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

[pt2537]

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

Forgot to add - thank you very very very much for you amazing and fabulous help with this. I couldn't have done any of this on my own and I would have been up do do creek without a paddle!!!

NO!!!!!!!!!! you MUST NOT send by post, it will not comply, you must swear the affidavit (SIGN IT) in the presence of the Court officer, if you send via post they can present a bankruptcy petition to the court.

take it to your court personally and swear it on oath

[fuzzybrain]

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

They told me at the court to send it to them via post........ They then said it would go in front of the judge to decide what to do next, but its usually a hearing...

Really confused now - should i phone the court back and tell them what you have suggested about having it sworn in. Can I get it sworn in at my local court then post it to the bankrupcy court - otherwise it means a day off work and that's going to be very difficuly so close to xmas, pus the courts close for xmas too....

Help!!!!!

[fuzzybrain]

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

I've rung my local court and spoken with the insolvency Manager and she promised me that as long as i send in a signed witness statement then that is good enough and that they don't do the swearing in thingy anymore. She said that if I hand delievred it all tey would is take it off me at reception and give me a receipt for giving it on. Nobody would watch me sign it etc.

She advised sending it recorded post because of the time of year etc, so i'll send it via special next day delivery to make sure it gets there in the alloted time and if there are any issue or problems then I still have tme to sort it all out.

I guess as she is the manager of the court then i can't really do anything but follow her advice????

[pt2537]

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

I've rung my local court and spoken with the insolvency Manager and she promised me that as long as i send in a signed witness statement then that is good enough and that they don't do the swearing in thingy anymore. She said that if I hand delievred it all tey would is take it off me at reception and give me a receipt for giving it on. Nobody would watch me sign it etc.

She advised sending it recorded post because of the time of year etc, so i'll send it via special next day delivery to make sure it gets there in the alloted time and if there are any issue or problems then I still have tme to sort it all out.

I guess as she is the manager of the court then i can't really do anything but follow her advice????

no they are wrong and the court service staff are not allowed to give legal advice

furthermore, i direct you to the form 6.4

which states as clear as daylight, even stevie wonder can see, says "SWORN AT"

it is up to you how you deal with this, but i am telling you, it will not be a AFFIDAVIT if its not SWORN, you dont send a witness statement anyway, and who ever told you that at the court is an idiot im sorry to say but this is the type of thing i have to deal with every day of the week at work, the Courts often give out wrong advice.

Take it to your court and tell them your there to swear an affidavit

[Celestine]

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

Tis the week before Christmas and the Court staff are 'cutting corners'.

Definitely ignore their advice and adopt belt and braces technique x

[fuzzybrain]

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

Can i take it to my local court and get them to do the sworn affidavait bit or does it have to be at the actual bankrupcy court?

[fuzzybrain]

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

The problem I have is the court is closed next week because of xmas and i can't get there before breeching the stat demand time to respond in because ts impossible to get time off work. The 18 days is up on 27 Decemeber, so i'm screwed

I will have to post it in and hope for the best. i do have a letter from the court stating to do the action i mentioned above, so I guess I could always bring that up if the judge is unhappy with they way things were done? - i'll post the letter up in a minute

[TUTTSI]

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

Good job you checked reference the court - this is a common mistake by these type of debt collectors you would have thought that they would have checked first. It just goes to show it was probably a scare tactic but you must take this serious at all times and that includes taking PT"s valuable advice. It is that important that you take a few hours off work and do this correctly as failure could cause you to be made Bankrupt.

So if i understand this correctly, because they have quoted my local court (2 miles from home) which does not deal with bankruptcy matters instead of the court that does (which is the one 30 miles away), this may play out in my favour?

I have completed the blanks and its now ready for printing and sending along with all the other evidence I have
the CCA original request,
the reminder,
the letter from BC saying that by priniting off the T&C consitutes their obilgation is fullfilled under CCA),
the letter from me saying it doesn't and making a formal dispute and advising I will not be making any further payments until the dispute is resolved,
a letter from Calders informing them of the dispute,
The Stat demand (with the wrong court listed on it),
Letter from BWlegal stating they have re requested the info from Lowells and if necessary Barclaycard if Lowells don't have it.

Is there anything I need to do before sending it 1st class special delivery to my bankruptcy court?

[fuzzybrain]

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

I'd love to take the time off but I can't - I've begged but there is no chance and if I lose my job this stat demand will be the least of my worries.

I truly wish with all my heart I could follow your advice and go to the court but I can't, please don't think I am ignoring your excellent knowledge and expertise but I have been absent from work so much due a serious medical condition that I'm on my last warning & we are so short staffed my boss has said there is no hope of getting any time off. If I tried to say I had a medical appt they would want to see proof so I can't try that either.

I'm going to have to hope/pray that they accept the set aside this way. I've sent it special Delivery and will be there by Wednesday before 1pm - it's the best and only thing I could do.

I am really sorry and please don't think me ungrateful for not being able to follow your advice. I am very very apprecitive of all you have done to help me - please don't stop now!! I'm really going to need all the help I can get for whatever is coming next

[fuzzybrain]

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

I am really concerned and scared about all of this, which isn't helping my illness much and i've been up all night throwing up all night.

I really am trying to follow your advice, but getting to the bankruptcy court just isn't an achieveable option for me (please believe if there was anyway of doing getting there before the time limit expires I would be there quicker than santa can get down a chimney!).

After grovelling and begging (I confessed to my boss why I need the time off - extremely embarassing and humilliating, but I thought it might sway them into letting me off work for a coule of hours, but no there is no chance.

Although my boss was really lovely and very sympathetic they said the business needs have to be put above personal needs and there are so many staff asking for time off that to be fair to everybody else there is a blanket ban on leave this week)

As a compromise they will let me have a couple of hours off the Thursday after xmas (27 December) so I can get to bankruptcy court then but it is in breach of the 18 days limit. Would the fact there have been bank holidays matter, it isn't very clear if the 18 days is classed as working days or just 18 days regardless or weekends and bank holidays.

Are either of these an option as I could manage these in my lunch hour ?

Could I attend my local court (the non bankruptcy one sadly) and get them to swear it in for me

or

Could I go to a local solicitor and asking them to witness me signing the affidavit and then sending this copy onto the court?

Are any of the above options? Please please please don't stop helping me, I'm really scared.

[pt2537]

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

I'd love to take the time off but I can't - I've begged but there is no chance and if I lose my job this stat demand will be the least of my worries.

I truly wish with all my heart I could follow your advice and go to the court but I can't, please don't think I am ignoring your excellent knowledge and expertise but I have been absent from work so much due a serious medical condition that I'm on my last warning & we are so short staffed my boss has said there is no hope of getting any time off. If I tried to say I had a medical appt they would want to see proof so I can't try that either.

I'm going to have to hope/pray that they accept the set aside this way. I've sent it special Delivery and will be there by Wednesday before 1pm - it's the best and only thing I could do.

I am really sorry and please don't think me ungrateful for not being able to follow your advice. I am very very apprecitive of all you have done to help me - please don't stop now!! I'm really going to need all the help I can get for whatever is coming next

sadly i dont think it will be compliant

so, its a sit and wait and hope they dont petition for your bankruptcy

im not trying to be hard on you, but these things really need to be taken seriously indeed.

[TUTTSI]

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

The only saving grace that Fuzzybrain has is that she has spoken to BE Legal/Lowells and they had said that they would not proceed with any legal advances at present due to the fact there is a dispute with the original company and that they were to confirm in writing. did they in fact follow this through with written confirmation. Also they did put a wrong court on the documentation to confuse tHe debtor and this does not show that they were not 100% serious.

But sadly I have to agree with PT and Celestine you have to protect yourself under all costs you asked for our help and we have guided you to do the right thing as the next step is bankruptcy if protocol has not been dealt with correctly and that will be even more difficult for you and will complicate matters further.

I do feel for you as you have a lot on your shoulders but the court system does not take these matters lightly I am afraid.

Tuttsi xxx

[fuzzybrain]

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

Ok my panic is over and i finally have the "does it need to be sworn/not sworn issue" resolved.

I have been a complete and utter twit and had all my court documents returned to me because I stupidly forgot to put a copy of the stat demand in my bundle (Yes I know i'm a walking disater zone!!) Anyway the silver lining was because i went into breakdown mode as i know there was not chance getting these documents back to the court before the stat time time expired, my boss let me have a slightly longer lunch break (2 hours off), which was enough time to get to the bankrupcy court and back again (I think my next challenge maybe dealing with speeding tickets!!)

Anyhow I took everything with me and I had a chat with the court manager, who informed me that last year thungs changed and stat demands do not need to be sworn in and can be signed and set in via post.

According to the court manager the rules changed last year and the firm has been updated and actually now states it is a witness statement and it is only needs to be signed and sent in - it does not require to be signed infront of a court rep or solicitior.


Anyhow all my documents are now safely at the court and are in front of a judge awaiting his decision and direction.


I should hear soething after xmas, so i guess i just now sit back and work on my argument on why the stat demand should be set aside if a hearing is held - the court manager says its 50/50 as to whether it would be dismissed without a hearing. Usuually if the judge has any queries or questions then a hearing is held, but the judge has been known to set stat demnds aside and offer other recommendations - i.e try neigoatiting with the client first or going via a CCJ route before jumping into a stat demand

She said the Lowells and BW Legal are very well known to the judge and their methods they employ - i'm not sure if its a good thing or not - but i'm hoping the judge is going to view this as an abuse of power and failure to follow OFT debt collecting procedures.

[fuzzybrain]

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

BWLegal stated on the Stat Demand that my local court (lets call this court court T from this point on) was the court I needed to deal with in regards to the bankrupcy, but when i called them they said that my area has a specialist bankrupcy court, which is around 20 miles away. Lets call them court C from this point onwards)

The lady at the bankruptcy court said that they have a lot of dealings with BWLegal and Lowell, so BWLegal have enough experience to know that court C shoud have been listed on the stat demand, and i wil be pointing this out to the court at a hearing if I need to, as i feel it was deliberately misleading to ensure i missed the stat demand deadline.

It makes me wonder if they were totally serious about taking this further and will issue a bankruptcy petition but there was no way i was going to sit back and do nothing, my life motto is to face things head on and deal with them when they happen, that way the only thing holding me back is me.

[ODC]

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

The overwhelming majority of SDs issued by the likes of Clownells, Worst Credit and Crapquest are designed as a scare tacticto get you to ring their threat monkeys in their telephone threat centres. It costs them nothing to produce one and deliver it. They rely on the fact that the majority of people will be scared and capitulate. They do not expect people to contest them that is why they are so sloppy in the execution of them.