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

[fuzzybrain]

I've just been served a statuory demand by BWlegal/Lowell on behalf of Barclaycard.

I don't recognise the barclaycard account number at all and I've been through all my paperwork and can't find any evidence of this account number, the number are similar but the last 4 numbers are different.

I have a debt plan with payplan and this debt isn't listed on the debt list.

I can remember writing to Barclaycard and asking then to supply CCA which they never did and we went round into in circles, so i stopped payment to them (back in 2009) and it all went quiet. I wondered if it could be this account, but on checking the paperwork the account numbers don't match.

Any ideas what I do. Obviously I need to stop the Statutory demand and the bankruptcy and figure out what the monkeys is going on!!

HELPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP PPPPPP

[brummie]

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

somebody will be along soon to help out....

[TUTTSI]

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

Firstly if you don't recognise the account number this may not be your debt. In any event you have I believe 18 days to respond to the stat demand by having it set aside. That is assuming it has been served correctly. If you could post up the stat demand omitting any personal details and advise how it was served and which court it was issued through.

[pt2537]

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

I've just been served a statuory demand by BWlegal/Lowell on behalf of Barclaycard.

I don't recognise the barclaycard account number at all and I've been through all my paperwork and can't find any evidence of this account number, the number are similar but the last 4 numbers are different.

I have a debt plan with payplan and this debt isn't listed on the debt list.

I can remember writing to Barclaycard and asking then to supply CCA which they never did and we went round into in circles, so i stopped payment to them (back in 2009) and it all went quiet. I wondered if it could be this account, but on checking the paperwork the account numbers don't match.

Any ideas what I do. Obviously I need to stop the Statutory demand and the bankruptcy and figure out what the monkeys is going on!!

HELPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP PPPPPP

Lowells Seem to employ BW Legal to deal with their stat demands. The account number is not likely to invalidate the demand, many dcas seem to get the last four digits wrong on accounts but if the whole number is misstated then that may well assist you in arguing the debt is disputed on the basis that the account referred to is not an account that belongs to you.

If you made a section 78 request, and the creditor did not comply, while it may not give you a valid dispute over the debt, it would provide an arguable point over enforceability and as a result the demand could be set aside if the creditor cannot comply with s78

[pt2537]

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

I did a blog on stat demands a while ago, there may be some helpful info in there which can be found here

[fuzzybrain]

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

I've dig through the filing cabinet and i think the debt is the one i have disputed about the CCA - which I have copies of the dispute. The account numbers are almost the same and the balance is exactly the same so i'm guessing they have added an extra couple of numbers to it

I have a letter from BC acknowledging my dispute and they sent me a photocopy of their T&C but no agreement, nothinbg with my signature etc, so i disputed the debt again.

They sent it onto Cavells and they tried pushing for payment and I sent them a "in dispute so send back to Bc letter" which they did. BC letter attached

Given the above info, please could anybody suggest what do I do next?

[fuzzybrain]

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

Just to confirm I definately made a Section 78 Request as it is quoted on a letter they sent me on 3 august 2010 which wasthe photopcopies on he T&C and they state that had fullfilled their obilgations to me. I wrote back saying it didnt and we played ping pong and then all went quiet until now

[fuzzybrain]

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

It was apparently issued through my local court - but there is no stamp etc. I will try and post it up tomorrow as my scanner doesn't work so will try and scan it at work.

[pt2537]

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

Youre going to need to apply to set the Demand aside. If you do not, then you will be open to a petition being presented for bankruptcy.

Lowells have been pushing these through too, the OFT has been very clear that creditors are not to use stat demands unless they intend to go ahead with presenting a petition.

So dont dismiss this as being a threat.

You will need form 6.4 and 6.5

[fuzzybrain]

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

So what do I do (panic has set in and brain has left the building!!)

I download and fill in the forms 6.4 and 6.5 then fax them to my local court with a covering letter? Do i enclose copies of all the letters sent between BC, myself and other debt collectors to the court and ask the court to dismiss the stat demand.

Do i send all the same documents to BWLegal and lowell also?

Anything else should do?

[pt2537]

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

So what do I do (panic has set in and brain has left the building!!)

I download and fill in the forms 6.4 and 6.5 then fax them to my local court with a covering letter? Do i enclose copies of all the letters sent between BC, myself and other debt collectors to the court and ask the court to dismiss the stat demand.

Do i send all the same documents to BWLegal and lowell also?

Anything else should do?

NO.

You cannot fax them, that would not comply with the requirements of the Insolvency Rules.

Did you look at my blog i posted above? it has some helpful info on Stat Demands.

You will need to attach a copy of the demand to the affidavit and you will need to attend your court to have the affidavit sworn.

It would probably be best to have the affidavit checked before submitting it, as the Court will refer it to the Judge and if he dismisses it on the papers you may have a problem.

[fuzzybrain]

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

I have checked with he courts and although they have mentioned the wrong court it looks like the SD is geninue. I will scan it up later as i need ti remove some personal info from it.

The courts suggested i ask for it to be set aside as i am in dispute with BC about the debt and that BC have never resolved my complaint - although BC say they have by sending me a generic T&C but none of it has my signature or account number on the evidence sent.

|will a judge accept this case is still in dispute and set aside - Is the CCA argument still a vaild one and do judges accept this as a vaild dispute.


Should i email the company and explan that the account is in dispute with BC and I hae evidence ti support this dispute - would it nake any differece to them? Am i better offer contacting the company and offfering a replayment okan just to get them off my back and then include this in my SD set aside applciation that an agrreement replayment plan has been accepted (that's providing we can agree on a repayment plan)

[fuzzybrain]

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

Hi guys

I have spoken with BWlegal who have verbally agreed to put the account on hold until they can get to the bottom of what has happened.

They state they were unaware that there was a dispute on the acccount and wanted me to send another £1.00 to make a further CCA request to Lowell for the info as they now owned the case!!! I refused as I said that I had evidence that BC had been asked for this several times and failed to supply the required information, so i couldn't see how Lowells was going to suddenly make it appear!

I have emailed them the above docs and also informed them that i am considering raising a complaint with OFTand FOS as it is against OFT guidelines to sell/pass on an account if it is in dispute. I also prettysure that a stutuory demand should not be Lowell's first point of cnatct either!!!

BW said once thay had received the info they would take a look at it and see where we go from here.

Meanwhile I have contacted my local court, who advised me that they don't deal with Stat Demands and that a court 30 miles away does. I contacted them and they are sending me out the paperwork to ask the judge to dismiss/set aside the SD. I'd really appreciate some help in completing this when it comes pretty pretty please????

Is there anything else I shoud be doing?

[TUTTSI]

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

Just make sure they confirm this in writing and that you have the name of the person that you spoke to. I just do not trust these people.

Hi guys

I have spoken with BWlegal who have verbally agreed to put the account on hold until they can get to the bottom of what has happened.

They state they were unaware that there was a dispute on the acccount and wanted me to send another £1.00 to make a further CCA request to Lowell for the info as they now owned the case!!! I refused as I said that I had evidence that BC had been asked for this several times and failed to supply the required information, so i couldn't see how Lowells was going to suddenly make it appear!

I have emailed them the above docs and also informed them that i am considering raising a complaint with OFTand FOS as it is against OFT guidelines to sell/pass on an account if it is in dispute. I also prettysure that a stutuory demand should not be Lowell's first point of cnatct either!!!

BW said once thay had received the info they would take a look at it and see where we go from here.

Meanwhile I have contacted my local court, who advised me that they don't deal with Stat Demands and that a court 30 miles away does. I contacted them and they are sending me out the paperwork to ask the judge to dismiss/set aside the SD. I'd really appreciate some help in completing this when it comes pretty pretty please????

Is there anything else I shoud be doing?

[fuzzybrain]

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

I totally agree with you on that one, made him repet the promise several times over and told him that I wanted an email confirming the action is suspended. If they go against this then i'll ask for a copy of the conversation that he said was being recoreded fro monitoring and training purposes!!!

I never mentioned to them that i intended to petiton the court to set aside the SD, i thought i'd just that one in my pocket for them moment - after all if they keep their promise they don't need to worry about it being set aside do they

What is likely to happen next? Is the documentation above to get Lowells and BWlegal to back off and drop the SD and any further action? What's my next step to prepare for?