Statutory demand received - WON!!

[MAR]

Hi guys and girls. I'm fairly new here and I would like some help quite quickly to start putting something together to address this £34,000 problem and try to avoid bankruptcy if I can?!?!
I've been disputing a Lloyds loan and a Lloyds credit card for just 2 months short of the 6 yrs they have to 'call it in' as they say. Since day one I have stated to the bank that I would happily pay what I lawfully owe as soon as they send me basically, proof that the debt is valid. They pretty much ignored my requests so the accounts went into default and sold on. At first it went to their in-house solicitors SCM, who threatened court action. I sent them a 'third party go-away ' letter, stating that I will only deal with the original bank concerned, and thanked them for their letters, returned as unnacepted. I have not contracted with any of them and have probably seen off at least 7-8 debt collectors this way. THEN Lowells come on the scene!!! They eventually passed it to B W LEGAL who instantly issued a Statutory Demand for both accounts which amount to the £34,000.
To me, they are trying to collect on an unproven debt that has 2 months before the 6yr deadline is up.
I'm really very worried as I havn't got that sort of money now and cant see how I'm going to sort this out. Thanks for your time and if there is anyone out there who thinks that they may be able to offer some helpful advice, I would very much appreciate it.

MAR

[Amethyst]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Have a read http://www.legalbeagles.info/forums/...533#post386533 and http://www.legalbeagles.info/forums/...uccesses-forum - hopefully that will calm the stress a little and give you some ideas.

You have 18 days from 11th to get this sorted - so 29th April.

What was the original dispute on the debts ?

They are both CCA debts so you should send Lowell a formal CCA request on each tomorrow - the simple one is fine from http://www.legalbeagles.info/forums/...y-of-Agreement - include a £1 cheque or postal order in each and send recorded/special delivery for your own peace of mind.

[Amethyst]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Intrigued what your '' 'third party go-away ' letter'' was though ?

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Thank you Amethyst. Your speedy reply is very much appreciated. I will have a good look at those links and have my CCA request letter ready to post tomorrow. Do you think I should apply to have it set aside just yet or wait abit?

[Amethyst]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Maybe worth having a chat with Kate first (see first link)

What was the original dispute on the debts ?

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

I will attach my third party go away letter tomorrow. It's getting on abit now.

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

[QUOTE=MAR;426244]Hi. Just a quick update. Have spoken to Kate and she has very kindly taken my case on. Am now waiting for a reply to the CCA request sent to Lowells today via BWLegal. Kate will soon be makng an application to set aside the SD. The original dispute, back in 2008,was based on information gained from a private members club I joined at that time. Basically, it was just asking the lenders to provide certain documents to validate the debt. When told this was a proven method to clear debts, I thought why not give it a go, and stopped paying while they were being disputed. The only thing it seemed to do was to keep them at bay with no real means to an end. It has been successful in that I have had no payments to make, but time consuming fighting off the hoards of debt collectors. The 'go away' letters did work though..........until now! So I think now is the time to get professional help . This definately seems to be the best place to come, I think you would all agree.

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi. Just a quick update. Have recieved a standard letter from BWLegal today dated 15th April 2014 advising me to call their office to make arrangements for setlement to avoid impending bankruptcy. Also no acknowledgement yet of CCA request that they signed for as recieved on 16th April2014. They do still have time to get those details to me though.
Laters

MAR

[Amethyst]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Good that Kate is handling this with you. Disputing debts can help to give you some breathing space to get sorted, and occasionally can take you past 6 years so the debt is stat barred, but if you aren't wanting the creditors to take you to court so you can get a set payment arrangement or deal with the debt legally for once and for all, which is only good if you are confident of having a full defence to the debt, then you need to deal with the dispute and sort out an arrangement of some sort of finality with the creditor, else you risk bankruptcy through the stat demand process or charging orders over your property through the court process. Hopefully the lack of documentation on this debt will assist in getting the SD set aside - the SD process doesn't halt the statute barred time like court does but in order to have the SD set aside you might need to agree to acknowledge and enter into a payment arrangement or reduced settlement with the creditor. Particularly with a debt of this size - presumably both loan and card are under £25k so do fall under the CCA regulations.

What was the 'private members club' ?

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi Amethyst, thaks for your reply. Sorry it's taken so long to reply.
Yes the debts are individually under the 25k threshold. I am really looking to possibly delay as much as pos so both accounts are time barred. The 6 yrs are up on 2nd and 5th June 2014. SO CLOSE!!! Just a quick update. I received letter from BWLegal on 29th April that was dated 26th April.They thanked me for my letter dated 25th April, but said they had to unfortunately return the two cheques as they were made out to Lowells. Firstly, they signed as received my CCA request letter 16th April, so have breached the time allowed to produce those files to me (12 days). Secondly, as Kate reminded them in a quick phone call, it states in the CCA 1974 s.175, that as acting agents for the creditor, they have a duty to the creditor to remit the payment to the them forthwith. I sent them a reply to further bring this to their attention and included the original cheques too. They apparently apologised to Kate and admitted they made an error and that it shouldn't have been returned. So that's about it so far. By the way, the private members club was called The Liberty Wealth Club. It is no longer around. Probably the closest thing to it now is The Bollingbrooke Institution.

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi. Just a further update. Spoke to Kate a couple of weeks ago. She said that we have a court date of the 10th June. I still havn't received any cca paperwork from BWLegal. Kate is confident this will be sorted before the court date so hopefully some time this week. Will keep you posted of progress. Thanks LegalBEAGLES.

[Celestine]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi Mar

I removed one sentence from your update as it contained strategically sensitive information that I'd prefer the opposition not to learn ..... just yet

Kate

[MAR]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi everyone. Just wanted to let you all know that I've had a result today and thanks to Kate and her team, a damn FINE result at that! Lowells have today (the day before the hearing), at close of business of course, admitted defeat and the Statutory Demand that was served by hand on my doorstep, has successfully been set aside. WOW. I heard Kate was good but this is an amazing result considering the amount at stake was around 34k. Lowells failed to produce ANY of the requested CCA paperwork at any time. I think they were hoping to use an assumed ignorance on my part, to get them through. Not this time however. I have kept them from my door and taking me to court for the last 6 years. With the help of this wonderful forum and the experienced experts, this has brought my case to a very successful conclusion. Thanks again for all your help, especially my hero Kate. Absolutely incredible. :tinysmile_twink_t2:

[FlamingParrot]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Hi everyone. Just wanted to let you all know that I've had a result today and thanks to Kate and her team, a damn FINE result at that! Lowells have today (the day before the hearing), at close of business of course, admitted defeat and the Statutory Demand that was served by hand on my doorstep, has successfully been set aside. WOW. I heard Kate was good but this is an amazing result considering the amount at stake was around 34k. Lowells failed to produce ANY of the requested CCA paperwork at any time.

:scared: :scared: :scared: :scared: :scared: :scared: :scared: :scared: :scared:

I think they were hoping to use an assumed ignorance on my part, to get them through. Not this time however. I have kept them from my door and taking me to court for the last 6 years. With the help of this wonderful forum and the experienced experts, this has brought my case to a very successful conclusion. Thanks again for all your help, especially my hero Kate. Absolutely incredible. :tinysmile_twink_t2:

:yo: :yo: :yo:

WELL DONE BOTH OF YOU!

[Celestine]

Re: Statutory demand received friday 11th april 2014-by hand!!!

Awww thank you for that update MAR x
It was a good result, we expected Lowell to fight harder on a higher debt amount, but the trusty CCA request deployed at exactly the right moment ensured that bankruptcy proceedings were not going to be the way forward for Lowell.

I do wish they wouldn't leave it so late in the day for settlement though! The barrister was ready to buy his train ticket!