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WON!!! Lowell Statutory Demand - Over the timescale, please help...

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  • #1

    WON!!! Lowell Statutory Demand - Over the timescale, please help...

    Hi All,

    I'm desperately hoping someone may be able to help me...

    just over 2 weeks ago i had a hand delivered letter from BW Legal with a statutory demand attached to it. I read it and thought yes, i need to do something about this asap but unfortunately a day later my husband who has terminal cancer was rushed in to hospital with pneumonia and that kind of took precidence, he is still in there now.

    On Friday i had another letter from them telling me that i had until the 18th to respond to their letter (less than a day as i didn't get the ltter until i got home from the hospital at 7pm friday night). I sent an email to the address on the form first thing this morning apologising for not actioning it sooner and explaining my circumstances as to why, not as an excuse but just to let them know why i hadn't bothered replying. This was the soonest i could have done it after the reminder letter which arrived Friday.

    I have now not gone to visit my husband because i wanted to try and get this sorted out so am feeling very stressed and uptight as his situation is worsening by the day also. I am getting myself very upset trying to work out what to do. My situation is this...

    The SD contains two debts totalling just over £1600.
    Both debts were originally defaulted over 6 years ago and no longer appear on my credit file ( checked it as one of them i dont even know who it is or what for as its just an abbreviated name and what looks like a credit card number).
    I am now over the 18 days i had to get it set aside.

    Please could someone tell me if i have any options left. I gave up work to care for my husband so we have no income other than my carers allowance and disability benefit. We own our own home but are in negative equity and also have 3 secured loans on it. We have no disposable income at all everything goes on mortgage payments, council tax, utilities and eating.

    I am trying to find out whether because these are 6 years old they are automatically statute barred. I really dont want to have to go to court and have a hearing about this, my life is bad enough as it is without having the embarassment of having to go to court to beg a judge as to why i shouldn't have to pay my debts.

    Please could someone let me know if i have any options, it doesn't feel like it right now and i dont know what to do any more.

    Shell
    Tags: None
    • 1 thank
  • #2
    Re: Statutory Demand - Over the timescale and no response from creditor please help..

    Hi Shell and to LegalBeagles,,I personally can't help you but one of the knowledgeable will be along soon
    • 1 thank

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    • #3
      Re: Statutory Demand - Over the timescale and no response from creditor please help..

      Originally posted by shell7t8 View Post
      Both debts were originally defaulted over 6 years ago
      When did you last acknowledge them in writing or by email?

      When did you last pay anything towards them?
      • 1 thank

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      • #4
        Re: Statutory Demand - Over the timescale and no response from creditor please help..

        Thanks Cloggy
        • 1 thank

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        • #5
          Re: Statutory Demand - Over the timescale and no response from creditor please help..

          Hi,
          I've not acknowledged anything, ever i'm pretty sure (head in sand mode for long time and then it dropped off my file so thought whats the point worrying about it/them). The only time has been this morning when i sent an email to the address on BWs letter explaining why i hadn't been in touch regarding the demand letter and asking what my options were.

          Shell
          • 1 thank

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          • #6
            Re: Statutory Demand - Over the timescale and no response from creditor please help..

            PS - never made a payment either. The original capital one debt was £200 and the other £250 (total on SD is £1600 )
            • 1 thank

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            • #7
              Re: Statutory Demand - Over the timescale and no response from creditor please help..

              If six years had elapsed with neither payment nor acknowledgement in writing or email, then the alleged debts are statute barred - section 5 of the Limitation Act 1980 (link) - and BW Legal might even know that.

              If the alleged debts were already SB, then no subsequent acknowledgement could revive the right of action - section 29 (7) of the Limitation Act 1980 (link).

              You need to apply for the SD to be set aside as your first priority.
              • 2 likes

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              • #8
                Re: Statutory Demand - Over the timescale and no response from creditor please help..

                Hi,
                So, do i still need to apply for it to be set aside even though it is statute barred or could i just send a statute barred letter to BW Legal? If i apply for it to be set aside then do i just carry on and send hte forms to the court special delivery even though the 18 days have passed or do i need to ring them and ask for some kind of extension first? Should i tell BW Legal that i'm doing this? I have advised them of my situation and equity in home etc (ie nil) and am waiting for their response currently. I dont want to offer them anything considering these debts are now over 6 years old though, i just dont know what to do first !!!!!!!!!!!
                • 1 thank

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                • #9
                  Re: Statutory Demand - Over the timescale and no response from creditor please help..

                  I do not know the correct procedure in your case but I hope someone will soon turn up who does.
                  • 1 thank

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                  • #10
                    Re: Statutory Demand - Over the timescale and no response from creditor please help..

                    Exactly what date did you receive the Statutory demand?
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                    • 1 thank

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                    • #11
                      Re: Statutory Demand - Over the timescale and no response from creditor please help..

                      it was hand delivered to my 8 year old daughter whilst i was in the bath on the 25th February.
                      • 4 likes

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                      • #12
                        Re: Statutory Demand - Over the timescale and no response from creditor please help..

                        What is your location approx? (so I can check nearest BR Court)
                        Can you get to Court tomorrow?
                        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                        I am proud to have co-founded LegalBeagles in 2007

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                        • 2 likes

                        Comment

                        • #13
                          Re: Statutory Demand - Over the timescale and no response from creditor please help..

                          Originally posted by shell7t8 View Post
                          it was hand delivered to my 8 year old daughter whilst i was in the bath on the 25th February.
                          Hmmm that might assist.....
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                          • 3 likes

                          Comment

                          • #14
                            Re: Statutory Demand - Over the timescale and no response from creditor please help..

                            If you can get to Court tomorrow, they MAY make an exception due to exceptional circumstances. They are more likely to do this as the SD has been issued by Lowell who have a reputation for using the bankruptcy court as a method of debt collection of disputed debts.
                            If you can be online this evening, I can help you draft the forms.

                            Also, are we absolutely certain this debt is statute barred?
                            What communication have you received previously from Lowell?

                            I will PM you. Hang in there
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                            I am proud to have co-founded LegalBeagles in 2007

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                            • 3 likes

                            Comment

                            • #15
                              Re: Statutory Demand - Over the timescale and no response from creditor please help..

                              Hi,
                              Thank you for your responses, im not sure if i can get to the actual court tomorrow as my husband is critically ill in hospital with pneumonia and i also have a poorly daughter in to the bargain, am in meltdown mode at the minute trying to work out who and what to do first ! Tomorrow i will need to go to the hospital as i haven't been today but i could maybe go to the court. To be honest, i think id rather agree a payment plan with them than have to go to court and air my dirty laundry infront of a judge, particuarly at the moment where every area of my lief seems to be going rather downhill ! I'm struggling to get my priorities in order as everything seems to need to be top of the list at the minute ! The letter they sent me states that the two accounts were defaulted in 2006. I've never corresponded with Lowell but do regularly notice that they check my credit file for some reason!
                              • 3 likes

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