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Lowells Statutory Demand - WON!!!!!

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  • Lowells Statutory Demand - WON!!!!!

    hi all could you please help.

    I received a a Statutory Demand from Lowells on the 22nd October for a Lloyds credit card debt. Basically, we fell into some financial hardship back in May 2009. After reading up lots threads from the CAG website, decided to dispute the account on the basis of not receiving a copy of the credit agreement and a full breakdown of the account (sent off a CCA request but only received a copy of my application form and some unsigned terms and conditions). I received a default notice in July 2009 but never received a termination letter or Notice of assignment.
    Rightly or wrongly i ignored many letters from different DCA's until recently when Lowells issued the SD. I have received a letter from Lowells this morning saying that the SD was served on 14th October which is actually 8 days before i actually received it.
    A couple of years ago i used a PPI claims company to pursue several credit cards and i think that Lloyds were one of them that were claimed against. I have no evidence of any payment received but from memory as i owed money on all my credit cards those that paid up deducted the PPI directly from the outstanding amount on the credit card.
    My question is where do i go from here:-

    1. I believe that the sum being chased is incorrect as it includes PPI which was, i think, deducted from the total sum but not sure how i can check this either way? Therefore, the amount being demanded is actually incorrect.

    2. I have not received a termination letter or notice of assignment and never received a satisfactory copy my actual agreement - i sent a CCA request to Lowells on the 24th October. Should i send an SAR to Lloyds too?

    3. I have lost 8 days from when the SD was served to when Lowells are saying it was served. What can i do about this?

    To add to my woes, this morning i have received a County Court Claim form from Capquest. The strange thing about this is that this also relates to a Lloyds credit card for a different sum of money and it is in my maiden name. I actually think it should be for a different credit card. So i could really do with some help on this too.

    Additionally, my Husbands business has gone into liquidation this month. I have had better months

    please any help would be much appreciated.

    Barnaby1

  • #2
    Re: lowells Statutory Demand

    Hi and welcome!

    You've come to the right place, Celestine, the site owner, specialises in setting aside SDs, most of them from Lowell! :yo: She has set aside dozens of them! :thumb:

    To get you started, you may want to look at this thread: http://www.legalbeagles.info/forums/...ands-READ-HERE

    This was one of Cel's wins against Lowell: http://www.legalbeagles.info/forums/...and-threat-X-3!!!

    ...and another one: http://www.legalbeagles.info/forums/...-Delivered-WON!!!

    ...and there's more:

    http://www.legalbeagles.info/forums/...y-by-bloke-WON!!!!!
    http://www.legalbeagles.info/forums/...ell-lloyds-WON!!!!

    I'll flag this thread up for Cel to look at. :thumb:

    Comment


    • #3
      Re: lowells Statutory Demand

      Originally posted by Barnaby1 View Post
      hi all could you please help.

      I received a a Statutory Demand from Lowells on the 22nd October for a Lloyds credit card debt. Basically, we fell into some financial hardship back in May 2009. After reading up lots threads from the CAG website, decided to dispute the account on the basis of not receiving a copy of the credit agreement and a full breakdown of the account (sent off a CCA request but only received a copy of my application form and some unsigned terms and conditions). I received a default notice in July 2009 but never received a termination letter or Notice of assignment.
      Could you scan or take a picture of the documents you have and post them up, after removing your personal details? :typing:

      Originally posted by Barnaby1 View Post
      1. I believe that the sum being chased is incorrect as it includes PPI which was, i think, deducted from the total sum but not sure how i can check this either way? Therefore, the amount being demanded is actually incorrect.

      2. I have not received a termination letter or notice of assignment and never received a satisfactory copy my actual agreement - i sent a CCA request to Lowells on the 24th October. Should i send an SAR to Lloyds too?
      With a SAR, they have 40 days to respond and you'll need to apply for set aside earlier than that. Wait to hear from Cel before doing anything else. :thumb:
      Last edited by FlamingParrot; 26th October 2013, 15:57:PM. Reason: Adding bit :)

      Comment


      • #4
        Re: lowells Statutory Demand

        Originally posted by Barnaby1 View Post
        To add to my woes, this morning i have received a County Court Claim form from Capquest. The strange thing about this is that this also relates to a Lloyds credit card for a different sum of money and it is in my maiden name. I actually think it should be for a different credit card. So i could really do with some help on this too.
        Sorry to hear that :sad:

        I think it would be best if you started a separate thread about this here: http://www.legalbeagles.info/forums/...-a-Court-Claim :typing:

        When you do, could you also post up the particulars of claim (after removing your personal details) and give us a little more info about both your credit cards:
        • When were they taken out (before or after April 2007)?
        • When did you last make a payment?
        • When did you default on them?
        • What are the alleged sums outstanding?
        • Did you ever get default notices?
        • Did you get a notice of assignment to Capquest?
        • Have you ever sent a CCA request to either Lloyds or Capquest?

        Comment


        • #5
          Re: lowells Statutory Demand

          Originally posted by Barnaby1 View Post
          Rightly or wrongly i ignored many letters from different DCA's until recently when Lowells issued the SD. I have received a letter from Lowells this morning saying that the SD was served on 14th October which is actually 8 days before i actually received it.
          A couple of years ago i used a PPI claims company to pursue several credit cards and i think that Lloyds were one of them that were claimed against. I have no evidence of any payment received but from memory as i owed money on all my credit cards those that paid up deducted the PPI directly from the outstanding amount on the credit card.
          My question is where do i go from here:-

          1. I believe that the sum being chased is incorrect as it includes PPI which was, i think, deducted from the total sum but not sure how i can check this either way? Therefore, the amount being demanded is actually incorrect.

          2. I have not received a termination letter or notice of assignment and never received a satisfactory copy my actual agreement - i sent a CCA request to Lowells on the 24th October. Should i send an SAR to Lloyds too?

          3. I have lost 8 days from when the SD was served to when Lowells are saying it was served. What can i do about this?
          Lowell make a habit of pre-dating most of their SDs, sometimes by up to three weeks, it's just one of their cheap tricks.

          Despite their attempts to make it sound like you're running out of time, you still have time to apply for set aside and I've PMd Cel to help you.

          Was the SD hand-delivered by a process server or sent by post?

          Comment


          • #6
            Re: lowells Statutory Demand

            Originally posted by FlamingParrot View Post
            Could you scan or take a picture of the documents you have and post them up, after removing your personal details? :typing:

            With a SAR, they have 40 days to respond and you'll need to apply for set aside earlier than that. Wait to hear from Cel before doing anything else. :thumb:

            Thanks FlamingParrot for the quick response.

            I have attached copies of the CCA letter received from Lloyds. I was unable to attach all documents due to size issues but have also attached SD & DN.

            Thanks
            Barnaby1
            Attached Files

            Comment


            • #7
              Re: lowells Statutory Demand

              Originally posted by FlamingParrot View Post
              Lowell make a habit of pre-dating most of their SDs, sometimes by up to three weeks, it's just one of their cheap tricks.

              Despite their attempts to make it sound like you're running out of time, you still have time to apply for set aside and I've PMd Cel to help you.

              Was the SD hand-delivered by a process server or sent by post?
              The SD was hand delivered through the letterbox. I was actually in but they just posted it?

              Comment


              • #8
                Re: lowells Statutory Demand

                Hi Barnie

                If you would like me to step in and help on your stat demand, email a good quality copy of it to my email address in my signature along with contact details. I'm sure I'll be able to help
                Kate
                "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: lowells Statutory Demand

                  Originally posted by Celestine View Post
                  If you would like me to step in and help on your stat demand, email a good quality copy of it to my email address in my signature along with contact details. I'm sure I'll be able to help
                  Now that's an offer you can't refuse Barnaby

                  Comment


                  • #10
                    Re: lowells Statutory Demand

                    I completely agree with Plan B.
                    Kate is brilliant She got mine and many others set aside.

                    Comment


                    • #11
                      Re: lowells Statutory Demand

                      Originally posted by Celestine View Post
                      Hi Barnie

                      If you would like me to step in and help on your stat demand, email a good quality copy of it to my email address in my signature along with contact details. I'm sure I'll be able to help
                      Kate
                      Thanks Celestine. I will email over the details later today. I really appreciate your help.

                      many thanks
                      Barnaby1

                      Comment


                      • #12
                        Re: lowells Statutory Demand

                        I have three 'accounts' with lowell. From time to time I receive threat-o-matics from them (latest received just yesterday) but after giving the letters a quick glance they go straight into the bin. The accounts are old and unenforeceable and due to be SB'd soon.

                        Question :confused2: has anyone in Scotland ever received a SD?

                        Apart from the buggers messing with my credit file (a matter for another day) they are completely toothless ......

                        Comment


                        • #13
                          Re: lowells Statutory Demand

                          Originally posted by Ruby View Post
                          I have three 'accounts' with lowell. From time to time I receive threat-o-matics from them (latest received just yesterday) but after giving the letters a quick glance they go straight into the bin. The accounts are old and unenforeceable and due to be SB'd soon.

                          Question :confused2: has anyone in Scotland ever received a SD?
                          Yes SDs apply to bankruptcy in Scotland although it's called Sequestration. The good thing is a creditor in Scotland must be owed £3,000 or more before seeking BR. In England and Wales it's only £750. But beware a creditor can include all debts owed to them in a SD in order to petition for BR. So if Lowells have bought three accounts you need to total these before assuming they won't come after you.

                          There's more about it in the link to the Scotland's Insolvency Service website.

                          http://www.aib.gov.uk/Services/Legis...orsapplication

                          Comment


                          • #14
                            Re: lowells Statutory Demand

                            In Hand
                            "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


                            • #15
                              Re: lowells Statutory Demand

                              opcorn:op2: opcorn:op2:

                              Comment

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