WON !! - BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

[Mississippi]

On Thursday after a great day at work as it was my birthday when homey daughter answered the door to a guy who asked former by my previous married name.

He told me he was delivering an envelope on behalf of BW Legal and left.

When i opened it, it was a statutory demand on behalf of Lowells for a total of £4694.33.

3 creditors

Lloyd's TSB - £2537.38
Shop Direct Finance - £1441.80
Vanquis Bank - £815.15

I am aware i owe alot in debt but these individually are alot larger than i remember.

I have today signed up to experian to check everything out. I can find all three of these listed but as lovell, Lloyd's bank also have it listed nut nothing is listed direct from shop Direct finance or vanquis.

I have basically buried my head and kept myself busy working and raising my family.

Very very scared please help.

[enaid]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Hi and welcome,please have a read of these 2 links if you have not already read them

http://www.legalbeagles.info/forums/...ands-READ-HERE

http://www.legalbeagles.info/forums/...uccesses-forum

I am sure they will help you to feel a little more relaxed about your situation. You have got your head out of the sand now and help will be along soon.
Enaid x

[Amethyst]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Happy Birthday for Thursday, sorry you got such a crappy pressie.

Right, don't be scared, it's sort outable, firstly have a read of this http://www.legalbeagles.info/forums/...ands-READ-HERE

and send a CCA request for each of these debts separately to Lowells, each with a postal order of £1

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully




NAME

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Thanks do i send the letters to BW or lovells?

Does it have to be postal orders or could i send cheques?

Do i need to send letters registered or recorded delivery.

Thanks

[Amethyst]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Thanks do i send the letters to BW or lovells?

Does it have to be postal orders or could i send cheques?

Do i need to send letters registered or recorded delivery.

Thanks

Recorded is a good idea so you can track delivery. Cheques are fine - the letters want to go to, and cheque made payable to, Lowells, as they are the 'creditor' having purchased the debt.

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Recorded is a good idea so you can track delivery. Cheques are fine - the letters want to go to, and cheque made payable to, Lowells, as they are the 'creditor' having purchased the debt.

Thanks.

[ncf355]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

So they are still at it, even after the FCA's clear position on this?

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

So they are still at it, even after the FCA's clear position on this?

I'm sorry not sure what you mean.

[Amethyst]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Detailed rules for the FCA
regime for consumer credit

This instrument comes into force on 1 April 2014.

Proportionality

7.3.14 R (1) A firm must not take disproportionate action against a customer in
arrears or default.
[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]


(2) In accordance with (1) a firm must not, in particular, apply to court for
an order for sale or submit a bankruptcy petition, without first having
fully explored any more proportionate options.
[Note: paragraph 7.14 (box) of ILG]


7.3.15 G A firm should not make undue, excessive or otherwise unfair use of statutory
demands (within the meaning of section 268 of the Insolvency Act 1986)
when seeking to recover a debt from a customer.
[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Detailed rules for the FCA
regime for consumer credit

This instrument comes into force on 1 April 2014.

Proportionality

7.3.14 R (1) A firm must not take disproportionate action against a customer in
arrears or default.
[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]


(2) In accordance with (1) a firm must not, in particular, apply to court for
an order for sale or submit a bankruptcy petition, without first having
fully explored any more proportionate options.
[Note: paragraph 7.14 (box) of ILG]


7.3.15 G A firm should not make undue, excessive or otherwise unfair use of statutory
demands (within the meaning of section 268 of the Insolvency Act 1986)
when seeking to recover a debt from a customer.
[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

Ok from the little i understand they shouldn't have set me this then. So tomorrow i will send the 3 letters each with a £1 cheque requesting the CCA's.

Then what is my next step?

[Amethyst]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Ok from the little i understand they shouldn't have set me this then. So tomorrow i will send the 3 letters each with a £1 cheque requesting the CCA's.

Then what is my next step?

You should have a form 6.4 for a set aside which needs completing and returning within 18 days from service. However before doing that I would recommend giving Kate Briscoe a call at Howlett Clarkes as she is rather well practiced at dealing with these Stat Demands. Details are in the link I gave you earlier or http://www.legalbeagles.info/forums/...533#post386533

The CCA requests will really help with the set aside.

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Ok will do thanks.

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Ok will do thanks.

Right letters requesting CCA have gone. When i get home i will give Kate Briscow a call.

Do i need to get the form 6.4 off the internet?

Thanks.

[Amethyst]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

Right letters requesting CCA have gone. When i get home i will give Kate Briscow a call.

Do i need to get the form 6.4 off the internet?

Thanks.

You must apply to court to challenge it within 18 days (22 days or more if you were abroad when you got it).

• Fill in Form 6.4 – application to set aside a statutory demand (DOC, 40KB) and Form 6.5 – statement of truth (DOC, 40KB).

[Mississippi]

Re: BW LEGAL & LOWELLS SD delivered on my birthday scared stiff now.

You must apply to court to challenge it within 18 days (22 days or more if you were abroad when you got it).

• Fill in Form 6.4 – application to set aside a statutory demand (DOC, 40KB) and Form 6.5 – statement of truth (DOC, 40KB).

Just had a long conversation with Kate bristoe, well what a lovely lady completely put my and at rest.

We need more like Kate in this country.

Thank you very much for putting me in touch with her.