LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

**nemesis45** · 15th January 2015, 09:44:AM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Hello again,
As said on your thread earlier this morning, no one can have funds that you don't have!
have you sent a CCA request to Lowell in the past?

You could write to Ms Sara de Tute, Director of Legal & Compliance (Copy to BW) on the lines of:

Date:
Ref: Use theirs:

Dear Ms de Tute,

I refer you to a letter from BW Legal dated xx. xx, xxxx. regarding an alleged for £xxxx.xx BW Legal has stated Lowell's intention to commence legal proceedings after removing the Statutory Demand issued earlier.

Please take note I am living on benefits and am unemployed and unlikely to gain employment due to ill health.
I would suggest that a county court claim and subsequent judgement will not achieve the result Lowell wants to achieve and would only increase the level of the alleged debt.
I also suggest that Lowell considers making a " commercial " decision regarding the alleged debt and closes the file.

Your decision of course but worth a try I think.!

nem

I enclose a financial statement for clarification of my situation.

**NUDDYDUST** · 15th January 2015, 12:55:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Hey NEM, thanks for getting back so promptly...

Yes, that's DEFINITELY worth a try. It just concerns that it seems so quick after such a lull. Mind you, they've done this before, in 2013, I recall CELESTINE et al being particularly unimpressed at the documents sent via LOWELL etc. Which I scanned to post I think. (sorry, STILL finding my way round after a while away). This was contained within though...

'the last entry states '29/08/12 - DEBT WRITTEN OFF - CREDIT - BALANCE £0''

Do WELCOME still even exist?

And, at risk of standing a tad dizzy; what does the withdrawal of stat demand actually mean?

Best regards,

Andy

**nemesis45** · 15th January 2015, 16:30:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Removed to allow them to enter a CC claim rather than petition for Bankruptcy.

Level for BR is rising to £5k the Government Has announced.

**Captain Haddock** · 16th January 2015, 06:46:AM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Originally posted by nemesis45 View Post

Removed to allow them to enter a CC claim rather than petition for Bankruptcy.

Level for BR is rising to £5k the Government Has announced.

Wow, they were on the ball over the change of threshold. Or did they get a rejection from the courts? I'd hate to think DCAs are that smart that they keep up to speed on changes in legislation, even those that get press coverage.

**Amethyst** · 16th January 2015, 08:24:AM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Still only this http://www.legalbeagles.info/forums/...6&d=1378846303 as the 'agreement' ??

Old thread http://www.legalbeagles.info/forums/...757#post371757

( The stat demand / bankruptcy level limit doesn't change till October 2015 btw)

**nemesis45** · 16th January 2015, 09:09:AM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

If a debtor has insufficient assets a bankruptcy petition is pointless and expensive, though I doubt this decision has been caused by the
threshold change.

The consultation on BR/Debt has involved a diverse legal and financial group so some would have been aware.

**NUDDYDUST** · 17th January 2015, 20:59:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Yes, at AMETHYST, nothing since that 'agreement' aside from the current correspondence & threat.

Think I may well (as per NEM advice) write to the TUTE woman early this week. When doing so - and as a point of coverage - do I have to 'without prej' the letter at all? Do I send her any evidence of my situation or wait until I'm asked?

I'm just worried about winding up in court TBH, it's a palaver I could do without at the moment. Then again, my outgoings, technically, outweigh my incomings so what, really, can they do?

Apols to all for sounding vague, I've just a tad more on my mind other that dealing with these cranks...

As per, many thanks...

**Amethyst** · 17th January 2015, 21:44:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Okay, well there simply is NO agreement at all so we should just respond to Lowell to that effect.

So same lines as Nems example earlier.... maybe - obviously amend as you like, but I think you should wave the no CCA under their noses too.

Dear xxxxxxxxxx

I refer you to a letter from BW Legal dated xx. xx, xxxx. regarding an alleged outstanding loan amount. This appears to be a loan with Welcome Finance from 2007 that is alleged to have been assigned to Lowell Portfolio, although I have never received any documentation evidencing this to be the case.

BW Legal has stated Lowell's intention to commence legal proceedings through the County Court, despite having previously withdrawn a Statutory Demand issued last year.

I had formally requested documentation under s.77 of the Consumer Credit Act 1974. I have yet to receive anything even vaguely resembling a credit agreement, which I am sure you will be aware means you are not entitled, while that default continues, to enforce the agreement.

Please take note I am now unemployed, living on benefits, have no assets and I am unlikely to return to work due to ill health. My health condition is not going to improve and to be honest, I have bigger issues in my life at the moment. Despite this I am quite prepared to defend any claim bought against me in full.

I would suggest that a county court claim and subsequent judgement will not achieve the result Lowell wants to achieve and would only serve to increase the level of the alleged debt. I would ask that Lowell considers making a " commercial " decision regarding the alleged debt and closes the file.

Yours sincerely

NuddyDust

**NUDDYDUST** · 17th January 2015, 21:52:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Excellent, thank you so much. Another quick question if I may...

When asking for a copy of a signed credit agreement do I HAVE to actually sign the request as well as send the £1 PO etc? Have a letter off of the only other thing I've left to tie up that mentions, three times within, that I have to 'hand sign' my request? Is this legit or simply a rouse to gaing a 'copy' of my signature?

**Amethyst** · 17th January 2015, 22:00:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

I don't really subscribe to the copying signatures off letters thing, so yes I would always sign letters - if I was concerned I would use an antitamper strip ( http://legalbeagles.info/wp-content/...aturestrip.jpg ) underneath my signature. Otherwise you're just asking for problems with the validity of any request. There's no legal requirement, I don't believe, to sign the letter but for DPA purposes they need to satisfy themselves of your identity before sending out copies of personal financial documents to anyone who asks. It is a legal requirement for the request to be valid to send the statutory fee of £1.

**nemesis45** · 18th January 2015, 11:30:AM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

No requirement to sign a CCA request.
A Data Controller has to be sure that the request is actually made by the data subject and can insist on proof of ID.

The lifting of signatures from CCA requests is in my opinion an " urban myth", never seen any proof of it happening.

nem

**NUDDYDUST** · 18th January 2015, 13:03:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Last Q (I hope)...on the document they sent whence it says 'DEBT WRITTEN OFF - BALANCE £0.00' - does that hold any sway at all?

Thanks

**Amethyst** · 18th January 2015, 13:05:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

That's usually put on when they sell the debt on and is standard ........... But ..... it can be used to question the debt owing, am sure a Judge mentioned it in a case quite recently.. will have to try remember where I read that.

**NUDDYDUST** · 28th January 2015, 12:07:PM

Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

Morning...

So today I've received County Court papers via LOWELL, it appears they're now intent on following this through which, frankly, has me worried sick as I've NEVER been through the county court process and know so little about it. As stated (I think), I now receive approx 432.00 pm in ESA, technically my basic outgoings are (when halved) 640.00, in short my wife covers the rest hence we 'lose' every month. My health condition and claim dictate that going back to work is going to be difficult and certainly won't happen in the near future. PLUS the figures on the form have somehow added an extra 2k to the debt which now stands at 6.5 total.

ANY advice would be greatly appreciated.

Many thanks, as per,

Andy

LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND

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