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

[fuzzybrain]

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

Its a very good point and I had not considered that the court papers count as acknowledge the debt. I was going on payment history.

As I am disputing the enforceability of the debt would this knowledgement be over ruled if the debt is shown to be unenforceable? I guess if its unenforceable then statue barred element doesn't come into play anyhow?

[FlamingParrot]

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

Its a very good point and I had not considered that the court papers count as acknowledge the debt. I was going on payment history.

As I am disputing the enforceability of the debt would this knowledgement be over ruled if the debt is shown to be unenforceable? I guess if its unenforceable then statue barred element doesn't come into play anyhow?

Only a judge can say for certain that a debt is unenforceable. Should you be taken to court, you (and your legal team if relevant) would have to convince a judge that the debt is, in fact, unenforceable. However, Statute Barred is an absolute defence, regardless of the paperwork available, that is, even if there was a properly executed agreement, a kosher DN and proper assignment, it would still be SBd after 6 years without payment or acknowledgment.

I can't wait for my unenforceable debts to go SBD! 3 years and counting… :clock:

[Kafka]

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

Fuzzy
A debt being unenforceable doesn't mean that it goes away, just that the owner cannot sue to recover it through the courts. They can still take other action to recover it.

Its if it becomes SB that they have no right to take any action at all.

[FlamingParrot]

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

Fuzzy
A debt being unenforceable doesn't mean that it goes away, just that the owner cannot sue to recover it through the courts. They can still take other action to recover it.

Its if it becomes SB that they have no right to take any action at all.

Actually, they can still sue you in both cases, smith is being sued for a SBd debt: http://www.legalbeagles.info/forums/...305#post328305

SBd is an absolute defence, while unenforceability is open to interpretation by a judge. Creditors can start proceedings because that doesn't constitute enforcement. I suspect many people out there get CCJs for unenforceable or even SBd debts because they are not familiar with the relevant legislation, they either get default judgment or admit the debt because they remember having the card or loan and don't know any better.

[Celestine]

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

FP can you post me a link to that graph of Lowell SD's please?

[FlamingParrot]

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

FP can you post me a link to that graph of Lowell SD's please?

Here it is, but it refers to actual bankruptcies rather than SDs issued.

[TUTTSI]

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

This does not make any sense that they would go for bankruptcy over coming to an arrangement with the creditor to repay the debt. However, I notice that 2012 is not as productive as 2011 in bankruptcies so guess more people are fighting back and they are not coming up with the crudentials necessary for going the whole hog.

Here it is, but it refers to actual bankruptcies rather than SDs issued.

[shell]

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

Actually, they can still sue you in both cases, smith is being sued for a SBd debt: http://www.legalbeagles.info/forums/...305#post328305

SBd is an absolute defence, while unenforceability is open to interpretation by a judge. Creditors can start proceedings because that doesn't constitute enforcement. I suspect many people out there get CCJs for unenforceable or even SBd debts because they are not familiar with the relevant legislation, they either get default judgment or admit the debt because they remember having the card or loan and don't know any better.

Unless you are in Scotland, where after 5 years a debt becomes S/B and it is absolute. Once S/B in Scotland the debt is dead. No recourse.

[fuzzybrain]

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

The main part of the defence at the hearing is that the debt is not enforceable.

I think that the costs Watson's will charge Lowells are getting very close to the amount of the actual debt itself (especially if they decide to go ahead with the hearing as Tom's fees for attending are going to increase the costs dramatically).

After Tom hits them all the evidence of why the debt is not enforceable at the Hearing I think it would be suicide on their part to risk taking it back to court.

If they do try the CCJ route there is so much evidence gathered from the Stat Demand set aside which will prove that its an unenforceable debt that defending against a CCJ should help in getting a CCJ application kicked to the curb.

Hopefully the judge may confirm in their ruling that the debt is not enforceable which would nail the coffin shut.

[gaz2006]

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

coffin will ony be shut at this time it could re opened if they locate an enforceable agreement with all trimmings etc the debt will still be there and will be still on credit file if you win case but just not enforceable .....

[CleverClogs]

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

coffin will ony be shut at this time it could re opened if they locate an enforceable agreement with all trimmings etc the debt will still be there and will be still on credit file if you win case but just not enforceable .....

Until six years have elapsed with neither acknowledgement nor payment...

It's a pity that Low-life cannot be required to pay a few thousands in compensation for egregious abuse of process.

[FlamingParrot]

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

coffin will ony be shut at this time it could re opened if they locate an enforceable agreement with all trimmings etc the debt will still be there and will be still on credit file if you win case but just not enforceable .....

If there was such an agreement they would be producing it now, wouldn't they? Especially with legal costs mounting as per post 222 above. It's very unlikely to suddenly turn up out of the blue! :nono: The debt may still be there, but you can't be made to pay it back, I've got £15k UE debt half way through to SBd, and it's no bother, I haven't heard from anyone for over a year. :grin:

[Celestine]

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

Even if they do 'find' the proper agreement or Default Notice, they cant produce them because the deadline for submission of 'evidence they will rely on' was 18th March.

[TUTTSI]

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

Shhhhhhhhhhhhhhhhhhhhhhhhh FP, keep stum

If there was such an agreement they would be producing it now, wouldn't they? Especially with legal costs mounting as per post 222 above. It's very unlikely to suddenly turn up out of the blue! :nono: The debt may still be there, but you can't be made to pay it back, I've got £15k UE debt half way through to SBd, and it's no bother, I haven't heard from anyone for over a year. :grin:

[CleverClogs]

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

Even if they do 'find' the proper agreement or Default Notice, they cant produce them because the deadline for submission of 'evidence they will rely on' was 18th March.

But wouldn't that only apply to their recent SD?

Couldn't the buggers start another claim later, if they ever manage to find (or cobble together) the missing documents?