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HELP!! Stat demand Lowell BW Legal on Lloyds Loan - SD withdrawn :) !

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  • HELP!! Stat demand Lowell BW Legal on Lloyds Loan - SD withdrawn :) !

    Hello All
    I have been researching what and what not to do with regard to a Lloyds TSB debt over the last 12 months and taken no action as I had been receiving letter's from various DCA's, with no action on their part. Stupid thing I know but I didn't think they would act.

    Please help!!

    Brief history: 18k internet loan taken out Feb 09 with Lloyds TSB. Defaulted Dec 09 due to a mental breakdown with personal and job difficulties.
    Been under the hospital for last 4 years as still recovering.
    Wrote and rang Lloyds in March 2010 and they stated they had no record of the loan and it had disappeared from my internet banking account.

    Several letters from DCA's in. Wescots but solicitor at the time advised to take no action as just seemed like a standard phishing letter. That was in 2010.

    Received nothing again until July 2013 from Lowells and then again every month including a fake letter from Lloyds assigning the debt to Lowells - it actually came with the Lowells letter.

    I have today received a letter from BW Legal stating I have been served with an SD on 3 Feb 2014 which I haven't!! A man did come to the house asking for me but I told him I didn't know who she was and didn't live here, I assumed it was a baliff so denied I was the named person he was looking for.

    They are giving me until 1 March to contact them.

    What do I do and can they legally pursue the debt as I have received nothing from Lloyds who are now TSB and I have never received anything recorded delivery or by hand.

    Please can you help as I have tried to self research but get confused as there are now other regulations regarding loans after April 07.

    I feel physically sick and worried to death as I do own a house jointly with my ex partner and there is equity in the house. I do currently live with him at the owned property due to my health and remain on ESA.

    Any help and advice would be so appreciated, thank you.
    Tags: None

  • #2
    Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

    Hi sasharoo

    First of all if you want to have a read of this thread - http://www.legalbeagles.info/forums/...ands-READ-HERE and also in the success forum http://www.legalbeagles.info/forums/...uccesses-forum

    The stat demand obviously hasn't been served on you, it would be advisable if the man returns just to accept service.

    Have you already sent a CCA request for a copy of your agreement from Lloyds? If not it is advisable to do that now, send to Lowells with a postal order for 1 (as the statutory fee for such a request)

    Dear Sir/Madam

    Re:− 000000000000

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of 1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We look forward to hearing from you.

    Yours faithfully

    Name
    If they don't come back with the agreement in 12+2 days then you can validly use that as a reason to set aside the SD.

    It sounds like the claim is going to be for over 15k as you only made payments for 10 months before defaulting.

    If the SD does get set aside then they can bring county court action against you which will enable you to make an affordable offer of repayments (that is IF their claim is valid and backed up with the correct documentation), and possibly secure the debt against your home by way of a charging order. That's a long way hence so not worth worrying about now, and a CO will just sit on your house whilst you make the installment payments. Much better route than being made bankrupt entirely.

    Have a read of the info from Kate (Celestine) and get the CCA request sent off to Lowells.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

      Hi
      Thanks for your reply. I haven't sent or requested anything to date. Do I also need to reply to BW Legal?

      I have been trying to research the best action to take but I'm a little confused as I have read that because the loan inception date was after April 07 they do not need to supply an original copy of the credit agreement....is that true?

      Also I haven't received a 'true copy' of assignment from Lloyds but again I have read somewhere they don't have to. It was from Lowells pretending to be Lloyds. Do I need to request a copy of that from Lowells when I ask for the CCA?

      Just really worried about it all and feel stupid for not doing something sooner.

      Many thanks

      Comment


      • #4
        Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

        Originally posted by sasharoo View Post
        Hi
        Thanks for your reply. I haven't sent or requested anything to date. Do I also need to reply to BW Legal?

        I have been trying to research the best action to take but I'm a little confused as I have read that because the loan inception date was after April 07 they do not need to supply an original copy of the credit agreement....is that true?

        Also I haven't received a 'true copy' of assignment from Lloyds but again I have read somewhere they don't have to. It was from Lowells pretending to be Lloyds. Do I need to request a copy of that from Lowells when I ask for the CCA?

        Just really worried about it all and feel stupid for not doing something sooner.

        Many thanks
        Don't worry lots of people do hide from these things until things turn more urgent.

        They still have to supply you with the credit agreement copy - it can be a reconstruction for loans since 2007 - but has to be a true reconstruction with terms from inception and current, plus for court processes they need to supply evidence that they have the right to collect the debt and that the debt does exist. I wouldn't stress about the assignment - it is exccedingly common that the assignment is sent from the DCA on Original Creditors headed paper. Keep the CCA simple.

        I'm not entirely sure on the situation that you refused service of the SD. It often takes a bit of time for this info to be filtered back to the claimants and you could respond to them saying you haven't had anything served on you on the 3rd February or at all. If you are considering engaging a solicitors firm to deal with this on your behalf then it would be best to speak directly with them first as they are better placed to ring BW to tell them they have mucked up the letter as service hasn't been undertaken yet.

        What else did the BW Legal letter say ? If they believe it was served on the 3rd February then in their view the time to setaside would be up tomorrow (18 days). So they do need correcting on the service date one way or t'other.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

          Hi
          I don't have a scanner to post the letter sorry. So here's what it says:

          "You were served with the Statutory Demand by way of Substituted Service on 3 February 2014.
          Please contact Takapona Lovejoy Masawi of this office on 0113 323 1784(34532) as soon as possible so that a settlement arrangement can be reached.
          If we fail to receive a response from you by 1 March 2014 we will send a Bankruptcy Petition to court to be issued."

          It then explains that if a BP is issued and I do not pay in full or make arrangements with them, they will seek a Bankruptcy Order and appoint an Official Receiver to assess my assets inc. my house.

          In order to avoid a BP to the court they are asking for me to contact them before March 1 2014.

          Do I need to appoint a solicitor or can I take this on with advice from this forum? I am on benefits and can't really afford to appoint one but I am prepared to fight them all the way if needed.

          I will type up the CCA request and get it posted tomorrow recorded post to Lowells.

          Do I need to contact BW Legal with the same request?

          Many thanks for your help.

          Comment


          • #6
            Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

            Okay thank you. They certainly need informing then that they have not served the SD on you.

            Celestine (other site owner here) acts for lots of LB'ers (and others) SD cases to get them set aside. There is mostly no cost to the defendant as she obtains costs from Lowell/BW Legal (which is kinda nice).

            Worth sending her a message or giving her a call outlining your situation - she may just be able to give BW Legal a call to inform them they failed on service so to reserve (or bog off entirely if they can't evidence the claim)

            http://www.qualitysolicitors.com/how...e/kate-briscoe



            Originally posted by sasharoo View Post
            Hi
            I don't have a scanner to post the letter sorry. So here's what it says:

            "You were served with the Statutory Demand by way of Substituted Service on 3 February 2014.
            Please contact Takapona Lovejoy Masawi of this office on 0113 323 1784(34532) as soon as possible so that a settlement arrangement can be reached.
            If we fail to receive a response from you by 1 March 2014 we will send a Bankruptcy Petition to court to be issued."

            It then explains that if a BP is issued and I do not pay in full or make arrangements with them, they will seek a Bankruptcy Order and appoint an Official Receiver to assess my assets inc. my house.

            In order to avoid a BP to the court they are asking for me to contact them before March 1 2014.

            Do I need to appoint a solicitor or can I take this on with advice from this forum? I am on benefits and can't really afford to appoint one but I am prepared to fight them all the way if needed.

            I will type up the CCA request and get it posted tomorrow recorded post to Lowells.

            Do I need to contact BW Legal with the same request?

            Many thanks for your help.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

              Thank you so much, I'll email her now...I'd rather pay Lloyds back or give the money to charity if I had it rather than those lowlifes!!

              Thanks again!!

              Comment


              • #8
                Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                Originally posted by sasharoo View Post
                Hello All
                I have been researching what and what not to do with regard to a Lloyds TSB debt over the last 12 months and taken no action as I had been receiving letter's from various DCA's, with no action on their part. Stupid thing I know but I didn't think they would act.

                Please help!!

                Brief history: 18k internet loan taken out Feb 09 with Lloyds TSB. Defaulted Dec 09 due to a mental breakdown with personal and job difficulties.
                Been under the hospital for last 4 years as still recovering.
                Wrote and rang Lloyds in March 2010 and they stated they had no record of the loan and it had disappeared from my internet banking account.

                Several letters from DCA's in. Wescots but solicitor at the time advised to take no action as just seemed like a standard phishing letter. That was in 2010.

                Received nothing again until July 2013 from Lowells and then again every month including a fake letter from Lloyds assigning the debt to Lowells - it actually came with the Lowells letter.

                I have today received a letter from BW Legal stating I have been served with an SD on 3 Feb 2014 which I haven't!! A man did come to the house asking for me but I told him I didn't know who she was and didn't live here, I assumed it was a baliff so denied I was the named person he was looking for.

                They are giving me until 1 March to contact them.

                What do I do and can they legally pursue the debt as I have received nothing from Lloyds who are now TSB and I have never received anything recorded delivery or by hand.

                Please can you help as I have tried to self research but get confused as there are now other regulations regarding loans after April 07.
                Was there PPI or any insurance on the loan? The reason I'm asking is because this was an internet application from 2009 so very likely to be enforceable, unless there are other reasons for dispute. :noidea:

                Let's see what our Cel says. :yo:

                Comment


                • #9
                  Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                  There was no PPI or insurance. I have never had it and prior to me being ill I was always a person that paid debts and bills as a priority and I had an excellent credit rating.

                  I wrote and rang Lloyds but they stated that they had no record of the loan which I was very surprised at so hence I left it and they have never pursued me for the loan. My family solicitor also advised not to do anything until I heard further and a letter I received from Wescot's at the time, which she had a copy of, she stated they were just gathering info from my credit file and had no real intention to take action.

                  And needless to say I am now a wreck, haven't slept and going to try and call Kate this morning.

                  I really hope I can finally get this sorted.

                  Comment


                  • #10
                    Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                    Get a large cup of tea/coffee........sit down in a comfy chair...get all your paperwork sorted and ring Kate....whatever happens at least you will know what you're facing and what your next steps are

                    Comment


                    • #11
                      Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                      Originally posted by Amethyst View Post
                      I'm not entirely sure on the situation that you refused service of the SD. It often takes a bit of time for this info to be filtered back to the claimants and you could respond to them saying you haven't had anything served on you on the 3rd February or at all. If you are considering engaging a solicitors firm to deal with this on your behalf then it would be best to speak directly with them first as they are better placed to ring BW to tell them they have mucked up the letter as service hasn't been undertaken yet.

                      What else did the BW Legal letter say ? If they believe it was served on the 3rd February then in their view the time to setaside would be up tomorrow (18 days). So they do need correcting on the service date one way or t'other.
                      I should think it's not uncommon to try to avoid service of a SD. The Insolvency Service makes provisions for that event, as per this publication: http://webarchive.nationalarchives.g...statdemand.pdf

                      4. How should I serve the demand?
                      a. If an individual owes you money:

                      You must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally on them. You can employ a process server to do this for you (see paragraph 6).

                      If you cannot serve the demand like that because the person is keeping out of the way to avoid service, there are some alternatives:
                      • You can send the statutory demand by first-class post or put it through the person’s letterbox. If you do this yourself and you go on to present a bankruptcy petition against this person, you will need to provide a statement of truth that says what steps you took to serve the statutory demand on the person. You will also have to state how you served the statutory demand and on what date you believe the debtor would have seen it.
                      • You may advertise the statutory demand in any way you think appropriate if:
                        • the money is owed under a judgment or order of any court; and
                        • you know, or believe, that the debtor has left their address or is keeping out of your way to avoid service; and
                        • you believe that you would not be able to recover the money owing to you by enforcing the court order.

                      They can't state a date when they 'believe the debtor would have seen it', since they didn't put it through the letterbox or send it by post. :nono:

                      The CPR Practice Direction on Insolvency Proceedings says that the creditor has an obligation to bring the SD to the debtor's attention: http://www.justice.gov.uk/courts/pro...cy_pd#IDAL4AIC
                      Substituted service of statutory demands

                      13.3

                      (13.3.1)
                      The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected (rule 6.3(2)).



                      (13.3.2)
                      In the circumstances set out in rule 6.3(3) the demand may instead be advertised.
                      (13.3.3)

                      Where personal service is not effected or the demand is not advertised in the limited circumstances permitted by rule 6.3(3), substituted service is permitted, but the creditor must have taken all those steps which would justify the court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the court declining to issue the petition (rule 6.11(9)) or dismissing it.

                      As it stands, they haven't taken any steps to bring the SD to the debtor's attention. :nono:
                      Originally posted by sasharoo View Post
                      I have today received a letter from BW Legal stating I have been served with an SD on 3 Feb 2014 which I haven't!! A man did come to the house asking for me but I told him I didn't know who she was and didn't live here, I assumed it was a baliff so denied I was the named person he was looking for.
                      Bailiffs can't just turn up at your home, the creditor would have to obtain a CCJ first, then apply to the court for a warrant of execution. If you have fallen behind on your council tax then councils often pass your account to bailiffs, but only after they have obtained a liability order and you should know if that was the case.

                      Comment


                      • #12
                        Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                        Originally posted by Inca View Post
                        Get a large cup of tea/coffee........sit down in a comfy chair...get all your paperwork sorted and ring Kate....whatever happens at least you will know what you're facing and what your next steps are
                        Thank you! I have called Kate and she was amazing to be honest although I know I'm up against it but I have said that I want to fight Lowells on this. I have read so many stories on line about these people and I feel that I can't just give in. Maybe I should have persisted with Lloyds when they told me they had no record of the loan back in 2010 but I don't really think I was in a fit state to pursue it tbh.

                        Lowell's have also been credit searching my ex's file which again I'm not sure that's legal. Yes we have a joint mortgage but we have been separated since 2009 but still at the same address. That may seem weird but due to my health and the fact I've known him 12 years, and we are good friends, he has helped and supported me to recover from my long term illness. I'm still not out the woods but I feel strong enough to hopefully fight these vile people.

                        I have mailed the letter from BW Legal to Kate so she will ring them today and hopefully sort out the mess I'm in.

                        Thank you to everyone that's posted advice. Wish me luck!

                        Comment


                        • #13
                          Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                          Originally posted by sasharoo View Post
                          I have called Kate and she was amazing to be honest although I know I'm up against it but I have said that I want to fight Lowells on this. I have read so many stories on line about these people and I feel that I can't just give in. Maybe I should have persisted with Lloyds when they told me they had no record of the loan back in 2010 but I don't really think I was in a fit state to pursue it tbh.

                          Lowell's have also been credit searching my ex's file which again I'm not sure that's legal. Yes we have a joint mortgage but we have been separated since 2009 but still at the same address. That may seem weird but due to my health and the fact I've known him 12 years, and we are good friends, he has helped and supported me to recover from my long term illness. I'm still not out the woods but I feel strong enough to hopefully fight these vile people.

                          I have mailed the letter from BW Legal to Kate so she will ring them today and hopefully sort out the mess I'm in.

                          Thank you to everyone that's posted advice. Wish me luck!
                          You couldn't be in better hands, if anyone can beat Lowell, she can! Time and time again!

                          You probably know her SD set-aside count, in case you don't, it's over 65, in just a few months, mostly from Lowell. :grin: :grin: :grin:

                          I shall keep my fingers firmly crossed for you. ray: ray: ray:

                          Comment


                          • #14
                            Re: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                            Sash is going to update herself shortly.

                            BW have agreed to withdraw the SD due to disputed service, Sash's ill health and the former dispute with lloyds.
                            However, they will now respond to Sash's s.77 response and if that all comes back compliant, they'll expect her to enter a payment plan or similar. At least this can now be resolved without bankruptcy looming, causing more distress and pressure.
                            "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: HELP!! SD not received? and letter from BW Legal on Lloyds Loan

                              I AM SO RELIEVED AND GRATEFUL TO KATE!! I am amazed that it's been done so quickly and have to say sincere thanks to Kate and this forum for the advice and support I have had in such a short space of time. Bless you!

                              I will send off CCA's and see what they come back with. At least I can have the weekend worry free as I can honestly say I have been a nervous wreck since yesterday, crying and blaming myself for getting in this mess.

                              Thank you again to the forum and especially to Kate for the help and support, still can't quite believe it !!

                              Comment

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