WON !! Please help...Statutory demand...Im scared.

[Philip]

Hi.


My name is Philip. I found this forum as I desperately need help.
I received a Statute demand today (16th December) from BWlegal acting on behalf of Lowell Portfolio Ltd.

The accompanying letter is dated the 28th November and the Statute demand is dated the 28th November also but I only received it today.
It looks like it was hand delivered as there is no stamp.


It all relates to a credit card from MBNA that I defaulted on. I believe the default date is October 2008. Im sure the last payments I made were in 2007 but I cant remember for sure.

The amount owed is £**** (now hidden in case Lowell read this). Things got out of control and I couldn't pay the monthly payments anymore. They kept increasing my limit and I was stupid and to be honest naive. Over the years the debt was taken over by a couple of companies and now is with Lowell portfolio Ltd. And now I'm here. Sitting here reading this document. I don't know what to do or think right now. I'm in shock if i'm honest.

I live alone and have a mortgage. I work as a nurse so I don't earn loads. I wonder if this is a huge scare tactic as they haven't tried to take me to court for a CCJ for just over five years now. The statute states a time frame and it worries me that 18 days has passed before I received it. I think I stopped paying sometime after summer 2007. I really cant remember for sure. I wish I could right now. I have never phoned or written to any debt collector about this.

I have a CCJ for another credit card which I am paying back monthly.

I have a bank overdraft. and a credit card with a small limit of £200 for emergencies only.

My property is not in negative equity.

Please someone help me on what to do. It would be so appreciated.


Philip

[Philip]

Re: Please help...Statute demand...Im scared.

Just logged on to my online banking and found out I could search back through my statements.


I found my last payment to be in December 2007.

[QCKate]

Re: Please help...Statute demand...Im scared.

Help will be at hand I'm sure Philip. The site owner, Celestine is an expert in these matters and knows how to deal with Lowells etc. Hold fire and with any luck she'll pick this up very soon.

QCK

[EXC]

Re: Please help...Statute demand...Im scared.

In the meantime read posts 1, 9 & 11 here http://www.legalbeagles.info/forums/...ands-READ-HERE

[jax50]

Re: Please help...Statute demand...Im scared.

not sent by registered post or recorded delivery ? hmmm

[Amethyst]

Re: Please help...Statute demand...Im scared.

One point - don't worry about the date, the clock only starts running on the date of service, so 16th Dec NOT the date on the form.

It probably says that in the links EXC posted, but thought that might be stressing you.

You still have your 18 days to sort things out xx

Main thing to do first is send off a CCA request. I'll get a template for you xx

This seems to be most used currently in such cases, if you can get that sent off with a £1to Lowells that would be a great start.

ADDRESS
ADDRESS
ADDRESS
ADDRESS

DATE



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,

Hand delivered is fine.

[Philip]

Re: Please help...Statutory demand...Im scared.

Thanks guys.

I really didnt get any sleep last night. So worried right now.

[Celestine]

Re: Please help...Statutory demand...Im scared.

Philip and me are in touch and I will take the case forward :beagle:

[Philip]

Re: Please help...Statutory demand...Im scared.

I have gone down and met Celestine, Sent off the CCA request by special delivery.

Can I say a huge thank you to Celestine for all her help and seeing me so quickly.

[Celestine]

Re: Please help...Statutory demand...Im scared.

It was lovely to meet up with you Philip. My first Brightonian Statutory Demand!! :beagle:

[Philip]

Re: Please help...Statutory demand...Im scared.

I feel so lucky to be living so close

[TalbotWoods]

Re: Please help...Statutory demand...Im scared.

And your in good hands now Philip. As the saying goes, sleep well

Tim

[Philip]

Re: Please help...Statutory demand...Im scared.

Now that I am a vip member, can I post updates on this thread and its hidden ? Is that how it works ?

Thanks.

[Philip]

Re: Please help...Statutory demand...Im scared.

And your in good hands now Philip. As the saying goes, sleep well

Tim

thanks Tim for all youre help.

[Amethyst]

Re: Please help...Statutory demand...Im scared.

You can once I move your thread to the VIP area, if you'd like me to ?

Currently it is still in the public area, so you can leave it here and start a new one in VIP for while you're dealing with it, then come back and post on here once the risk has passed, OR I can move it all to VIP now and move it back out (if you want) once it's concluded.