Statutory demand from Lowell

[Amy]

Re: Statutory demand from Lowell

Have you been taken to court for this debt previously and is there a CCJ already in place that you haven't paid?

[lbmarcos]

Re: Statutory demand from Lowell

Hi Amy,

No I have not been taken to Court previously on this and no CCJ either. It relates to a Barclaycard debt that I assume Lowell have purchased but they haven't sent me a Deed of Assignment and only 3 computer print out pages that Barclaycard emailed them with no signature, etc;

Thx, marcos

[Amy]

Re: Statutory demand from Lowell

You are on very strong ground.

This is a good thread for information, specifically post #7 Threat - Legal Beagles Consumer Forum

This is another one, post #5 This might be completely Hatstand, but ..... - Legal Beagles Consumer Forum

[lbmarcos]

Re: Statutory demand from Lowell

Thanks Amy - do you think there is any point in me telephoning Hamptons to advise them that I would be seeking to get the case thrown out with a view to obtaining costs payable to me on the basis that they have not supplied me with a copy of the original credit agreement or the deed of assignment?

Would save me a lot of worry and having to take a day off work if Hamptons knew they were on to a loser before the court due day.

thx,

[ODC]

Re: Statutory demand from Lowell

Remember the GOLDEN RULE

NEVER ring a DCA unless

a; You are recording the call
b; You are very confident and fully aware of the law
c. You are recording the call

Keep all your dealings with a DCA in writing then there is always a paper trail

[The Debt Star]

Re: Statutory demand from Lowell

Don't forget when writing to a DCA:

1. No joined up handwriting
2. No long words
3. It won't get read anyway

[ODC]

Re: Statutory demand from Lowell

Don't forget when writing to a DCA:

1. No joined up handwriting
2. No long words
3. It won't get read anyway

Use a crayon

[The Debt Star]

Re: Statutory demand from Lowell

Use a crayon

and draw the DCAs a picture of your complaint instead

[lbmarcos]

Re: Statutory demand from Lowell

lol - thx guys. OK get the impression it's not worth contacting the DCA's Legal arm to see if they will be attending the Court case then.

Sooo, in preparation of my day in front of the Judge I'll be going in to state that:-

1. Hamptons have not sent me a signed copy of my credit agreement as requested in my CCA request (just 3 computer print out pages) so the debt payable to Lowell is invalid.

2. In addition Hampton have not supplied me with a Deed of Assignment showing the debt is now payable to them so again this makes the debt unenforeable.

Will this potential suffice for the Judge or am I going to have to quote loads of previous case studies, CCA legislation, etc;

Appreciate any advice as how others would approach this.

Thx, marcos

[Amy]

Re: Statutory demand from Lowell

It is not possible to provide too much information.

[lbmarcos]

Re: Statutory demand from Lowell

Hi all,

So in preparation for my case scheduled for 2nd June I'll be pointing out to the Judge that:-

Despite my CCA request sent to Lowell I have only received back from them 3 computer printed screen shots. The debt is therefore unenforceable as they have not complied with my CCA request by supplying me with a true copy of an original signed credit agreement.

Despite my request they have not supplied me with a full statement of account (I assume by this they should have sent me all previous statements or is it just a statement of account showing the current debt?)

Nor have they supplied me with a copy of the Deed of Assignment so again the debt is unenforceable by Lowell.

Am hoping that this argument will be enough for the Judge to throw out the Statutory Demand - what will happen then if he does? Will Lowell still have any right to collect the debt or will they have to pass it back to the original lender?

Any advices, as ever, appreciated.

Thx

[talktalk]

Re: Statutory demand from Lowell

They are in default of your request for a copy of your agreement, they have not supplied any statements for the duration of the account, and it is well known that some debts are made up entirely of excessive charges, no default notice in the prescribed form, no deed of assignment to prove that is has been assigned under UK law (some DCA's assign them offshore - which are not enforceable under UK law)

[talktalk]

Re: Statutory demand from Lowell

If there is any potential for a civil court case and the dispute is major, then normally a judge will set aside.

[lbmarcos]

Re: Statutory demand from Lowell

OK guys - getting nervous as it's my day in Court tomorrow!

No new developments and still only have the scant info that I've received previously. Anyone any advices on how things will go - how should I address the judge and is it recommend that I wear suit and tie!

Will draw up a timeline of events for the judge to read and take all papaerwork I've received so far - am just hoping I won't have to show a very detailed and complex knowledge of the CCA and that my argument that Hamptons have only sent me a few bits will get the case thrown out.

Whats the best that I can hope for? The the SD will be 'kicked out' and that Hamptons / Lowell cannot chase me further for the alleged monies owed? What will then happen - I know the debt won't go away so am I to expect Lowell to sell it on to another DCA or will they give it back to Barclaycard? If they do is the debt still unenforceable until Barclaycard can supply me with a signed agreement, etc?

Thx, marcos

[CleverClogs]

Re: Statutory demand from Lowell

and draw the DCAs a picture of your complaint instead

Like this?