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

[fuzzybrain]

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

Now that the court costs has settled and this all done and dusted its time for me to start mission Payback. This may sound vindictive against Lowells - that's because it is - but I think I have justified cause!!!

I am going to submit a complaint to OFT in regards to Lowells and BW Legal behaviour but what is the best way to do this and should I give them a copy of everything that was submitted to court or should I wait and see if they ask for it?

As it has been within the court arena can I complain to FOS/FSA (or whatever they are called these days!)? Also do I complain about Lowells or and BW legal to them as it was BW who Watsons were dealing with, albeit under Lowell's instruction. Can I complain about the fact they went straight for the SD instead of trying the CCJ route and also how they kept insisting I enter into a repayment plan, even after they withdrew the SD but still tried to insist that I had to arrange a repayment plan with Lowells because of the SD (even after the dismissal of the SD), even though Watsons told them that this was never going to happen.

They kept mentioning my medical conditions and using this as a reason to explore my financial situation in regards to a repayment plan. (even though they claimed initially they were unaware of my health issues and claimed that it had never been raised in court at the first hearing!) I know that FSA charge the companies for every complaint that is investigated against them so a complaint is worth trying. Can I raise a complaint about their behaviour and the distress their actions caused and the negative impact this had upon my health. If I am able to complain to FSA then I'd really appreciate any further ideas what else I can add to the complaint to strength it then.

Who else can I complain to and how can I do this? - I want to cause Lowells as much grief as possible - it seems only fair after everything they put me through

All suggestions and advice is always gratefully received and deeply appreciated xx

[QCKate]

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

Fuzzy you'll be doing lots of people a big favour by doing this. I think your complaint should be about Criminowells. No harm in referring to BW but they are working on instructions. I think you have to make the complaint to the FOS http://www.financial-ombudsman.org.u...complaints.htm
All the details and the form to complete are at that link but I think Youll need copies of all the main documents before during and after the court case. Also when the FOS accept your complaint, Criminowells will have to pay a fee whatever the outcome!!!!

Dont expect it to be quick though!!

Good 4 U!!

QCK

[FlamingParrot]

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

Now that the court costs has settled and this all done and dusted its time for me to start mission Payback. This may sound vindictive against Lowells - that's because it is - but I think I have justified cause!!!

No only is it more than justified, you'll be doing a lot of people a big favour! :clap2: :clap2: :clap2:

I am going to submit a complaint to OFT in regards to Lowells and BW Legal behaviour but what is the best way to do this and should I give them a copy of everything that was submitted to court or should I wait and see if they ask for it?

If BW Legal are a law firm, they should be reported to the SRA: http://www.sra.org.uk/consumers/prob...solicitor.page They also offer debt collection services but it looks like they were acting on a legal capacity in this case, weren't they? :ohwell:

As it has been within the court arena can I complain to FOS/FSA (or whatever they are called these days!)? Also do I complain about Lowells or and BW legal to them as it was BW who Watsons were dealing with, albeit under Lowell's instruction. Can I complain about the fact they went straight for the SD instead of trying the CCJ route and also how they kept insisting I enter into a repayment plan, even after they withdrew the SD but still tried to insist that I had to arrange a repayment plan with Lowells because of the SD (even after the dismissal of the SD), even though Watsons told them that this was never going to happen.

You are expected to complain to the organisation in question before going to the FOS and they will have 8 weeks to look at your complaint. See this for reference about complaining to the FOS: http://www.financial-ombudsman.org.u...complaints.htm

It's important that you complain first to the business you're unhappy with – and give them a chance to look into your problem. They have eight weeks to do this. We can help by contacting the business for you, and telling them about your complaint.

• phone our consumer helpline on
  0300 123 9 123 or 0800 023 4567
  Monday to Friday – 8am to 8pm
  Saturday – 9am to 1pm
  we'll be happy to phone you back
• email complaint.info@financial-ombudsman.org.uk we will usually be able to deal with phone queries on the spot – so phoning will be much quicker than emailing us

This relates specifically to debt collection: http://www.financial-ombudsman.org.u...ting-note.html

If BW Legal were acting as debt collectors, you can complain about them as above, if they were acting as solicitors (the seem to do both), then it would be the SRA as noted above.

They kept mentioning my medical conditions and using this as a reason to explore my financial situation in regards to a repayment plan. (even though they claimed initially they were unaware of my health issues and claimed that it had never been raised in court at the first hearing!) I know that FSA charge the companies for every complaint that is investigated against them so a complaint is worth trying. Can I raise a complaint about their behaviour and the distress their actions caused and the negative impact this had upon my health. If I am able to complain to FSA then I'd really appreciate any further ideas what else I can add to the complaint to strength it then.

Who else can I complain to and how can I do this? - I want to cause Lowells as much grief as possible - it seems only fair after everything they put me through

All suggestions and advice is always gratefully received and deeply appreciated xx

You go through the FOS to complain about an FSA regulated business: http://www.fsa.gov.uk/pages/consumer...-3/index.shtml

The OFT is in charge of consumer credit licensing: http://www.oft.gov.uk/OFTwork/credit/#.UZH6y4JXZgc Unlike the FOS, they won't resolve your particular dispute or act on your behalf, however, the more complaints they get against the Lowlifes from Leeds, the more they are likely to question their suitability to hold a Consumer Credit License. :thumb:

[CleverClogs]

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

Ideally, though, the best result would be to get Lowells declared to be vexatious litigants - link

[bluebottle]

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

Ideally, though, the best result would be to get Lowells declared to be vexatious litigants - link

I have to agree with you on that point, CC. Lowells have abused the legal process repeatedly and something needs to be done to restrict their access to the courts. A Vexatious Litigant Order (VLO) against Lowells would require them to submit case papers to the High Court for scrutiny before any proceedings could be issued. That is expensive. However, if it is done to protect the public and stop the courts from being used for debt collection, then it is justifiable.

[fuzzybrain]

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

I'm not sure that the vexatious litigants option is possible as the info in the link you sent states:


The Civil Restraint Order (CRO) is a useful remedy for an individual to consider if they have been subjected to 2 or more unmeritorious claims or applications made against them by the same person and they relate to the same or similar matters. It is relatively quick to achieve, is granted for a period up to 2 years, preventing the subject of it from taking certain steps as specified in the Order, without first obtaining leave of a designated Judge .

Lowells have only attacked me once, so i'm not sure if option is open to me.

[Celestine]

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

The VIP's have been enjoying this thread for the last few months and as it is now concluded happily, an edited version is now available to non VIP's interested in tackling the conduct of Lowell Portfolio and BW Legal.

ENJOY

[fuzzybrain]

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

Must admit I wasn't a fan of the beginning of the story but it got better as it went along and has a brilliant ending!! Almost as good as the Twilight saga - only the Twilight saga had less blood!!!

Our Celestine makes a brilliant Bella

[CleverClogs]

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

Lowells have only attacked me once, so i'm not sure if option is open to me.

There's always next time. :rofl:

[fuzzybrain]

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

There's always next time. :rofl:

I think you may have a talent for predicting the future CC!! :spooky:

Watsons have all the ducks lined up in a row:target: for when Lowells decide they are stupid enough to try for round 2:doh:

[fuzzybrain]

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

Firstly, please allow me to apologise to you all. I am so sorry that I haven't been on the forums for so long - my health has been extremely poor and I also had to change jobs because of this. I've had several hospital admissions for various reasons - surgery, pain relief, symptom control etc (sadly I was in hospital a lot in November for surgery and symptom control and I couldn't travel to the Brighton meet up. I really feel guilty and a terrible person for not attending)

As time passed by I also felt very embarrassed that I hadn't been on the forums and felt like I was been very ungrateful towards you all. You had all supported me so much when I needed it and then I go and disappear into thin air - its not exactly showing the deep gratitude I really do feel towards the forum and its amazing members. I became scared to come back to the forums as I feel I have let you all down and I don't deserve to be part of the forum anymore.

Life has been somewhat of a challenge and I've been very anti social to everybody I have hidden away and just tried to keep going on a basic level.

I really hope that you will accept my sincere and heartfelt apology and understand that I just couldn't cope with anything and just shut down from everything and everybody.

[fuzzybrain]

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

I know that after my behaviour I don't deserve it and doing so may be incredibly cheeky but I need some help.

I received a letter from Lowells who informed me that they have sold the debt onto Fredicksons.

I am now getting countless text messages, phone calls from Fredrickson insisting that I contact them to set up a repayment plan.

Should I write to Fredrickson and explain that Lowell/BW legal issued a Stat demand that they later withdrew as they couldn't prove that the debt is enforceable and should they continue their harassment then I will report the matter to OFT and FOS?

Please could anybody tell me what I should do?

[TUTTSI]

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

No hun, contact Kate as the exact same will apply to them as it did Lowell's, they will have to come up with the documents that was requested and that's why Lowell's withdrew the SD. It appears you are being harassed as well and I am sure that Kate will put Fredrickson's in their place. Sent a an email to her Howlett Clark firms address. Not sure when she is back at work, or call her hun.

Please do not worry about your absence on the forums, just pleased that you were able to be well enough to come and get some much needed help. I am sure everyone understands that when someone is ill you do not always have the capacity to come and chat.

I know that after my behaviour I don't deserve it and doing so may be incredibly cheeky but I need some help.

I received a letter from Lowells who informed me that they have sold the debt onto Fredicksons.

I am now getting countless text messages, phone calls from Fredrickson insisting that I contact them to set up a repayment plan.

Should I write to Fredrickson and explain that Lowell/BW legal issued a Stat demand that they later withdrew as they couldn't prove that the debt is enforceable and should they continue their harassment then I will report the matter to OFT and FOS?

Please could anybody tell me what I should do?

[fuzzybrain]

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

Thanks Tuttsi, I've sent her a PM and I'll text Kate tomorrow and ask her to look at the thread.

I have to be honest I've been expecting Lowell's to do something as stupid as this. I wonder if Fredrickson are aware of the stat demand debacle. If they are unaware and think I'm going to roll over and play nice then they are in for a bit of a shock

[Celestine]

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

Fredricksons are owned by Lowell Portfolio. So the 'debt' has just been passed to another 'desk'. The thing that is disturbing is that Lowell withdrew against Fuzzy last time on two grounds. 1. Unenforceability 2. Her vulnerable health.

I will contact Fredrickson and suggest we'll consider an injunction if they don't stop harassing a vulnerable lady.