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BW Legal / Lowells Statutory Demand Received Please help !! WON!!!
Hi all, upon returning home on Friday (28th Feb) I found a hand delivered Statutory Demand from BW Legal (the demand itself was dated 16th December 2013) for just under £6K for two catalogue accounts.(both advised in the letter as Shop Direct Finance Group) but apparently purchased by Lowell Portfolio and passed to BW Legal.
As I had not even previously heard of a statutory demand I searched the internet and found this site to be the most informative and useful, particularly with BW Legal/Lowells.
Please forgive me if anything I mention now may not be completely correct, my only knowledge of these matters is what I have learnt today from this excellent website.
I will tomorrow be posting the CCA request to BW Legal (by recorded delivery including the £1 postal order) requesting all documentation to be provided within 12 days. I believe this now puts the debt into dispute. This letter was signed by a signature font, as this site suggests certain unscrupulous companies may 'use' a proper signature to 'assist' in providing such documents requested.
As such I believe my next step is to complete forms 6.4 & 6.5 and send them to the court in question (not sure whether these can be sent by recorded delivery or have to be personally handed to the court?) Advising that I have submitted the CCA request and as such the account is now in dispute, quoting case law "The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.
27. So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt"
I believe both these accounts to be pre 2007 (one of them is 100% pre 2007), although I am about 96% both of them are.
I have a mortgage (in joint names with my ex wife) with arrears but a payment plan in place so obviously want to avoid and bankruptcy proceedings. I have not (under advice from this site) made any contact to BW Legal (other than the CCA request) which I will post tomorrow.
I was hoping of any advice/comments/help/assistance as this is obviously a very worrying document to receive?
I have also mailed Kate directly, with a pdf file of the letter and stat demand, giving exact details and a copy of the CCA request letter, as I am not particularly IT talented (just starting this thread was a first for me!) I thought this was better than posting specific details, although if there is a way to do this that might let you guys help in any way please let me know how to do this.
I would be most grateful for any assistance at all, as this site is obviously the one to come to for such help!
As I had not even previously heard of a statutory demand I searched the internet and found this site to be the most informative and useful, particularly with BW Legal/Lowells.
Please forgive me if anything I mention now may not be completely correct, my only knowledge of these matters is what I have learnt today from this excellent website.
I will tomorrow be posting the CCA request to BW Legal (by recorded delivery including the £1 postal order) requesting all documentation to be provided within 12 days. I believe this now puts the debt into dispute. This letter was signed by a signature font, as this site suggests certain unscrupulous companies may 'use' a proper signature to 'assist' in providing such documents requested.
As such I believe my next step is to complete forms 6.4 & 6.5 and send them to the court in question (not sure whether these can be sent by recorded delivery or have to be personally handed to the court?) Advising that I have submitted the CCA request and as such the account is now in dispute, quoting case law "The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.
27. So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt"
I believe both these accounts to be pre 2007 (one of them is 100% pre 2007), although I am about 96% both of them are.
I have a mortgage (in joint names with my ex wife) with arrears but a payment plan in place so obviously want to avoid and bankruptcy proceedings. I have not (under advice from this site) made any contact to BW Legal (other than the CCA request) which I will post tomorrow.
I was hoping of any advice/comments/help/assistance as this is obviously a very worrying document to receive?
I have also mailed Kate directly, with a pdf file of the letter and stat demand, giving exact details and a copy of the CCA request letter, as I am not particularly IT talented (just starting this thread was a first for me!) I thought this was better than posting specific details, although if there is a way to do this that might let you guys help in any way please let me know how to do this.
I would be most grateful for any assistance at all, as this site is obviously the one to come to for such help!
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