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

Witness statement? why?

Youre three steps ahead of where you need to be, what evidence are you going to give? i cant give evidence cos they didnt send me docs? see my point?

Firstly,if the judge ordered them to disclosue documents, get a letter off to the District Judge telling them that they havent complied with the judges order.

As the judge to give directions as you cannot prepare without the disclosures, and ask for the judge to set aside the demand on the basis of their failings.

See what the court says after that first, if the court sets the demand aside your sorted anyway

[Kafka]

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

Fuzz
Everything seems to be moving in your direction ATM as they have failed to comply with the legal requirements that they instigated.

In this case I would hang on until pt advises as he is qualified to advise, whereas most of us are only doing our best! Remember what I said about listing all of your time fighting this as I think you are approaching solid ground to hammer them for what they have done and as they are in breach of court instructions, I would bleed them for every penny you can.

[pt2537]

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

Fuzz
Everything seems to be moving in your direction ATM as they have failed to comply with the legal requirements that they instigated.

In this case I would hang on until pt advises as he is qualified to advise, whereas most of us are only doing our best! Remember what I said about listing all of your time fighting this as I think you are approaching solid ground to hammer them for what they have done and as they are in breach of court instructions, I would bleed them for every penny you can.

Indeed

There plainly is an equality of arms point here. They have their own legal department, plus specialist solicitors too. You are an individual.

They were ordered to pay your costs and disclose documents, they failed on both counts, thus you are now prejudiced by this, certainly the lack of docs means you simply cannot prepare,you cannot get legal advice etc.

[Kafka]

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

My post crossed with pt's.

Always listen to him first :bounce:

[PlanB]

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

Witness statement? why?

Youre three steps ahead of where you need to be, what evidence are you going to give? i cant give evidence cos they didnt send me docs? see my point?

Firstly,if the judge ordered them to disclosue documents, get a letter off to the District Judge telling them that they havent complied with the judges order.

As the judge to give directions as you cannot prepare without the disclosures, and ask for the judge to set aside the demand on the basis of their failings.

See what the court says after that first, if the court sets the demand aside your sorted anyway

If only there were a way to thank a post twice :clap2: :clap2:


Unless PT says different I see no reason why you should send a copy of your letter to the court to Lowell. Why give them a chance to get a word in or make an excuse to ask for more time :blah: :blah:

[fuzzybrain]

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

Hi guys

Thank you so much for the advice and help - i am so incredibily grateful to you all

How does this sound??


The defendant has issued a statutory demand but appears unable to prove the debt is enforceable. They have failed to produce any evidence to support their claim that this debt is enforceable.

The plaintiff would like to respectfully draw the court’s attention to the issue of the defendant failing to submit any evidence they are dependent upon to defend the case on the hearing on 03 April 2013.

The defendant has already wasted the court’s and defendant’s time by appearing at court on 02 February 2013 and being unable to proceed with the case due to the lack of paperwork on their part. The plaintiff can only draw the conclusion that as they have failed to submit any evidence to the court by the required date the defendant will be in the same position at the hearing set for 03 April 2013.

The defendant’s application to issue a statutory demand was inappropriate and against the OFT guidelines for debt collection. The defendant was not in a position to prove the debt was enforceable, nor did they possess all the paperwork relating to this debt. A statutory demand should never have been issued under these circumstances and the plaintiff believes this was a vexatious course of action undertaken to intimidate and frighten the plaintiff.

The plaintiff has yet to receive the costs awarded at the last hearing from the defendant. The made an order that the defendant’s were to pay the costs of £102 by 15 February 2013 but has failed to do so.

The plaintiff respectfully asks the court to consider making a judgement to set aside the statutory demand against the defendant due to the lack of co-operation and evidence from the defendant

The plaintiff also respectfully asks the court to make a judgement in the plaintiff’s favour for the outstanding costs awarded by the court to the plaintiff on 02 February 2013.

The plaintiff also respectfully asks the court to consider making a further award of costs in the plaintiff’s favour in respect of the expense and time the plaintiff has spent on this application to get the statutory demand set aside.

[Kafka]

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

FYI

They are the Plaintiff as they are bringing the action forward. You are the Defendant in this case.

[fuzzybrain]

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

Opps!!! I thought because I initated the court action by issuing the set aside it made me the plainiff - i'll amend the above - thanks for point that out to me xx

[PlanB]

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

FYI

They are the Plaintiff as they are bringing the action forward. You are the Defendant in this case.

Or in other words change the word "Plaintiff" to "Defendant" and change the word "Defendant" to "Claimant" in your letter

[PlanB]

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

Opps!!! I thought because I initated the court action by issuing the set aside it made me the plainiff - i'll amend the above - thanks for point that out to me xx

The word "Plaintiff" is sooo yesterday. It changed to "Claimant" in 1999

[Kafka]

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

Opps!!! I thought because I initated the court action by issuing the set aside it made me the plainiff - i'll amend the above - thanks for point that out to me xx

In this action, they are always the Claimant and you are always the Defendant. If the case was dismissed and you instigated action against them it would change.

[PlanB]

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

Opps!!! I thought because I initated the court action by issuing the set aside it made me the plainiff - i'll amend the above - thanks for point that out to me xx

Fuzzy, at the risk of sounding like a midwife you're doing just fine. One more push and hopefully you've got this sorted.

Plan B xx

[fuzzybrain]

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

Hi all - any advice and thoughts please

Lowells/BW legal have issued a statutory demand but appears unable to prove the debt is enforceable. They have failed to produce any evidence to support their claim that this debt is enforceable.

I would like to respectfully draw the court’s attention to the fact that Lowells/BW Legal have failed to adhere to the Court’s direction to submit any evidence they are dependent upon using at the adjourned hearing on 03 April 2013.

Lowells/BW legal has already wasted the court’s and my time by appearing at court on 02 February 2013 and being unable to proceed with the case due to the lack of paperwork on their part. I can only draw the conclusion that as they have failed to submit any evidence to the court by the required date Lowells/BW legal will be in the same position and unable to proceed at the hearing set for 03 April 2013 for the same reasons stated at the previous hearing.

Lowells/BW legal application to issue a statutory demand was inappropriate and against the OFT guidelines for debt collection. Lowells/BW legal appear to be in a position where they are unable to prove the debt is enforceable, nor do they possess all the paperwork relating to this debt, so in accordance with insolvency guidelines they should not have issued a statutory demand unless they are in a position to prove the debt is enforceable. A statutory demand should never have been issued under these circumstances and I believe this was a vexatious course of action undertaken to intimidate and frighten me.

I have yet to receive the costs awarded at the last hearing from Lowells/BW legal. The court made an order that Lowells/BW legal were to pay the costs of £102 by 15 February 2013 but they have ignored this instruction and no payment has been made to me or any reason offered why this payment has not been made.

I humbly and respectfully ask the court to consider making a judgement to set aside the statutory demand against the Lowells/BW legal due to their lack of co-operation and failure to supply any evidence as requested by the court.

I also humbly and respectfully ask the court to consider make a judgement in my favour for the outstanding costs awarded by the court to me on 02 February 2013.

I also humbly and respectfully ask the court to consider making a further award of costs in my favour in respect of the expense and time I have been forced to spend on defending the statutory demand and the set aside application to get the statutory demand set aside.

[PlanB]

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

It would be better if you referred to Lowell as "The Claimant" so as not to confuse the DJ. So say "The Claimant (Lowell)" each time. And instead of "I" put "I (the Defendant)" each time too. And when you say "my" change that to "the Defendant" too. Better to be safe than sorry because the DJ will have loads of these letters to read each day and you don't want to take any chances that he/she could make an order in favour of the wrong party because they couldn't figure out who was who

[fuzzybrain]

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

Thank you very much for the very helpful advice - is this any better?

Re additional costs order - should i submit a schedule of costs or wait and see what the judge says regarding this matter?


The claimants have issued a statutory demand but appear unable to prove the debt is enforceable. The claimants have failed to produce any evidence to support their claim that this debt is enforceable.

The defendant would like to respectfully draw the court’s attention to the fact that the Claimant have failed to adhere to the Court’s direction to submit any evidence they are dependent upon using at the adjourned hearing on 03 April 2013.

The Claimant have already wasted the court’s and the defendant’s time by appearing at court on 01 February 2013 and being unable to proceed with the case due to the lack of paperwork on their part. The defendant can only draw the conclusion that as the Claimant has failed to submit any evidence to the court by the required date, the Claimant will be in the same position and unable to proceed at the hearing set for 03 April 2013 for the same reasons stated at the previous hearing.

The Claimant application to issue a statutory demand was inappropriate and against the OFT guidelines for debt collection. The Claimant appears to be in a position where they are unable to prove the debt is enforceable, nor do they possess all the paperwork relating to this debt, so in accordance with insolvency guidelines they should not have issued a statutory demand unless they are in a position to prove the debt is enforceable. A statutory demand should never have been issued under these circumstances and it is the defendant’s belief that this was a vexatious course of action undertaken to intimidate and frighten the defendant.

The defendant has yet to receive the costs awarded at the last hearing from Claimant. The court made an order that the Claimant were to pay the costs of £102 by 15 February 2013 but they have ignored this instruction and no payment has been made to the defendant or any reason offered to the defendant as to why this payment has not been made.

The defendant humbly and respectfully asks the court to consider making a judgement to set aside the statutory demand against the Claimant due to their lack of co-operation and failure to supply any evidence as requested by the court.

The defendant also humbly and respectfully asks the court to consider make a judgement in the defendant’s favour for the outstanding costs awarded by the court to the defendant at the hearing on 01 February 2013.

The defendant also humbly and respectfully ask the court to consider making a further award of costs in The defendant’s favour in respect of the expense and time The defendant has been forced to spend on defending the statutory demand and the set aside application to get the statutory demand set aside.