statutory demand from BW Legal / Lowell / lloyds WON!!!!

[MrsJ]

I received a Statutory Demand from BW Legal / Lowell on 30th September.
This relates to a Lloyds bank credit card when I was in financial difficulties due to illness in 2008.(Still ongoing)
The account was disputed with Lloyds re PPI and charges etc.
It has been passed to many different debt collectors in the past 4 years, all of which I have informed the account amount was disputed with Lloyds.use

What should or can I use as my defense to get the statutory demand set aside ?

Any advice would be very much appreciated.

Thank you

[PlanB]

Re: statutory demand from BW Legal/Lowell/lloyds

I received a Statutory Demand from BW Legal / Lowell on 30th September.
This relates to a Lloyds bank credit card when I was in financial difficulties due to illness in 2008.(Still ongoing)
The account was disputed with Lloyds re PPI and charges etc.
It has been passed to many different debt collectors in the past 4 years, all of which I have informed the account amount was disputed with Lloyds.use

What should or can I use as my defense to get the statutory demand set aside

I'll flag this up for Celestine who is not only the site owner but works for a law firm. She specializes in getting shot of SDs particularly Lowells. She's had over 20 straight wins recently

[FlamingParrot]

Re: statutory demand from BW Legal/Lowell/lloyds

I received a Statutory Demand from BW Legal / Lowell on 30th September.
This relates to a Lloyds bank credit card when I was in financial difficulties due to illness in 2008.(Still ongoing)
The account was disputed with Lloyds re PPI and charges etc.
It has been passed to many different debt collectors in the past 4 years, all of which I have informed the account amount was disputed with Lloyds.use

To help Celestine with this, could you please answer a few questions:

• Did you ever send a CCA request to Lloyds or any of the DCAs involved? If so, what was their response?
• Did Lloyds issue a default notice (DN) when you stopped making minimum payments?
• Have you got a notice of assignment saying the debt has been sold to Lowell?

Celestine's track record setting aside Lowell's SDs is second to none so you are in safe hands.

[PlanB]

Re: statutory demand from BW Legal/Lowell/lloyds

This relates to a Lloyds bank credit card when I was in financial difficulties due to illness in 2008.The account was disputed with Lloyds re PPI and charges etc.

When was this credit card account opened (before April 2007 or after?). Have you ever sent a section 78 request to Lloyds or any of their DCAs to obtain a copy of your original agreement? I note you had PPI on this account so if the bank did respond to a s.78 request they would also have to supply full details of the PPI element of the contract under s.18 (?) and this is where they can sometimes fail to comply

Post up as much detail as you can about this debt.

Read this to make you feel better while you wait for Celestine to get in touch. I've sent her a message

http://www.legalbeagles.info/forums/...864#post350864

[Celestine]

Re: statutory demand from BW Legal/Lowell/lloyds

Mrs J - Welcome to LB

I would be delighted to assist with your statutory demand from Lowell Portfolio.

Please answer the Q's above regarding the s.78 request, default notice and assignment.

If you haven't already sent a s.78 request.....you should do so IMMEDIATELY.

Please also scan a copy of the stat demand and email to me at katebriscoe@howlettclarke.co.uk

Please also provide full contact details so that I can give you a call to discuss the way forward with this case.

[FlamingParrot]

Re: statutory demand from BW Legal/Lowell/lloyds

If you haven't already sent a s.78 request.....you should do so IMMEDIATELY.

For convenience, a CCA request letter can be found here: http://www.legalbeagles.info/forums/...965#post365965

[MrsJ]

Re: statutory demand from BW Legal/Lowell/lloyds

Thought I posted at lunch time but its disappeared.

So a BIG Thank you for your prompt responses.
Sorting through the mound of paperwork at the moment.
I received 2 letters in one envelope dated 8th July 2013 one from Lloyds saying sold to Lowell on 24/6/13 and the other Introducing Lowell with the balance and statement from 7/7/13 on the back.

Is it normal for exactly the same paper with lettering on side from 2 different companies to be used ? Or is Lowell allowed to send on behalf of both ?

will scan copy of demand to Celestine asap.

Thank you

[PlanB]

Re: statutory demand from BW Legal/Lowell/lloyds

Is it normal for exactly the same paper with lettering on side from 2 different companies to be used ? Or is Lowell allowed to send on behalf of both ?

Yes it's quite normal. As I understand it the legal obligation is for you to be made aware of the change of ownership and the amount owed and to whom it should be paid. You will get a *Goodbye* letter from the outgoing creditor and a *Hello* letter from the debt purchaser. As long as the correct information is contained in these letters it really doesn't matter on what headed notepaper you get this information or whether it comes in the same envelope (which it usually does) .

[MrsJ]

Re: statutory demand from BW Legal/Lowell/lloyds

Just escaped out of the understairs cupboard !!!

Requested info from Lloyds Sept 2008
Sent non compliance letter December 2008 again s 78 request.
Have not found agreement so dont think they complied.
Found default notice dated September 2008.

Thank you

[FlamingParrot]

Re: statutory demand from BW Legal/Lowell/lloyds

Good to see you've found the papers, I would say send them to Cel at her email address above.

[MrsJ]

Re: statutory demand from BW Legal / Lowell / lloyds

Will do.

[MrsJ]

Re: statutory demand from BW Legal / Lowell / lloyds

CCA request posted yesterday :tinysmile_aha_t:

[MrsJ]

Re: statutory demand from BW Legal / Lowell / lloyds

Celestine STRIKES AGAIN SET ASIDE

To anyone in the same situation as me with a Statutory Demand
please do not hesitate to contact Kate for assistance.

I cant thank her enough for the way she has dealt with me in my situation.
It was like a huge burden had been lifted off my shoulders when Kate took on my case,chatted on the phone and put me at ease.

A big THANK YOU to Kate and everyone on this site for the encouragement given to fight back.

One down a few more to go !!!

[MrsJ]

Re: statutory demand from BW Legal / Lowell / lloyds

How can I edit the heading to include
Celestine STRIKES AGAIN SET ASIDE

[PlanB]

Re: statutory demand from BW Legal / Lowell / lloyds

Celestine STRIKES AGAIN SET ASIDE