Statutory demand issued to my wife today, but dated 14th November

[speedomes]

Hi everyone, glad to have found this forum. Hopefully, I can get some advice reference a SD handed to my wife today from BW legal/Lowell portfolio.
The date on the letter and the date on the actual SD is 14th November but was handed to her at home today, the 5th December. Needless to say she is completely panicked and worried to death over it.
I want to start the process of getting it set aside but am unsure about the date aspect of it as it is clearly over 18 days.
Has anybody else come across this date problem because it appears we have lost our 18 days time period to get it set aside by them waiting to hand it over.
I really, really appreciate your advice. I am going to read up about sending these various letters out to the original creditors, £1 postal order etc.
Many thanks
Mike

[EXC]

Re: SD issued to my wife today, but dated 14th November

As I understand it the 18 days starts from the date of service ie today.

Don't panic and read this - particularly the first and last posts
http://www.legalbeagles.info/forums/...ands-READ-HERE

[speedomes]

Re: SD issued to my wife today, but dated 14th November

Much obliged to you. I was hoping that was the case.
Thanks
Mike

[CleverClogs]

Re: SD issued to my wife today, but dated 14th November

Has anybody else come across this date problem because it appears we have lost our 18 days time period to get it set aside

It seems to be standard practice by Bowells, whom I believe to be inherently disingenuous gobshytes.

[FlamingParrot]

Re: SD issued to my wife today, but dated 14th November

Hi everyone, glad to have found this forum. Hopefully, I can get some advice reference a SD handed to my wife today from BW legal/Lowell portfolio.
The date on the letter and the date on the actual SD is 14th November but was handed to her at home today, the 5th December. Needless to say she is completely panicked and worried to death over it.
I want to start the process of getting it set aside but am unsure about the date aspect of it as it is clearly over 18 days.
Has anybody else come across this date problem because it appears we have lost our 18 days time period to get it set aside by them waiting to hand it over.
I really, really appreciate your advice. I am going to read up about sending these various letters out to the original creditors, £1 postal order etc.
Many thanks
Mike

It's customary for Lowells to pre-date the SDs by up to 3 weeks to give the impression that you've missed your chance to apply for set aside. :mad2: :mad2: :mad2: Virtually every SD served by them is pre-dated by at least a week! However, as stated above, what counts is the date of service.

You've come to the right place, Celestine, one of the site owners specialises in setting aside SDs, especially from Lowell. This post shows the steps you can take to get her involved: http://www.legalbeagles.info/forums/...533#post386533 :thumb:

[Celestine]

Re: SD issued to my wife today, but dated 14th November

Hi Speedomes

So panic over, the 18 days starts from today.

To what debt does the stat demand pertain? A credit card, loan, catalogue?
What year was the account started?
Have you ever sent a s.78 request?
If not, that is the most urgent next step.

[FlamingParrot]

Re: SD issued to my wife today, but dated 14th November

Have you ever sent a s.78 request?
If not, that is the most urgent next step.

For reference, the s.77/78 (CCA request) letter is below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,