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

Well incase they have a shock coming their way!!!! If they want to play tough, then I'll get tough. Hopefully the judge will dismiss the stat demand and then i'll hit Lovell's for a wasted cost order for the highest amount i possibily can!!

I will then complain to every agency going about their code of practice and their T guidelines and how flaunt them an take advantage of people. I'm fortunate enough to be able to fight back (even though i woukd be classed as vunerable due to my illnesses I met the criteria for vunerable persons status) but there are a lot of people that aren't able to fight back (for ever reason) and are so scared they agree to anything to stop action going any further. This then gives companies like Lowell to put charging orfers on people#s homes and abusing the system to fit then needs rather than follow the law.

By the time i have finished with the they will wish they had never heard of me - these little %!*! are going to regret the day they tried to manipulate me!!!!

[Roy Clayton]

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

Fuzzybrain
Wish you all the best as I have been there. Ironically Lowell tried to serve me wth papers relating to a Judges Directtions under Civil Procedural Ru;es for disclosure by email less than an hour before the final deadline. They missed the first. The papers stated that the case was to be dealt with in the bankruptcy court. Really!!! £367.31? Just shows they get that used ti typing it up they get a bit complacent.

[fuzzybrain]

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

I have received a letter from the court and a hearing is set for the 1st Feb. I'm not sure what happens now and what I have to do and what do I need to say?

I guess I turn up and argue these points:

that the original company (Barclay card did not respond to my CCA request and have never sent me anything but a copy of their term and condition, they have never supplied an application form or an agreement with signature on - in fact they haven't sent me any application or agreement, blank or otherwise) I then notified BC that I wished to raise a dispute against the company, which has never been resolve, so BC should never have sold/passed the alleged on.

When BC passed the debt on to another DCA when I informed them of the dispute they sent the account back to BC because of the dispute.

Lowell’s/BW said that they would obtain the info but again they hadn't complied with my CCA request (BW said they would request the info from Lowell’s but it still hasn't been sent to me).

Lowell’s listed the wrong court on the stat demand (does this make the stat demand enforceable?) and point out that Lowell’s have issued several stat demands to people within this geographical area and should be aware that that they had stated incorrect information on the stat demand and they have a duty to ensure the information on the stat demand was correct.

Lowell should have taken other routes to pursue the alleged debt - i.e. apply for a CCJ before instigating bankruptcy process.

Lowell’s have gone against the guidelines set out by OFT and have abused their power and have used the stat demand to intimidate me.

Is there anything I have missed or could add to this list?

Is it best to write the above out as bullet points and take it to court or do I do another witness statement listing the above in a more formal way and present a copy to the judge and the other party - if so do I need to do this prior to the hearing or just take it along on the day.

All and every suggestions and advice is very much appreciated and desperately required!!! Thank you for your wonderful help, support and for sharing your knowledge with me xxxx

[TUTTSI]

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

Hiya hun,
Sorry to hear that - is this the hearing to listen to the set aside of the SD?
have a read of his thread
We have just helped another poster with Lovells his court date is tomorrow http://www.legalbeagles.info/forums/...ht-back-thread have a read of his thread and hopefully someone will be along to assist you more with what you need to prepare your self with.

To help with this start listing out in chronological order the sequence of events leading to the stat demand being issued?

What you actually put in your set aside against the SD when you took the documents to the courts?

[TUTTSI]

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

Just spoken to cel in chat box, she is coming to look at your thread later x

[Celestine]

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

Hiya Fuzzy

I'll assume this is the set aside hearing coming up.

Yes, you can either write everything out as bullet points and use these to argue your case verbally, or you can prepare a witness statement similar to the WS prepared on the other stat demand thread that Tuttsi mentioned above.

I'd be inclined to go for the second option and submit copies to the Court three to four days ahead of the Hearing.

Have Lowell tried to serve a bankruptcy petition? (Secondarily to the SD)

Aside from non production of the CCA by Barclays, what other reasons exist for disputing the debt? Charges? PPI? Miss sold?

[fuzzybrain]

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

Hiya and thanks for all the help - i'll try and answer all the questions - please let me know if i miss anything!!

Yes the hearing is to set aside the stat demand - BWlegal said that because the account was in dispute they would cease all action, but they never confirmed that in writing |(what a shock!!!) so i sent in an application for a set aside - i felt it was best to fight fire with fire and i don't trust BW as far as \i could make an elephant jump!!! Hearing date is 1st Feb, so have a week or two to get this all put together and organised (which is a miracle for me!!)

Sent a CCA request to Barclaycard in 2009 - they sent back T&C but that's all, never even had my account number on theT&C. I then wrote to BC and stated i was raising a formal dispute.

Letters when back and forth between BC and I re dispute and all went quiet after a while.

Account then passed to another DCA - sent them a dispute letter - they sent account back to BC

Account was apparently then sold to Lowell (whilst still in dispute!)

I think i may have received some letters from lowell about the debt (don't reacall a letter saying the debt had been sold though -(i would have kept something like that and sent responded to it with a dispute letter), but around the same time i became seriously ill and was in and out of hospital and wasn't really able to deal with it, plu I thought they would give up after all a while like the others had.

Next thing that happened was the stat demand!!

I haven't heard a thing from LBWLegal apart from a lettersaying they were trying to locate the CCA stuff but that was a month ago and heard nothing. They haven't contacted me re the hearing re the stat demand either. All i have from BWlegal is the stat demand and the letter saying we will ask Lowells who will ask BC for the CCA info

I'll post all docs that i sent to the court and my response to the stat demand and the actual stat demand
I haven't any PPI but there are boubd ti be charges as i stopped paying when they defaulted on the CCA request.

Please let me know if you need anything else or if I haven't covered a question you asked - i'm a bit of a panic at the moment!!!

Oh and thank you so so much once again for your amazing and fabulous help
xxxx

[TUTTSI]

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

Just to let you know the other poster went to court to day and whilst the judge did not in case case set the SD aside, they have given Lowells + and him 35 days firstly for Lowells to produce the true deed of asignment, statements showing how they arrived at the figure and then for this poster to agree payment terms if in fact Lowells have the true deed of assignment.

The thread is here for you to read http://www.legalbeagles.info/forums/...ht-back-thread

Next time I see Cel in chat box I will ask her to pop on to your thread so that she can go through with you anything that you need to know about the forthcoming hearing.

[fuzzybrain]

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

My court date is Friday and I am obviously very concerned and frightened about what is or isn't going to happen.

Please could anybody offer any advice on what I need to take and what I should do to make sure i prepare myself properly for Friday please?

These are the points I intended to argue to get the stat demand set aside - all thought/suggestions are extremely welcomed and deeply appreciated.


Barclay card did not respond to my CCA request made in 2009 and have never sent me anything but a copy of their terms and conditions, they have never supplied an application form or an agreement with signature on - in fact they haven't sent me any application or agreement, blank or otherwise)

I notified BC that I wished to raise a dispute against the company, which has never been resolved, so in accordance with OFT debt collection guidelines BC should never have sold/passed the alleged on until they had resolved the dispute.

When BC passed the debt on to another DCA when I informed them of the dispute they sent the account back to BC because of the dispute, so a dispute with BC has been recognised by other DCA.

Lowell’s/BW said that they would obtain the info but again they hadn't complied with my CCA request BW said they would request the info from Lowell’s but as to date I have not received any information regarding the alleged debt from either Lowell’s or BW

BW/Lowell’s listed the wrong court on the stat demand. Lowell’s have issued several stat demands to people within this geographical area and should be aware that that they had stated incorrect information on the stat demand and they have a duty to ensure the information on the stat demand was correct. I felt this lack of care and mis information was negligent on their side and caused me a great of confusion as I had to research which was the correct court. As solicitors I feel they should have ensured correct information was used.

Lowell have not taken or discussed any alternative options with me in respect of settling this alleged debt. Why did they apply for bankruptcy procedures when other options were at their disposal first – such as an application for a CCJ before instigating bankruptcy process?

Lowell’s have gone against the guidelines set out by OFT and have abused their power and have used the stat demand to intimidate me and have not given me the opportunity to resolve this issue.
Barclay card did not respond to my CCA request made in 2009 and have never sent me anything but a copy of their terms and conditions, they have never supplied an application form or an agreement with signature on - in fact they haven't sent me any application or agreement, blank or otherwise)

I notified BC that I wished to raise a dispute against the company, which has never been resolved, so in accordance with OFT debt collection guidelines BC should never have sold/passed the alleged on until they had resolved the dispute.

When BC passed the debt on to another DCA when I informed them of the dispute they sent the account back to BC because of the dispute, so a dispute with BC has been recognised by other DCA.

Lowell’s/BW said that they would obtain the info but again they hadn't complied with my CCA request BW said they would request the info from Lowell’s but as to date I have not received any information regarding the alleged debt from either Lowell’s or BW

BW/Lowell’s listed the wrong court on the stat demand. Lowell’s have issued several stat demands to people within this geographical area and should be aware that that they had stated incorrect information on the stat demand and they have a duty to ensure the information on the stat demand was correct. I felt this lack of care and mis information was negligent on their side and caused me a great of confusion as I had to research which was the correct court. As solicitors I feel they should have ensured correct information was used.

Lowell have not taken or discussed any alternative options with me in respect of settling this alleged debt. Why did they apply for bankruptcy procedures when other options were at their disposal first – such as an application for a CCJ before instigating bankruptcy process?

Lowell’s have gone against the guidelines set out by OFT and have abused their power and have used the stat demand to intimidate me and have not given me the opportunity to resolve this issue.

[fuzzybrain]

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

Very bizarre - i've just received through the post this morning a letter from BW, which states here are the enclosed doucments as requested and attached is copy statements from March 2009 to August 2009 - nothing else!! No statements from when the account was oppened, just the 6 months of statements. I can't even rememe when i openned the account, so there might be PPI on the earlier statements but as i have never received them I can't tell.

What use is 6 months worth of statements to the Stat demand application - both from ther point of view and mine?

They show a lot of £12 charges, so i don't know if that's of any help but I still have nothing connected to the CCA request - no application form or agreement, and nothing showing my signature.

[labman]

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

IMO this is far too waffly and comes across as 'desperate' (which is how you may well be feeling). I would concentrate on:

the key issue that you are unaware of this debt, no proof has been provided to substantiate it despite your written requests to both Lowells and to BC and a s78 request.

No opportunity has been given for you to settle the debt or come to a mutually agreeable repayment arrangement (you're likely to be asked if you could settle the debt)

No DN has been received for the alleged debt

No NOA has been received for the alleged debt

Lowell have gone straight for BK, and appear to be using the SD as a tool designed to scare in breach of OFT guidelines, rather than for its correct use.


Finally a question - if they can prove the debt, do you have the means to settle it in ful, or to come to a sensible repayment arrangement? It's important to know before the hearing.

[Kafka]

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

Fuzzy

I've not seen this thread before, but it looks to me as if labman's comments are spot on and touch all the bases.

Do you understand all these points fully so you could present them in court using brief notes? You need to be clear on them all before going in so its clear in your mind.

[fuzzybrain]

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

IMO this is fartoo waffly and comes across as 'desperate' (which is how you may well befeeling). Yes, I amdesperate, and scared silly and very terrified!!! This has really stressed meout and has negatively affected my health - I suffer from 2 rare and incurablemedical conditions and take morphine on a daily basis and have regulartreatment sessions at my local hospital as well as having to attend a specialisthospital -would any of this be worth making the judge aware.

I would concentrate on:

the key issue that you are unaware of this debt, no proof has been provided tosubstantiate it despite your written requests to both Lowell’s and to BC and ans78 request. Is s78 the samething as a CCA request?
This is what I am most confused and concerned about. I am aware there is a debtand I did have a BC account so how do I handle this? My understanding is that Ineed to argue that the OC have never sent anything to do to evidence the debtis enforceable (although they have sent 6 months of statements to me today).I'm not sure how to argue the CCA - Should I say that as they have been eitherunwilling or unable to send the required details to demonstrate the debt is enforceableand therefore in accordance with OFT guidance I was within my rights to stoppayment until they provided evidence of an enforceable debt? I'm concerned thatI might alienate the judge and he will favour DCA as he could consider me to be trying towriggle out of paying

No opportunity has been given for you to settle the debt or come to a mutuallyagreeable repayment arrangement (you're likely to be asked if you could settlethe debt) This is correct, I’mnot aware of the debt being sold or receiving any letters, if there had been Iwould have sent the dispute letter as I did with calderas (the letter disputingthe debt with calders is included in theoriginal bundle of papers I sent with the set aside application) sadly I can not clear the debt in full and Iam on Debt Management plan with Payplan as I became ill and this affected myability to work (see comments about where to raise this with the judge).

No DN has been received for the alleged debt – I can’t recall a DN being sent and they haven’tgiven me a copy

No NOA has been received for the alleged debt– I can’t recall a NOA (Notice of assignment??)being sent and they haven’t given me a copy


Lowell have gone straight for bankruptcy, and appear to be using the SD as atool designed to scare in breach of OFT guidelines, rather than for its correctuse. Absolutely -I intend to press this factto the max and also remind the judge that the court details on the stat demandwas the wrong company and I feel this demonstrates the company’s total disregardof following correct procedures as they must have issued stat demands in thisgeographical area and therefore aware this information was incorrect.


Finally a question - if they can prove the debt, do you have the means tosettle it in full, or to come to a sensible repayment arrangement? It'simportant to know before the hearing. I am unable to settle the debt in full. I am employed and also self employed and relyon the income from both jobs to meet my financial commitments. I am in a DMP as I have a reduction in my incomedue to my ill health and when my medical condition flares I am unable to work andtherefore the income raised from myself employment is reduced. I have looked atmy budget and I would be able to offer a repayment of £30 a month, which Iwould be able to pay if the debt isenforceable – I guess the judge will tell me if this is the case or not.

[labman]

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

IMO this is fartoo waffly and comes across as 'desperate' (which is how you may well befeeling). Yes, I amdesperate, and scared silly and very terrified!!! This has really stressed meout and has negatively affected my health - I suffer from 2 rare and incurablemedical conditions and take morphine on a daily basis and have regulartreatment sessions at my local hospital as well as having to attend a specialisthospital -would any of this be worth making the judge aware.
Unless your health has directly affected your ability to repay the debt and has been notified to the OC previously, I doubt it is worth mentioning, though on a personal basis I'm very sorry to hear this.
I would concentrate on:

the key issue that you are unaware of this debt, no proof has been provided tosubstantiate it despite your written requests to both Lowell’s and to BC and ans78 request. Is s78 the samething as a CCA request? Yes.
This is what I am most confused and concerned about. I am aware there is a debtand I did have a BC account so how do I handle this? My understanding is that Ineed to argue that the OC have never sent anything to do to evidence the debtis enforceable (although they have sent 6 months of statements to me today).I'm not sure how to argue the CCA - Should I say that as they have been eitherunwilling or unable to send the required details to demonstrate the debt is enforceableand therefore in accordance with OFT guidance I was within my rights to stoppayment until they provided evidence of an enforceable debt? I'm concerned thatI might alienate the judge and he will favour DCA as he could consider me to be trying towriggle out of paying You mention PayPlan further down this post. Is there a reason this one was not incorporated into the DMP? What date did you enter into the agreement? (apologies if these questions have been asked before).

No opportunity has been given for you to settle the debt or come to a mutuallyagreeable repayment arrangement (you're likely to be asked if you could settlethe debt) This is correct, I’mnot aware of the debt being sold or receiving any letters, if there had been Iwould have sent the dispute letter as I did with calderas (the letter disputingthe debt with calders is included in theoriginal bundle of papers I sent with the set aside application) This is significant. A failure to inform you of default, or a lack of the NOA are critical. However, with 6 months of statements, it will be hard to argue you didn't know there would be a problem. Did you try previously to go the Unenforceability route with this debt by any chance?sadly I can not clear the debt in full and Iam on Debt Management plan with Payplan as I became ill and this affected myability to work (see comments about where to raise this with the judge).

No DN has been received for the alleged debt – I can’t recall a DN being sent and they haven’tgiven me a copy

No NOA has been received for the alleged debt– I can’t recall a NOA (Notice of assignment??)being sent and they haven’t given me a copy


Lowell have gone straight for bankruptcy, and appear to be using the SD as atool designed to scare in breach of OFT guidelines, rather than for its correctuse. Absolutely -I intend to press this factto the max and also remind the judge that the court details on the stat demandwas the wrong company Sorry, this does not make sense. and I feel this demonstrates the company’s total disregardof following correct procedures as they must have issued stat demands in thisgeographical area and therefore aware this information was incorrect.


Finally a question - if they can prove the debt, do you have the means tosettle it in full, or to come to a sensible repayment arrangement? It'simportant to know before the hearing. I am unable to settle the debt in full. I am employed and also self employed and relyon the income from both jobs to meet my financial commitments. I am in a DMP as I have a reduction in my incomedue to my ill health and when my medical condition flares I am unable to work andtherefore the income raised from myself employment is reduced. I have looked atmy budget and I would be able to offer a repayment of £30 a month, which Iwould be able to pay if the debt isenforceable – I guess the judge will tell me if this is the case or not.
Can you demonstate that, as you are in a DMP, this is not a number plucked out of the air?

[fuzzybrain]

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

I can't remember when the card was taken out but must have been around 2005 - originally it was a sky credit card but then changed to BC.

The debt was originally included in the DMP but when BC didn't respond to the CCA request I told payplan to cease paying them. This was in early 2009 and i have been waiting ever since for the CCA request to be met, but all i have ever received was copies of terms and conditions, they have never sent a copy of my agreement or application. The statements receied today is the only thing they have ever sent with my account number and name on it.

Why does the statements make things difficult - the six months of statements arrived today - does that have any significance? The are just for a random 6 months, from March 2009 to August, they show various interest charges and late fee and over limit fee charges which was received today, 3 days before the set aside hearing.

Lowell have gone straight for bankruptcy, and appear to be using the SD as atool designed to scare in breach of OFT guidelines, rather than for its correctuse. Absolutely -I intend to press this factto the max and also remind the judge that the court details on the stat demandwas the wrong company Sorry, this does not make sense. and I feel this demonstrates the company’s total disregardof following correct procedures as they must have issued stat demands in thisgeographical area and therefore aware this information was incorrect.

What i meant was that I feel Lowell's/BW have gone straight to a stat demand without trying any othrt option first, such as a ccj. I also feel that they should have taken more care with the information placed on the stat demand as it listed the wrong court in respect of whicj coourt i needed to apply to in respect of the set asaide. When i dropped off the set aside papers i mentioned this to the court offical and they said that the company should know better as they have issued many stat demands and bankruptcy petitions at the court, so they are well aware that the court the out on th sta demand was incorrect. I feel the have completely disregarded the OFT guidelines re debt collection and the use of stat demands being a last resort and nit the first. I want to know wht they didn't try for a CCJ first instead of issuing a stat demand, as OFT debt collection guidelines recommend.

Re repayment - | looked at what i am repaying via my DMP and worked out what the contribution would be if included in the plan.