

They have stated "Please find enclosed a copy of the Agreement as requested".

They have sent me 3 pages of computer print out screens that Barclaycard have emailed them. Theres pretty little showing on the 3 pages but on page one there is a box stating Application Signed - Yes. Also shows my credit limit and my personal details at the top. Page 2 pretty little info on it just Insurance type and not sold. Page 3 has my address on it.

I have not had a copy of the Deed of Assignment yet.

Today is the day that the Court has given me to respond and serve a statement in reply to the Respondent (Hamptons) on the basis that they have filed and served their statement by 25 April. (I have not received a copy of this assuming they have sent the Court a statment)

Court date has been re-listed for 2 June.

I guess I need to write to the Court and am hoping for some advice as to what I can write. Surely what Hamptons have sent me does not constitute the information I have asked for but any advices would be greatly appreciated.

Thx

[lbmarcos]

Re: Statutory demand from Lowell

OK it looks likely that I am having to go to Court on 2 June and defend myself. I need to do a lot of research quickly as to what I need to state my case although am hoping it will be be fairly easy due to the lack of info Hamptons have supplied me with.

Can anyone advise some relevant threads I can read up on and advise whether Hamptons have complied with the CCA request on the basis of the 3 pages of computer printouts they have sent me.

Many thanks in advance - am already feeling v.nervous regards this and having to face a judge.

[Amy]

Re: Statutory demand from Lowell

Is this debt crystallised or has it gone straight to a Statutory Demand?

[lbmarcos]

Re: Statutory demand from Lowell

Hi Amy,

I'm not sure what is meant by crystalised. Hamptons Legal wrote to me a couple of months back saying they were taking me to court to secure a Statutory Demand against me and I'm now have a new Court date on the 2nd June.

Could you possibly advise what is meant by crystalised and whether this is important to my court case.

Many thanks for the reply

marcos