Threat

[righty]

Re: Threat

Forgot to mention tell the DCA if they proceed you will, after having their petition dismissed, be asking for costs & damages

[plymouthvictim]

Re: Threat

I have today recieved by recorded delivery a letter from the directors of the Lowell Group, saying that they have withdrawn the SD, and have no entitlement to collect the alleged debt. To me that is an open admission that they are in the wrong.

Devon and Cornwall Police would like to hear from other people who have had dealings with Lowells. Their phone number is xxxxx xxxxxx and quote log xxx of 22-02-08.

DEVON AND CORNWALL POLICE HAVE ADVISED THAT ANY COMPLAINT NEEDS TO BE MADE TO YOUR OWN LOCAL FORCE AND NOT TO THEM. PLEASE DO NOT CONTACT THEM.

[righty]

Re: Threat

It won't do any harm to advise YOUR police force that Devon & Cornwall Police are taking an interest.

At the very least it might make your police force take any complaint seriously

[Jimbo]

Re: Threat

Right you good people, this has taken a more sinister and serious trn. I have been called before the Judge at the County Courtfor Monday! Just back from holiday with 3 days to prepare. Help, wtf do I do now? Lowells have failed to produce a CCA with my signature consistently, but I believe at some time I have made payments to them whilst the original 'debt' to Capital One remains in dispute based on what they owe me for PPI, interest, late payment fees etc etc etc.
A little worried about this one to say the least.
The prospect of suing Lowells for distress is a good one though.
More pressing matters now exist.
What's the position folks? It's about £1200.
Thanks,
Jimbo.

[The Debt Star]

Re: Threat

Hi Jimbo Welcome to Legal Beagles.

First thing I would recommend is that you have a good read of our Debt & Harrassment Advice section of the DEBT & BAILIFF'S Forum.Also have a read of the different bank/credit card forums in your case Capital One where quite a few people have been succesful in reclaiming against them and will be able to give you some advice from personal experience.

I know there is quite a lot to read through but trust me , take your time , it prevents hiccups later.

Feel free to adapt this letter I sent to Fairhalsen Collections Limited regarding a debt Yorkshire Bank is chasing me for . Could you also let us know the names and addresses used of the other organisations Lowells are using. Strangely enough , a lot of the time diferent named collectors all use the same address(or a different PO Box number)

Change this letter to suit your needs if it is appropriate for your circumstances



If you could supply us a little more information Jimbo , ie . are the charges bank or credit card related description of charges , your progress so far in making your claim , what letters(whether it be templates from here or other forums) you have sent / received . All this info will help us help you and give you a better chance of getting the right advice for your circumstances.

Good letter. With regard to this excellent precedent (not for the OP) pls note that it is now the LENDING CODE not the banking code. It changed over November 2009 and the full lending Code is on the Lending Standards Board website. There are also the LSB's Regulation Rules for subscribing banks to quote to DCAs acting for banks as well.

[Amethyst]

Re: Threat

Can you bring up to date a bit in whats happened between Feb 08 and now ?

What is the court hearing for ?

Right you good people, this has taken a more sinister and serious trn. I have been called before the Judge at the County Courtfor Monday! Just back from holiday with 3 days to prepare. Help, wtf do I do now? Lowells have failed to produce a CCA with my signature consistently, but I believe at some time I have made payments to them whilst the original 'debt' to Capital One remains in dispute based on what they owe me for PPI, interest, late payment fees etc etc etc.
A little worried about this one to say the least.
The prospect of suing Lowells for distress is a good one though.
More pressing matters now exist.
What's the position folks? It's about £1200.
Thanks,
Jimbo.

[Jimbo]

Re: Threat

Hi,
Of course, there have been the occassional standard letters from Lowells on the basis we had reached deadlock. Then someone arrived and delivered a letter by hand demanding payment, threatening bankruptcy (I wasn't in) with a number to call. When I did the person was extremely rude and refused to even reveal who he was acting for or what the 'debt' related to, the letter had no address details, nothing at all to identify who it was from, so I ended up threatening injunctions and restraining orders against him and involving the police again. That was about 3 months ago.
No communication received since until this Summons for a Bankruptcy hearing scheduled for next week so I am somewhat perplexed as to my next move. Despite repeated requests Lowells have never produced a CCA with my signature on it so it is harrassment, but it has taken a far more sinister turn since I am now a Company Director and the ramifications are very serious as a result of Lowells ogoing conduct.
I'd like to take them to the cleaners frankly, but need to deal with this more pressing matter first.
Any advice folks?
Thanks.
------------------------------- merged -------------------------------
I meant to say the paperwork was delivered by hand by Lowells representative, which is a little unusual, I would have expected the summons to have been posted to me from the Court themselves. Perplexed to say the least, the hearing date is Monday....

[Amethyst]

Re: Threat

Has there been another stat demand, was the first one withdrawn/setside ? Or is this a bankruptcy petition from the original 2008 stat demand ?

What does the summons actually say ? can you scan it up ?

[TomThumb]

Re: Threat

Jimbo,

Stat demands do not come from the courts, they come from a creditor, ANYONE can download the form and get it delivered by process server thus conforming to the bankcruptcy rules.

Stat demands generally should be set aside esp. if they have been served personally imvho as this is a clear indication the creditor/dca is serious about enforcing the debt.

One word of caution...Whilst the debt is currently being disputed (I'm assuming via a s77/s78 request) the rules on whats required to meet this kind of request have changed post Carey and thus if you get the wrong judge it could be accepted to have met a s78 request and not be disputable at all (if just disputed due to s77/s78).

IF this is a hearing after the original stat demand was served over 2 years ago then you could claim an abuse of process as 2 years to take action seems excessive.

Did you check the stat demand received was filled out correct? did it have the correct court named on the demand? did it have a contact persons name? and number?

The other thing to remember is you can only be made bankrupt for anything over £750 so if you were to bring the outstanding amount below £750 then they couldnt petition your bankruptcy.

Sure you'll get more advice.

S.

[pompeyfaith]

Re: Threat

Jimbo,

What exactly do they owe you, just reading the posts I see PPI mentioned is this the case ?

What else do they owe you?

Just I,m thinking UTTCR 1999 SEC 5 Schedule 2 here which states:

Unfair Terms
5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

(b) inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;

In other words it is unfair to be chasing a consumer for a debt if the seller/supplier also owes to the consumer.

PF

[Jimbo]

Re: Threat

ok more details
------------------------------- merged -------------------------------
Top sheet relates to a Petition they claim wa served in June. All I received was a hand delivered letter stating I must call to avoid further action, which I did. The letter was not on headed paper, with no identification, and the person I spoke to, Wrigley, would not even reveal who the alledged debt was to. So this has come as a bit of a shock.
The hearing is set for 6th Septemebr.
The next doc is Petition for Failure to Comply with a Statutory Demand for Liquidation Sum Payable Immediately circa £1200
They also claim a Statutory Demand was served on 23 March which it most certainly was not. I or anybody else would not overlook such a document. I would have sought to have it set aside had they done so, as I have been fighting these scrotes off fo over three years now.
They have never produced a CCA with my signature and I hope, and need to know urgently, if that makes any Petition or Order unenforceable.
Thanks in advance, this one is bad news and I need to know what to do next folks.
------------------------------- merged -------------------------------
Also, there are nots above stating the Police have been involved with this firm, Lowells, are there any actual details available?
And lastly, I want to place a restraining order on these people, something similar to a 'Non-Molestation Order' that keeps thm in check and prevents them from contacting me, approaching my property, contacting anyone I know etc etc.
I'm minded to take the matter up now with my local police because I am running out of patience with Loewells and may end up taking matters into my own hands. The law seems utterly impotent against them.
I want to nail them to the floor through their ears.

[Jimbo]

Re: Threat

Anyone? Any advice now what I can do, must do/should do?

[TUTTSI]

Re: Threat

Hi Jimbo
I have flagged your post for some help. Someone should be with you soon.
Tutts

[Jimbo]

Re: Threat

Thank you Tuttsi.

[Guest]

Re: Threat

Have they provided a copy of the Statutory Demand they claim was served, or any proof of service?