Statutory Demand from BW legal / Lowell Urgent WON!!!!!

[trout]

Hi

I received an SD from BW Legal on 8 April

Brief History -

CCA sent to halifax December 2009 for a credit card agreement

Nothing received

Jan 2010 informed halifax that the acc was in dispute due to their non compliance to my S78 request and stopped monthly payments

Feb Halifax say they have sent a recon and current T & C,s

I write back and tell them that I have not received anything

March 2010 halifax issue Default Notice

After 14 days from the date on their DN they terminate the agreement

I accept there termination

they continue to add Interest for another 5 months

Debt assigned to Lowells 2013

I cca Lowells and receive a copy of part of a Halifax application form containing my sig and the Prescribed terms but with various other
terms refered to bu not present ie Key terms etc

they also sent an unsigned HBOS recon with different terms and Interest rates to the Halifax application and 12 months of statements to july 2010

I wrote to Lowells stating what they had sent was not an agreement

they said it was

then SD

help please

[Amethyst]

Re: Statutory Demand from BW legal / Lowell Urgent

Hi Trout.

Did you actually receive the SD on the 8th April ? If so you don't have much time left as you need to apply to set aside within 18 days of service.

Have you had a read of the forum and other peoples cases? Particularly have a read of this thread http://www.legalbeagles.info/forums/...ands-READ-HERE and the successes forum.

If you have already sent a CCA request and had a response then it may be an idea to upload what you have received here. It sounds like the original agreement, and current terms.

Was the only reason you stopped paying because of '' Jan 2010 informed halifax that the acc was in dispute due to their non compliance to my S78 request and stopped monthly payments '' or was there a dispute on your account ?

Regards

Sharon

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent

Hi Sharon,

Yes I stopped the monthly payments because of their non compliance to my S78 request.

Also whilst I agree it is the original agreement, it is only part of the original agreement eg under OTHER FINANCIAL INFORMATION 3.7 says ' when we work out the APR we do not take into account any changes to the interest rate,charges or fees.We may charge these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 12.2 ' but condition 12.2 is missing, as is condition 5 which is also referred to.

Also in the SD BW Legal state that the sums became payable in full following service of a default notice by the original creditor on the date shown below and this being unsatisfied by the debtor - but the date given was 4 months after they had terminated the agreement after giving me insufficient time to remedy the breach - is this at all relevant ?

I shall read the thread

thanks

trout

[Amethyst]

Re: Statutory Demand from BW legal / Lowell Urgent

''March 2010 halifax issue Default Notice

After 14 days from the date on their DN they terminate the agreement''

So the default notice gave you 14 days to remedy the breach (pay the arrears) ?


Yes the agreement should include a copy of all the terms and conditions related to the agreement - so terms 12.3 and 5 should be present even if in another document, and they must send you a copy of this as well under the CCA - you could use this to assist with your set aside application.

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent

this is what Lowells sent me in response to my S78 request doc 2 & 3 front and back of application form.

docs 4, 5 & 6 are the first few pages of what I presume is a recon

[Amethyst]

Re: Statutory Demand from BW legal / Lowell Urgent

So Doc2 (and 3) is the actual copy of the original agreement. So you are missing the rest of the terms (5 onwards) for that agreement. Although all the prescribed terms are within that agreement so it's just a matter of sending the additional terms you had when signing the agreement. So basically you have a legibility issue (so they should type it up clearly for you) and some missing terms on the original agreement.

Doc4 appears to be the current terms applicable to the account (ie it's BOS and interest rates about 10% higher and default fees are lower etc)

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent

Yes doc 2 is the reverse side of doc 3 and is original agreement that I mentioned in post 3

Doc 4 does appear to be the T & C's when the account was terminated although as it is not dated I am guessing.

[Amethyst]

Re: Statutory Demand from BW legal / Lowell Urgent

kk so you are fighting really on legibility and on the rest of the terms.

Do you want to see if Kate ( http://www.legalbeagles.info/forums/...533#post386533 ) can deal with it in a couple phone calls to BW Legal (may be a little exageration lol) or do the set aside application and hearing yourself ?

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent

I would love Kate to deal with it

[Amethyst]

Re: Statutory Demand from BW legal / Lowell Urgent

Best give her a call then (drop her an email if she's not about but put the date of service of your SD in the subject line)

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent

Will do, and thanks so much for your help

cheers,

trout

[Celestine]

Re: Statutory Demand from BW legal / Lowell Urgent

In Hand

Worth noting that the agreement is also unexecuted

[Celestine]

Re: Statutory Demand from BW legal / Lowell Urgent

Statutory Demand set aside successfully. Congratulations to Trout

[dotty50]

Re: Statutory Demand from BW legal / Lowell Urgent WON!!!!!

Found you trout!

Great news, you obviously got some great help over here. :thumb:

[trout]

Re: Statutory Demand from BW legal / Lowell Urgent WON!!!!!

Thanks to a couple of people we both know I was pointed in the right direction just in time Dotty !!

Kate was brilliant from the outset and I would not hesitate to recommend her to anybody needing the services of an honest,open, and of course, highly successful Solicitor.
As I have said elsewhere, it is thanks to Kate, and those who recommended her that I can now sleep again at night. A Statutory Demand is a frightening tool in the hands of
unscrupulous Debt Collectors and their legal teams, so to have someone of Kate's ability fighting your corner is priceless, especially when it costs you nothing in financial terms
as Kate recovers the costs from the other party in respect of Statutory Demands, if she wins ( apparently 100 % win rate to date ) .If you have a bad case then I am sure that Kate will advise you accordingly.

Again, thanks to those who pointed me to this Forum and lastly thank you so much Kate.

trout