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

[PlanB]

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

I've been longing to read this post. Well done to all those who helped Fuzzy to fight Lowell and won :cheer2:

Will she get her costs paid by Lowell :grin:

[ODC]

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

Unfortunately many many people do not know their rights and fall for the lies of these scummy barstewards. It was Lowell that drove me to places like this. Thank you Leeds Losers because of the bullying of one of your Threat Monkeys I have save tens of thousands of pounds personally and helped many others to defeat the legalised extortionists of the Greedy DCA industry

[Celestine]

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

LOL We're not there quite yet, Lowell need to realise just how screwed they are first.......

[CleverClogs]

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

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

But is it?

Mightn't they try again with another SD, possibly dated three weeks before it was "served"?

[fuzzybrain]

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

I have been fortunate enough to have assistance from Kate and Watsons solicitors, via CFA and they have been amazing. Kate and Watsons have been so incredibly supportive and have really taken so much pressure off my shoulders and I can't believe how lucky I am to have them agree to take my case.

Watson, especially Kate, have kept me informed of every single development and have explained everything so even i understand what’s going on (and that’s a challenge in itself!) Having Kate and Watson involved has been such a relief asat the first hearing the judge has confessed she wasn’t familiar with CCA and I needed to demonstrate why the agreement was enforceable (this shoould be done at a CCJ level and not at a stat demand, by hey ho!!) and although Lowell have royally screwed up I was feeling scared and out of my depth and not overly confident of being able to do this, so having Watson on board feels like a gift from heaven.

Kate (with help from the amazing PT and all at Watson) has managed to find so much wrong with Lowell's case it’s a case of what error to point out first!! What is actually correct with the Lowell's case would fit on a postage stamp!!

Obviously being a CFA Watson will be able to make an order for costs when we win and I hope they hit them for every single penny possible as Kate has worked so hard to sort this mess out they deserve all they can get.

Despite Lowell being warned I am now represented by Watson and its going to cost them, Lowell seem to be unable to read as they are not responding to emails sent by Kate to them so its full steam ahead with the hearing, which means they are now going to get walloped for barrister fees, as thanks to Kate, I will have the fabulous Tom Brennan (again CFA – how lucky am i!!) accompanying me which is such a huge relief for me and I can't express how lucky and grateful I am for Kate for organizing all of this.

Due to Lowell’s complete lack of indifference and inability to respond they don't realise what large sled hammer Tom is going to use to knock them into the next decade. On top of all the errors they have made I am still owed the costs ordered by the court from the first hearing, so this is another whack from the sled hammer Tom will be administering that is coming Lowell's way

It’s going to very educational hearing and I'm taking a large bag of popcorn and will sit back and watch it all unfurl!! I wish I could record the hearing and play it to you all but I promise to take lots of notes and report back on the full details x

If anybody ever needs assistance from Solicitors Watson are the most amazing and fabulous firm on planet earth. There aren't enough words to express my gratitude.

[fuzzybrain]

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

I would hope that Lowells won't go anywhere need me after this hearing. This is going to cost them more than the debt they think I owe.

I think the only slight risk is that they might try the CCJ route, but there will be so much info on how this debt is not enforceable that it should be fairly easy to fight that off it it happens.

I wouldn't put it past them to sell the debt on either!!!

[CleverClogs]

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

I wouldn't put it past them to sell the debt on either!!!

To MacKenzie Hall?

[fuzzybrain]

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

My guess is that they will wait till its nearing statue barred and then selling it onto one of the other DCA's. I guess its a bridge to cross if/when it happens.

[Kafka]

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

Damn shame its so far away and I can't go.
I don't normally approve of blood sports, but in this case I would make an exception and enjoy the spectacle!

:beagle::beagle::beagle::beagle::tongue2: :elch:

[FlamingParrot]

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

I have been fortunate enough to have assistance from Kate and Watsons solicitors, via CFA and they have been amazing. Kate and Watsons have been so incredibly supportive and have really taken so much pressure off my shoulders and I can't believe how lucky I am to have them agree to take my case.

Watson, especially Kate, have kept me informed of every single development and have explained everything so even i understand what’s going on (and that’s a challenge in itself!) Having Kate and Watson involved has been such a relief as at the first hearing the judge has confessed she wasn’t familiar with CCA

:scared: :scared: :scared: How can they rule on a subject they are not familiar with? That's like saying "the doctor wasn't familiar with open heart surgery and I had to take my surgeon friend with me to assist him during the operation". :rant: :rant: :rant:

and I needed to demonstrate why the agreement was enforceable (this shoould be done at a CCJ level and not at a stat demand, by hey ho!!) and although Lowell have royally screwed up I was feeling scared and out of my depth and not overly confident of being able to do this, so having Watson on board feels like a gift from heaven.

It should have been up to THEM to show the agreement was enforceable, as they are the claimants, perhaps that's why they choose to use SDs instead, because they wouldn't have a hope in hell of obtaining a CCJ.

Kate (with help from the amazing PT and all at Watson) has managed to find so much wrong with Lowell's case it’s a case of what error to point out first!! What is actually correct with the Lowell's case would fit on a postage stamp!!

Obviously being a CFA Watson will be able to make an order for costs when we win and I hope they hit them for every single penny possible as Kate has worked so hard to sort this mess out they deserve all they can get.

Let's hope so, that should teach Lowells to stop using SDs as a debt collection instrument! Maybe hitting them where it hurt$ (their bank account) :wof: :wof: :wof: will achieve what the regulators have so far failed to achieve.

Despite Lowell being warned I am now represented by Watson and its going to cost them, Lowell seem to be unable to read as they are not responding to emails sent by Kate to them so its full steam ahead with the hearing, which means they are now going to get walloped for barrister fees, as thanks to Kate, I will have the fabulous Tom Brennan (again CFA – how lucky am i!!) accompanying me which is such a huge relief for me and I can't express how lucky and grateful I am for Kate for organizing all of this.

Due to Lowell’s complete lack of indifference and inability to respond they don't realise what large sled hammer Tom is going to use to knock them into the next decade. On top of all the errors they have made I am still owed the costs ordered by the court from the first hearing, so this is another whack from the sled hammer Tom will be administering that is coming Lowell's way

It’s going to very educational hearing and I'm taking a large bag of popcorn and will sit back and watch it all unfurl!! I wish I could record the hearing and play it to you all but I promise to take lots of notes and report back on the full details x

If anybody ever needs assistance from Solicitors Watson are the most amazing and fabulous firm on planet earth. There aren't enough words to express my gratitude.

Watsons are, indeed, very good at their job, and their consumer credit litigation experience is hard to beat. :first: Unlike other firms, they are specialists, and only act on behalf of consumers, some firms act both for debtors and creditors . Well done to all of you!
:cheer2::cheer2::cheer2:

[CleverClogs]

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

Maybe hitting them where it hurt$ (their bank account) will achieve what the regulators have so far failed to achieve.

It should, but I doubt that they will be hurt sufficiently for them to be persuaded not to do this again.

[TUTTSI]

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

The story wont be any different is Lowells did not provide the paperwork then I very much doubt anyone else will.

How long to go to statute barred?

This would have been no different for Mojake with Lowells had he dealt with the s78 when advised to do so + answered all the questions instead of playing us all along.

My guess is that they will wait till its nearing statue barred and then selling it onto one of the other DCA's. I guess its a bridge to cross if/when it happens.

[CleverClogs]

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

How long to go to statute barred?

Six years.

[fuzzybrain]

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

Last payment was made in around April/May 2009, so statue barred around 2015 I guess.

[CleverClogs]

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

Last payment was made in around April/May 2009, so statue barred around 2015 I guess.

But it was acknowledged much more recently.

It was also asserted to be unenforceable at law, but it was acknowledged to exist.