Lowell/Lloyds Statutory Demand - WON!!!

[TUTTSI]

Re: Lowell/Lloyds Statutory Demand

Wow that's a fabulous achievement, poor Lowell's must be shaking in their boots every time you contact them....... just think the 34 -50 that you are helping there are 100's that don't know that they can get help and Lowell's take them all the way.

I think I'm around the 34 mark now, but by the end of this month it will be over 50 :biggrin1:

[ODC]

Re: Lowell/Lloyds Statutory Demand

Have you beaten The Leeds Losers again???

[Celestine]

Re: Lowell/Lloyds Statutory Demand

[ODC]

Re: Lowell/Lloyds Statutory Demand

Surely 34 cases is enough to prove to the idiots at the OFT that these Feckers are abusing the system.

Did i ever mention I absolutely despise THE LEEDS LOSERS

[PlanB]

Re: Lowell/Lloyds Statutory Demand

For 'official purposes':

Statutory demand WITHDRAWN, partly because incorrect court was listed on stat demand.

When a SD is "withdrawn" does that mean it just gets 'filed away' or not progressed to a BR petition since a SD is not a document issued by the court? Or does the creditor have to file something formal at the intended court (albeit in this case they listed the wrong court :rolleyes2.

I sense there were other 'unofficial' reasons for it being withdrawn such as not a legal leg to stand on in relation to non compliance with s.78 CCA (4 times), but if the wrong court was listed I presume there is no other reason why a creditor can't simply issue a new SD a week later with the right court on it if they're confident of their legal stance to BR a debtor

[FlamingParrot]

Re: Lowell/Lloyds Statutory Demand

When a SD is "withdrawn" does that mean it just gets 'filed away' or not progressed to a BR petition since a SD is not a document issued by the court? Or does the creditor have to file something formal at the intended court (albeit in this case they listed the wrong court :rolleyes2.

I sense there were other 'unofficial' reasons for it being withdrawn such as not a legal leg to stand on in relation to non compliance with s.78 CCA (4 times), but if the wrong court was listed I presume there is no other reason why a creditor can't simply issue a new SD a week later with the right court on it if they're confident of their legal stance to BR a debtor

This is an interesting question, because when a SD is set aside, it will have been done through the courts and there would be a record.

If it was just withdrawn, there would be no record of either the SD being issued, or of it being withdrawn. :confused2: I'm not a lawyer, but these guys who are, say the claimants should pay the costs of making the application for set aside: http://www.clough-willis.co.uk/perso...ry-demand.html

However, in this case, things may not have progressed as far as making an application for set aside.

It also says the creditor is still free to start proceedings through the county court.

Once the application has been made it will be listed for hearing and the creditor will have an opportunity of responding to the application and supporting witness Statement. At that stage it may be possible to reach agreement with the creditor, particularly where no Judgment has already been obtained and the creditor may accept that there is a genuine dispute and that it is unreasonable to pursue the matter by service of a Statutory Demand. If that is the case, then they can withdraw the Statutory Demand, although they should normally pay the debtor's costs of making the application to set the Demand aside and the creditor is then free to commence proceedings through the Court which can be defended in the usual way.