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

I've managed to get these scanned I desperately need help, so all advice and thoughts welome and deeply appreciated.

My first thought is - the documents set are terms and conditions - how can they claim it is the agreement and how does it demonstrate that what they have sent through relates to me? They have not supplied any information about when the account was open, what type of account it was etc - how i can tell if the terms and conditions are relevant the me when they haven't demonstrated this is my account?

Thank you in advance for all the help and support xxx

[FlamingParrot]

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

The header on the second page clearly shows them as being terms from September 2008, if you took out the card before that date, there's no way these could be the terms from inception, i.e. the ones you agreed to when you allegedly signed an agreement. We'd really need to look at the rest of the documents they've sent you.

[FlamingParrot]

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

Have looked at the other 4 files you've just posted and they are just terms, nothing there to link YOU to them. Is that all they've sent?

[fuzzybrain]

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

Thats all i got adn apparently its al im getting according to the letter they included from Barclaycard.

Unless I am being incredibly dumb as far as i can see these are terms and conditions????? How on earth can they claim this is a credit agreement, especially as the opening line states these are terms and conditions - there is nothing that identifies any of thise documents to me. Apart from the letter from BC and page 3 where my name and old address is stated at the top and then at the bottom of the page is the cancellation info - but says those details will be sent in the post! There is nothing else has my name on it in any of the documents.

[ODC]

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

I may be wrong but its my understanding that what they have cobbled together probably does comply with your S78 request but it is not sufficient for the Leeds losers to take you to Court. It is not a signed agreement. There is no proof that you actually signed any agreement with Barclays

[fuzzybrain]

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

Thats all i got and apparently its all i'm getting according to the letter they included from Barclaycard. They say they have et their obligation. Its exactly the same sort of stuff I got back in 2009 - I can only draw the conclusion that they don't have my credit agreement and that they aren't sure which one i signed so can't fake it!!

Unless I am being incredibly dumb as far as i can see these are terms and conditions that are relevant to around 2003-2004 but I can't remmeber when i opened the account - but i do remember it was a postal application and was on a piece of A4 paper that folded in 3 with the adddress in the middle section.

How on earth can they claim this is a credit agreement, especially as the opening line states these are terms and conditions - there is nothing that identifies any of these documents to me. Apart from the letter from BC and page 3 where my name and old address is stated at the top and then at the bottom of the page is the cancellation info - but says those details will be sent in the post! There is nothing else has my name on it in any of the documents.

Half of these documents are already submitted to the court in my witness statement and stated tat they are T&C and not an agreement and all they have done is re issue them. They were unable to defend then - surely they are in thre same boat still


And they stilll haven't paid my court costs!!! Grrrrrrrrrrrrrrrrrrrrrrrr

[pt2537]

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

Section 78 is not complied with unless a true copy of the executed agreement and any other document mentioned in it has been provided along with the current terms of the agreement.

The above must be sent "together with" a statement signed by or on behalf of the creditor showing the state of the account as set out in s78(1)(A-C) CCA

if the above hasnt been complied with then they aint complied

[fuzzybrain]

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

Thank you very much indeed for all the help from you all - i know how busy you all are and I am very appreciative and grateful for all support, advice and assistance - thank you so so much for everything and please be assured i am not taking your extrmely kind assistance for granted and it is very much valued.

So basically they are in exactly the same position as they were at the first hearing? All they have done is re send the T&C's they had already sent and a new set that might be relevenant if they could actually show when the account was taken out and by whom. Its a delay tactic to see if i would cave in ater going up against their rent a solicitor

I could argue my dog took this agreement out as they have nothing that ties me to an account with them.

Is my next step to now draw up and submit to court a new witness statemment that basically points out that they have not complied with the S78 request and i still require a true copy of the agreement, plus a default notice and a notice of asignment and we are ni furthe forward than we were at the hearing?

If the above is correct then do I also request that the judge sets the stat demand aside due to lack of evidence and co-operation to supply the required paperwork to prove they are entitled and able ti enforce this debt.

And if that bit above is right, do i also remind the judge that they haven't paid the costs ordered to pay at the forst hearing and then stick in another request for costs.

[fuzzybrain]

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

Please may I ask for some guidance and help?

The date for filing evidence has passed, and the documents i posted earlier (the terms and conditions) are all that has been submitted.

I feel that they have still not sent the correct and required paperwork to meet my S78 request. There is nothing that shows the account was mine - there is no personal details linking me to the documents.

How can i word this in a respnse statement to the judge, as I feel this stat demand should be set aside as they have failed to meet the S78 request and prove the agreement is enforceable.

I also feel tht the point that was raised by PT that they should go around issuing stat demands if they are not ina position to defend them and proceed with the action they started.

They have also failed to pay the costs ordered by the court by 15 Feb, so thats another nail in the lowell coffin



I know you are all incredibily busy but if anybody is able to help me draft a statement i'd be eternally grateful - pleaseeeeeeeeeeeeeeeeeee

[FlamingParrot]

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

:bump::bump2:

[fuzzybrain]

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

This is very strange and the plot thickens....

I phoned the court as I hadn't received any notification from the court in respect to the evidence Lowells/BW are supposed to have submitted by 22 Feb 2013 and low behold, they haven't sent in anything at all!!!

The stuff they sent me (the pages of terms and conditions) they haven't sent to the court, in fact they have not been in contact at all with the court. The lady at the court said she couldn't give me any advice but said in cases like this people in my position usually write to the judge asking him to make directions order. She said to write to the judge and tell her what I want to happen

Obviously the quicker I do this then the less time I am giving BW/Lowells to submit (even though it shouldn’t count as they have missed their deadline, but we all know that in reality the judge probably allow them to submit late evidence)

I am now begging on hands and knees for help. Please could somebody help me draw up a witness statement asking the judge to set aside the Stat demand and order them to pay the costs they have failed to pay (should have been paid by 15 Feb)

Should I also ask for additional costs order as Lowells obviously issued this as a threat and have been unable to substantiate their claim and should never have issued a stat demand unless they had all the paperwork to prove the debt is enforceable.

Please could you point me in the direction of case law I can use to get this set aside? I remember PT saying something about the rules of insolvency stating the company should be in a position to proceed immediately after issuing a state demand and they should not have issued a SD without having the full information.

I am extremely grateful for any and all help anybody is able to offer me please xx



I think I need to move fast on this to caplise on their non compliance.

[Inca]

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

:bump:

[fuzzybrain]

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

I've tried to PM PT but my private message keeps crashing and won't send any private messages

Is there a chance anybody else could message PT and ask if he would be able to have a look over the new developments on this thread please?

[FlamingParrot]

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

I've tried to PM PT but my private message keeps crashing and won't send any private messages

Is there a chance anybody else could message PT and ask if he would be able to have a look over the new developments on this thread please?

Have sent him a PM quoting your post above.

You may also find this helpful, it's the contact page of the firm he works for with emails and phone numbers --> http://www.watsonssolicitors.co.uk/contact.html

Best of luck!

[PlanB]

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

I am now begging on hands and knees for help. Please could somebody help me draw up a witness statement asking the judge to set aside the Stat demand and order them to pay the costs they have failed to pay (should have been paid by 15 Feb)

. . . Please could you point me in the direction of case law I can use to get this set aside? I remember PT saying something about the rules of insolvency stating the company should be in a position to proceed immediately after issuing a state demand and they should not have issued a SD without having the full information.

Hang on in there Fuzzy :hug:

You've got all the the right cards in your hand at the moment and you just need someone to tell you how to play them. My heart goes out to you because these guys have put you through so much pain (literally).

Is there a date for your next hearing - I think you said it may be on Good Friday?