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Statutory Demand court case adjourned 3times - WON!

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  • #1

    Statutory Demand court case adjourned 3times - WON!

    Due to attend court again end of September and would appreciate some assistance. I do not want to divulge too much and would request to put my query in the VIP section. It involves a credit card and the scenario has been going on since 2009 which was then sold to a debt collection agency. I have disputed the debts owing to no 'prescribed terms' in regards to CCA request. Penalty charges over £20 & the SD being incomplete and not served in the manner required. Case has been adjourned even though debt collector has failed to notify the Court within the set time limits.
    Assistance would be very much appreciated.
    Tags: None
    • 1 thank
  • #2
    Re: Statutory Demand court case adjourned 3times

    Hi there

    Adjourned 3 times!!!?? No doubt to give the creditor more time to produce evidence huh?

    If you want to go VIP, it costs £9 and you can do that here: http://www.legalbeagles.info/forums/payments.php

    Once that's done, I'll move your thread into the confidential area.

    If the DCA is Lowell .......I've won every case I've acted on against them. Read here: http://www.legalbeagles.info/forums/...ands-READ-HERE

    If you want to discuss your case with me, feel free to call me on 01273 327272 and ask for Kate Briscoe.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • 4 likes

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    • #3
      Re: Court case adjourned 3 times - stat demand

      I am due to attend court on Sept 30th- the case has been adjourned 3 times. I received a statutory demand from the Respondent BWlegal acting on behalf of Lowells which was posted through my letterbox on 20/3/13 but dated 26/2/13. Application to set aside was taken to the Court on 5/4/13.
      This Application to set aside was due to the CCA request referring to be an application form, no T&C's in the prescribed form, no default notice, NOA and at that time it was unclear if any penalty charges had been applied.
      I attended The Royal Courts of Justice in May which was all very scary & BW turned up with no documentation- just asking for costs! and the case was adjourned until 2/6/13. Court ordered that the Creditor produced said docs by 4/6/13.
      I wrote to the court on 14/6/13 as I had not received the stated docs.
      On 6/6/13 I received a witness statement from their litigation executive which only included an Hutchinsons 3G bill for £15.00 which they included in the SD (original creditor Capital One amount 3,665).
      My witness statement was sent notifying the Court that no doumentation had been received( quoting Phoenix Recoveries/Mr.Justice Warren) & that I had received information from my SAR that £156 penalty charges had been applied.
      Also it was drawn to my attention that the SD was incomplete.(of which a copy was submitted to the Court on 4/5/13 along with my set aside application). Only two pages were received and did not contain 'particulars of debt' and did not include information of 'how to comply with a statutory demand'.
      BW turned up at Court on 2/7/13 with Default Notice from Capital One which was not contained in my SAR. I did state that it was not on Capital One headed paper but this was dismissed and also if it was a valid DN it was inaccurate,invalid and defective due to the inclusion of penalty charges. (also dismissed- due to me not remembering OFT guidelines- but the judge seemed to deem these charges as reasonable).
      Their schedule of costs £964.80 which wasn't granted.
      They also produced a witness statement from the serving processor which I have never received!

      Case adjourned until 2/8/13.I then received from the Court on 8/7/13 Quote:
      The Court having considered this application today and upon reading the letter from the respondent's solicitor dated 4th July 2013 it is ordered that the process server's attendance at court shall not be excused for the hearing of the debtor's application.
      The hearing re re-listed for hearing on 19th August for cross examination.
      Any party affected by it may apply,not more than 7 days after receipt of it by him to have it varied,set aside or stayed.
      Letter received from BWlegal dated 12/8/13 received 17/8/13 stating that the case had been adjourned again because the process server was on a course!

      I am beginning to lose faith and cannot believe how these despicable companies can get away with their abuse of the court's system.
      Any help would be greatly appreciated.
      I have correspondence going back to 2007 with the original creditor when due to illness I unfortunately got to debt and was making token payments to OC- last payment was in 2009.
      • 2 likes

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      • #4
        Re: Court case adjourned 3 times - stat demand

        The Site Admin, Celestine, has an excellent track record of getting SD's set aside. I'm sure she'll pick up on this post and respond in due course. :beagle:
        • 3 likes

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        • #5
          Re: Court case adjourned 3 times - stat demand

          http://www.legalbeagles.info/forums/...journed-3times

          Havana.........Celestine replied to your first post ^^......follow the link and you will see her response
          • 1 thank

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          • #6
            Re: Court case adjourned 3 times - stat demand

            Havana - I've moved your post and the replies to the original thread to avoid confusion. :beagle:
            • 2 likes

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            • #7
              Court case adjourned 3 times BWlegal

              SD adjourned 3 times! Now weary and worn out. Next court date Sept 30th. I will try to brief.
              SD issued through my letterbox 20/3/13- SD dated 26/2/13. Application to set aside as no requested documentary proof had been received by the OC which was requested in 2009. OC Capital One amount 3,665. OC was notified of my financial hardship problem due to serious illness and token payments were made until 2009.
              Lowells also added on a £15 3G debt which was duly paid.
              Attended court on 14/5/13 at Royal Courts which was very scary! Case was adjourned as BW legal failed to provide documentation and was allowed more time to provide.
              Court ordered that documents were to be sent to court and myself by 4/6/13. I received a witness statement and sent my reply.
              On 2/7/13 I attended court again- my arguments being:
              that CCA received did not contain prescribed T&C's and clearly stated it was an application form.
              SAR now received contained penalty charges amounting to £156 and if a DN had been received it would have contained inaccurate particulars of the outstanding debt and been invalid and defective due to penalty charge inclusion.
              The SD received from BWlegal (of which a copy was submitted to court on 4/5/13) was incomplete. Only 2 pages were received and did not contain "Particulars of Debt' and did not include information regarding "How to comply with an SD"
              BW's argument was that CCA had been supplied even though they stated in letters it was an application form. Judge took the view that as it was signed it was valid.
              BW produced a DN which in my view could have come from anywhere and was not contained within my SAR.
              Also referred to the contents of my witness statement that the SD did not comply with the Insolvency Rules as no prior contact was made with me before the SD was issued.
              This was disputed and a copy of the process servers witness statement was the handed to me by BW and insinuations made that I must have received this and due to bad housekeeping I had mislaid it!
              Case adjourned again for process server to attend court for cross examination.
              Costs were not awarded to BW.
              I was informed by the Judge to submit my costs prior to the next hearing.
              Hearing date set for 2/8/13 but received letter from the court stating that "upon reading the letter from the Respondent's solicitor dated 4/7/13 the process servers attendance at court shall not be excused for the hearing of the Debtor's application. The hearing application fixed for 2/8/13 be vacated and re-listed for 19/8/13.
              BW had 7 days to respond.
              I received a copy of letter sent to court dated 12/9/13 from BW stating that the process server was on a course and would not be able to attend!!!
              I am a home owner which has been a constant worry that I may lose my flat. I returned to work after being ill for five years and do not earn very much.
              Sorry this thread is so long but I am now losing the will as the Judge does not appear to have knowledge of any legal standings that I have quoted in regards to abuse of process.
              Any help would be appreciated
              • 2 likes

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              • #8
                Re: Court case adjourned 3 times BWlegal

                Havana - Did you get my email?
                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                I am proud to have co-founded LegalBeagles in 2007

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                Comment

                • #9
                  Re: Court case adjourned 3 times BWlegal

                  Sorry only logged in to my email. Yes I did receive your message and will phone you tomorrow if that's ok. If there is any information that you may need please let me know as I have a mountain of paperwork that may be able to assist.
                  Thank you so much for you reply I don't feel so alone!
                  • 2 likes

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                  • #10
                    Re: Court case adjourned 3 times - stat demand

                    Thank you very much I wasn't sure if the original thread was sent. Celestine has contacted me and I will discuss this matter further with her.
                    • 1 thank

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                    • #11
                      Re: Court case adjourned 3 times BWlegal

                      Originally posted by havana7799 View Post
                      Sorry only logged in to my email. Yes I did receive your message and will phone you tomorrow if that's ok. If there is any information that you may need please let me know as I have a mountain of paperwork that may be able to assist.
                      Thank you so much for you reply I don't feel so alone!
                      Phew glad you got my message ok 3 adjournments is exactly the sort of abuse of the process that is too prevalent.

                      I'll look forward to speaking with you tomorrow.
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                      • 2 likes

                      Comment

                      • #12
                        Re: Statutory Demand court case adjourned 3times

                        Congratulations to Havana.

                        The statutory demand has been withdrawn and her legal costs paid. So no need to attend court on Monday for the 4th time!!
                        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                        I am proud to have co-founded LegalBeagles in 2007

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                        • 4 likes

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                        • #13
                          Re: Statutory Demand court case adjourned 3times

                          Originally posted by celestine View Post
                          Congratulations to Havana.

                          The statutory demand has been withdrawn and her legal costs paid. So no need to attend court on Monday for the 4th time!!
                          Brilliant news Celest...............I knew you would have had a hand in this:wub:

                          Sparkie
                          • 2 likes

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                          • #14
                            Re: Statutory Demand court case adjourned 3times

                            Marvellous news. Well done :doggieyes:
                            #staysafestayhome

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                            • 2 likes

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                            • #15
                              Re: Statutory Demand court case adjourned 3times

                              Expected nothing less Leggy
                              • 2 likes

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