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

[ODC]

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

Its funny you point that out. Saturdays seem to be a favourite time for DCAs to send threats. After all no solicitors or CAB offices are open. Thank God for the internet though

[Inca]

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

Its funny you point that out. Saturdays seem to be a favourite time for DCAs to send threats. After all no solicitors or CAB offices are open. Thank God for the internet though

Just about every 'throw me into a panic' letter I have ever received has been on a Saturday,,took years for me to pluck up the courage and decide not to open them till Monday. lol

[ODC]

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

Holiday times seem to be another favourite of the Cretins. I got an SD from Worst Crudit two days before Christmas because obviously they knew that the Courts would be closed and solicitors away for practically a fortnight. Obviously purely designed to intimidate.

[MIKE770]

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

same as HSBC Muppets MCS etc just before xmas ( only days before) a few years ago. = children like to play idiots.

[fuzzybrain]

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

At the first hearing the judge addressed me and asked if i was denying this debt existsing and whether the debt was mine. My response was that the issue was the enforceability of the debt, not its existance and in the past 4 years BC have been unable to produce a credit agreement that shows this debt is enforceable.

The judge was happy with this and said she would allow this argument to continue, otherwise she would have shut me down at the first heaing, so I think my strength is to continue along the enforceability argument.

Points that I can think of raising in response to the their WS, but i'm not sure how to put it together

A) They claim I have never disputed the debt but if they had all the apwerwork from BC theny would know that i have disputed this debt from 2009 and also dosputed it with other DCA when BC tried to pass it around snd it always ended up back with BC

B) Still no credit agreement, desoite the fct they have tried to convience me that the terms and cinditions are a credit agreeement - there is nothing that ties me to that credit agreement - I knwo there are certain terms that must be met for the debt to be enforceable but I can't remember them (Doh!!)

C) No default notice has ever been received and they can't locate it either (it's probably stored in the same place as the credit agreement - in the shredder!!)


D) Still haven't paid the court costs ordered by the judge from the first hearing

E) They missed the file date by well over 2 weeks and I've already submitted a letter to the judge infirming her of this and that they haven;t paid the court costs. Can they appeal if the judge has sided with me because of the failure to file on time and what's the chances of an appeal being granted?

F) Probably more, but can't think of them right now - i'm going to call the court tomorrow and see if the judge has ruled in respect of the letter I sent in.

All thought, suggested and advice is very very welcome and gratefully received

[Inca]

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

I suggest you write down everything you want to say to the court....then pour yourself a large whatever your favourite tipple is,,,,,,,,run a big hot bath and soak ya bones.......leave the fretting to tomorrow.xx

[fuzzybrain]

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

Sunday night is a good TV night, so i'll distract myself with call the midwife and Selfridges - i'm screwed next Sunday though as they both the last in series tonight...........

[Inca]

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

I couldn't get into the selfridge one,,but Call the Midwifes really good,,I have a bad hip and have managed to knacker the opposite ankle so laid up in bed being waited on

[fuzzybrain]

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

I'm so sorry to hear you are suffering so much. I'm in a similar state thanks to my blasted bladder disease. I'm stuck on the sofa aand clock watching till my next morphine dose.

Still at least the TV is good tonight, I've also got Glee to watch - i'm such a saddo!!!

[Celestine]

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

I've had a response from BW/Lowells


I can't scan it up at present as my scanner at home is not working but i can post itnup tomorrow when i'm at work. In the mean time I can give an overview of what they have sent.

There is a letter from Barclaycatd dated 11 feb 2013

It states my account number and says it is in reference to section 78 of the CCA 1974

I refer to your request for information

Thr information we must provide to you under the terms of Section 78 of thr CCA 1974 ("The Act") is prescribed by the act anf by thr consumer credit (cancellation Notices and copies of dcuments) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a section 78 request, the creditor shall give the debtor a copy of the excuted agreement (and any document referred to in it) and a statement of the account.

I enclose a resconstitued copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. This is a statement o the terms of yur agreement with us ad incorporates any variations to the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest rates , fees and charges set out in the agreement, may differ from those we have discussed with yum due to the current states of your account.

A statement of your account is below:

The current credit limit on your account is £0.00

The current balance on yur account today is £3,209.30


Due to the current status of your account, the cull outstanding is now due.

This completes our obligatons under section 78 of the Act


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>

There is then a sheet of A4 paper that has my prevous address in block capitals on the left had side and at the bottom of the page in a box is the statement

"your right to cancel: Once you have signed this agreement, you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to youb by post by us"

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>

The next page is the agreement which has the title of Barclarycard conditions Credit Agreement regulated by the consumer credit act 1974

There are i personal detsils on the form at all - nothing that mentions my name, address or anything that identifies that I am connected to the account. The is a blank cancdllation box in the corner by this doesn't seem to quite fit in with the rest of the document and again it is completely blank. There are mentions if the year 2004 but I can't see how this is an agreement as its clearly terms and conditions - it even says so on the top of the page and the opening line states these are the terms and conditions of an agreement between (barclaycard bank pkc ) and you the person whi signed t agreement.

There is nowhere to sign the agreement, there is no date and no space for personal information - surely this can't be presented to court as a credit agreement???? Probably an easier question ti answer once i'v scanned everything up!!!

The next 3 pages is another set of terms and conditions which seem to be from 2008 as there is a date on the top of page of 03/09/08


Any suggestions on my next move - oh and still no court costs that should havve been paid either!!!

Can you email a copy of this 'agreement' to admin@legalbeagles.info please Fuzzy? x RED BIT

[fuzzybrain]

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

I've emailed it all over - its exactly the copy they sent me, without me taking out any personal details etc.

Please let me know if you need anything else - I am incredibly grateful and apprective of all the help - thank you so so much xxxx

[Celestine]

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

Thanks Fuzzy - all received, just chatting to PT about it and will come back to you.

Don't worry xxx

[Celestine]

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

Fuzzy - Do you have any documentation proving this was originally a Sky Card? - This is very important

[fuzzybrain]

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

I think it was taken out in 2003/2004 but they have never actually confirmed this.

It was always a Barclarycard. I got confused it was never a skycard - that was a different debt

Sorry for the late reply, my computer has decided to start playing uo and won't send messages or let me post!!

Thank you so much for your amazing and wonderful help. I am very grateful indeed


Jen

xxx

[Celestine]

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

Right Fuzzy xx

A Witness Statement is needed. Don't worry I will help.

They believe they complied with the Court order by sending that 'agreement' on the 15th February.

Though it doesn't look much, that blank page with just your name and address plus a cancellation box could be construed as CCA compliance. It is certainly unlikely the Judge will strike out their Stat Demand.

So, we need to demonstrate that there is a substantial dispute that would be better resolved through County Court proceedings rather than a Bankruptcy petition.