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

[Inca]

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

Devil is in the detail

I knew you were going to say that PT,,I'm learning something

[fuzzybrain]

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

Things are getting weird.....

Another letter from BW today - they sent me the directions from the judge from the hearing (WTF? and why??) - how sweet shame they didn't actually follow them!!!

Phined the court and buttered up the bankcrupcy court and she told me that still have received absouletely zero from BW.... She checked today's post and there was nothing - which us weird as I would have thought they would have had received it before me.....

The judge has seen my file and letter and said that they have 7 days from the date of the typed order to file any evidence to the court or they will be disbarred from using or introducing any evidence at the hearing. The clerk is going to get it typed up today and sent out asap, as the time frame is so close to the hearing. The hearing is going ahead regardless so it's time for me to learn practice my Q and A's regarding all of this. Out comes the black suit again.......

I guess the next question is we have received their WS, so do I act on that and re file a WS t the judge befire the hearing or leave alone until we know the court receives theirs....

What happens if the court doesn't receive the paperwork from the other side but i do....... I guess what I am wonderiing is - is this a scare tatic from BW - send me a load of info and scare me into dropping the set aside but haven't filed with the court as thwy know their info is bogus and not strong ebough to defend a stat demand with.

Also the court costs - still haven't been paid to me - can i ring BW and remind them of this or just wait and smack them in the mush with it at the hearing?

Thanks for all the help xxxxx

[Celestine]

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

Remind me of the Hearing date again Fuzzy x

[fuzzybrain]

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

3 April.

According to the order sent to both parties after the hearing Lowells had to file by 22 Feb and i had the option of responding by 15 March (although i did not have to file if I didn't wish too)

Costs should have been paid to me by 15 Feb

They have broken every direction ordered by the court and yet they still get another 7 days to file their evidence - how is that fair????

[fuzzybrain]

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

Hi Cel - have sent you a PM re the T&C and something I’ve just noticed

Things are just about to get interesting, but I’ll leave it to you to offer an update as I don't know if it’s appropriate for me to do so atm.

Thank you so much for the chat tonight and for EVERYTHING!!!! You are an absolute saint and should change your name to Saint Celestine the Great. I could never express the amount of gratitude I have for you and all helping me with this very interesting battle.....

[CleverClogs]

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

Is there any onus on me to prove i didn't have a football card?

No, of course not.

If so how can i prove I didn't?

Take up cricket.

[TUTTSI]

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

Hi Fuzzy

Just read this case where a new member stated that the judge threw out her Lowells case because thet did not furnish her with the CCA and that they did not provide her with a default notice.

http://www.legalbeagles.info/forums/...n-out-by-Judge

On entering the hearing I am glad I never singned or agreed to anything as the Judge threw the SD out on the basis that the company had not furnished me with the CCA and neither could the company provide a copy of any default notice

[fuzzybrain]

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

In my book cricket is the same as watching paint dry - guess who hates sports!!!!


Now if they had offered a chocolate lovers card........

[fuzzybrain]

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

Just a quick update, but its not going to be very informative just yet!!

Firstly, I would like to offer my deepsest gratitude to Celestine for her amazing support and assistance and for the others that have been assisting with this case. Because of this amazing support I can't say too much about what it hapening just yet but when i can update, I will and it will be quite a story!!!

There have been some very interesting and bizzare developements to this case, and Lowell's are in for a very bloody nose in the not so distant future, 3rd April be exact unless they cave before then and if they have any sense they will, but on the other hand we are hoping that they are stupid enough to let the hearing go ahead on the 3rd April. - i wish I could sell tickets as its going to be quite a show, complete with fireworks !!

What I can reveal that Lowells certainly require some extra education classes in reading as they seem to incapable to read or obey court orders. I swaer they don't have anydody in their office that are capaple of reading or following simple instructions!! They still haven't paid the costs from the first heariing which are now over due by 2 plus months, so that's another large slap we will be admistering in court on the 3rd April!

On the plus side their complete ignorance and stupidity is to my benefit, and we are going to take full advantage of it

I think its safe to say that Lowells will not be sending me or Celestine a christmas card this year -what a shame

[PlanB]

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

There have been some very interesting and bizzare developements to this case, and Lowell's are in for a very bloody nose in the not so distant future, 3rd April be exact unless they cave before then and if they have any sense they will, but on the other hand we are hoping that they are stupid enough to let the hearing go ahead on the 3rd April. - i wish I could sell tickets as its going to be quite a show, complete with fireworks !! On the plus side their complete ignorance and stupidity is to my benefit, and we are going to take full advantage of it

I'd happily buy tickets to this event :whoo::whoo::whoo:


I'm fuming about the ordeal which Lowell has put you through. Keep going because you're almost there :hug:

[Kafka]

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

I hope you've got your costs clearly worked out and compensation for distress etc? Sounds to me like you hold all the aces!

[ODC]

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

As usual the Leeds Losers will be outdone by their greed and contempt for forum s like this. Jimmy C and Andy B are arrogant barstewards

[FlamingParrot]

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

As usual the Leeds Losers will be outdone by their greed and contempt for forum s like this. Jimmy C and Andy B are arrogant barstewards

It's high time something was done about them and their abuse of process by using SDs as debt collection instruments, taking advantage of the fact that you don't need to go through a court to issue one, you can just download one, fill it in and pop it in the post, even though they are supposed to be served in person, in many cases they are not. From what I have seen on here, they also resort to dirty tricks such as dating them two weeks earlier so as to give the impression that you've missed the deadline to apply for a set-aside. Surely all that contravenes the debt collection guidelines! :mad2: :mad2:

[CleverClogs]

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

From what I have seen on here, they also resort to dirty tricks such as dating them two weeks earlier so as to give the impression that you've missed the deadline to apply for a set-aside. Surely all that contravenes the debt collection guidelines! :mad2: :mad2:

It does, but did you expect the Office of Faffing and Twaddling to do anything about it?

They've not acted against inappropriate use of SDs since they sent 1st Crud to the naughty step for a whole year. (link)

[Celestine]

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

A Court Order was made on 7/3 which debars any further evidence being submitted after 18/3/13.

The Witness Statement supplied by BW Legal also on 7/3 mentions at para.18 "Efforts to locate Default Notice are ongoing and will be submitted to Court and debtor when we find it"

Oh no it won't.......... time limit for 'new evidence' expired on the 18/3....Sorry.

So on top of everything else wrong with the agreement itself, there is quite simply no default notice and no mention of when it was issued and why.

Game Over