I WON!!!! Served with a statuory demand by BW Legal/Lowell

[Celestine]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Personally, I'd go a bit simpler. It's a bit twisty turny at present

Lowells/BW legal have issued a statutory demand against me and appeared at XX Court on 02 February 2013 when I applied to set aside this demand.

At that Hearing, His Honour Judge XXX ordered that Lowells/BW Legal produce supporting documentation to me by XX/XX.

Lowells/BW Legal has now failed to comply with the Judges Order to produce the evidence they are dependent upon using at the adjourned hearing on 03 April 2013.

Lowells/BW Legal has already wasted the Courts and my time by appearing at court on 02 February 2013 and being unable to proceed with the case due to the lack of paperwork on their part.

Lowells/BW legal are clearly not in a position to prove the debt is legitimate, nor do they possess the paperwork relating to this alleged debt, so in accordance with insolvency guidelines they should not have issued a statutory demand. A statutory demand should never have been issued under these circumstances and I believe this was a vexatious course of action undertaken to intimidate and frighten me.

I am yet to receive the costs awarded to me at the last hearing from my opponents. The Court made an Order that Lowell/BWLegal were to pay my costs of £102 by 15 February 2013 no payment has been made to me or any reason offered why this payment has not been made.

I therefore respectfully ask the Court to set aside the statutory demand application by Lowells/BW Legal due to their failure to comply with the Courts Order of 02 February 2013.

I also ask the court to make a further Order for the payment of outstanding costs due to me from Lowell/BWLegal.


In addition, I ask the Court to consider making a further award of costs in respect of the expense and time I have been forced to spend on defending the statutory demand and the set aside application.

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Thank you so much for taking a look at the letter and making the improvements - with your permission please may i use this version to submit to the court?

I'm goign to fax, email and post a copy of the letter to the court tomorrow - is there anything else i should do?

Do I need to send lowells a copy - i'd rather let sleeping dogs lie until the judge (hopefully!!) dismisses their stat demand and hits them with a cost order in my favour, then i am more than happy to contact them and chase them for payment!!

Thank you so so much for all your help, advice and support - i am grateful beyond words xxx

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

I telephoned the court and I was advised to email the letter to them, which I have now done I have also sent a hard copy via snail mail to cover all bases.

Just need to wait for the judge to give her directions now and hope she kicks Lowells into place.

Thank you for all your amazing help and I will keep you all updated xxx

[FlamingParrot]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Well done fuzzy, we'll keep everything crossed for you! :okay:

Do keep us posted.

[TUTTSI]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Ditto FP, good luck Hun keeping fingers crossed for you.

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

I've had a confirmation email and they have received the snail mail version too. Just a case of waiting for the judge to issue her directions

Oh and still no payment in respect of the court costs either - that 2 and half weeks late and counting........

[CleverClogs]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

still no payment in respect of the court costs either - that 2 and half weeks late and counting........

When will you put the bailiffs in?

[Inca]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

I can't add anything sensible to your thread Fuzzy except to say 'well done + hang in there' and to the Beagles helping..what a bunch of stars you are

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

I couldn't have done any of this without the fabulous and amazing LB's and I am forever in their debt and extremely grateful.

Still no word, but i'd love to send the baliff's in - after all they'd do the same to me in a heartbeat!!! Guess i need the judge to enforce the judgement - or is it already a judgement - i'm a bit confused by what the costs order actually means and how i can enforce it

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

The cheeky ******** %%^&&^ and other such words that i should not be even thinking, let alone using!!!

BW legal have just sent me a friggin novel of why my stat demand should not be Set aside!!! A rain forrest was destroyed in the making of this c$$$ - sorry
i'm a "bit annoyed"

Firstly its dated the 7 March - so way over time of the file date of 22 February 2013 to begin with, so the court will only have got it today, luckily my order to dismiss went in well over a week ago, so hopefully the judge has got her mitts on mine and has made a decision to dismiss (although she hadn't
looked it when I called Wednesday, so unless she was in on Thurs or Friday then this maybe put before the judge too alongside my application to kick them to the curb.

Anyhow back to the pile of s$$$ they have sent me (at least i hope that's what it is and the amount they have sent is just smoke and mirrors)

The rest of the paperwork is what I hav already been sent - but they keep referring to the credit agreement but where is it - all they have sent is terms and conditons that have no personal details and can be related to me. I have previously received the "credit agreement" and posted previously.

All suggestions and help is deperately and gratefully received

[CleverClogs]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

All suggestions and help is desperately and gratefully received

The author seems to be barely literate:

the Creditor sent no less than 22 letters to the Debtor

He should have written, of course:

the Creditor sent no fewer than 22 letters to the Debtor

Paragraph 9 may contain an untruth, if you did respond to their letters.

Paragraph 11.2 is missing.

Whilst you might not dispute the existence of the debt (which, in itself, may prove unwise) you do dispute that the debt is enforceable through the courts and you believe that the claimant is using a Statutory Demand and the consequential threat of bankruptcy to evade the limitations imposed by their not having complied with your s77/s78 request.

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Re: 11.2 - sorry that was my fault, must have deleted it - and its probably an important point as they still haven't supplied the default notice and have said they still don't have it!! Have re uploaded a correct copy of the WS

I guess I have to wait and see what the judge says aout my letter re the fact they hadn't filed any defence to the court by the stated time or paid the court costs they should have paid me. My guess is that they will appeal if the judge does come down on my side re them not filing in time, so I don't think i'm anywhere near the finish line with this

[Inca]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Conveniently sent to you on a Saturday,fuzzy,to mess with your head..Put it away,,and don't look at it again till Monday,you can't do anything till then and don't let it ruin your weekend x

[fuzzybrain]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Thank you Hunni.

You are completely right, hopefully the judge will see through their games but we shall see. I'll give the courts a ring on Monday and see what happens now.

[TUTTSI]

Re: HELP!!! I've just been served with a statuory demand by bwlegal/Lowell

Have you checked with Experian or another organisation if the default has been registered and what date was it registered?

The fact that they state that they issued the true copy of the assignment, did you ever receive this document?

They still have to provide you with the original copy of the credit agreement as the T&C's are not specific to you.

They did not pay your costs as they probably believe that they will sway the court to NOT set the SD aside as they have got it into their head that you have agreed that this is your debt when in fact you are still awating for documentation to prove it is your debt.

I fully suspect you will need to prepare a witness statement ready for court date and all these points will have to be mentioned as they are trying to make you look the bad one and you will have to turn the tables back on them.

If you have told them that this is your debt as they are telling the judge you have agreed that you owe this debt you may wish to start to agree a repayment plan and again you will need an expert such as PT to guide you hun.

Re: 11.2 - sorry that was my fault, must have deleted it - and its probably an important point as they still haven't supplied the default notice and have said they still don't have it!! Have re uploaded a correct copy of the WS

I guess I have to wait and see what the judge says aout my letter re the fact they hadn't filed any defence to the court by the stated time or paid the court costs they should have paid me. My guess is that they will appeal if the judge does come down on my side re them not filing in time, so I don't think i'm anywhere near the finish line with this