Help please From the one and only Lowell!!!!!

[stavross]

Hi very new to all this but will try and explain
Just over 4 years ago wife had a Credt card debt of over £1000 with capitol One.I payed a payments of £400 then a £ 200 maybe more!!!! then wife went into hospital due to illness debt was forgotten about as low priority at the time I lost my job shortly after so debt was least priority.Until lowell Portfolio got hold of it just under 2 years ago trying to get my wife to pay they claimed we owed £988 we were sure it was lower ignored the letters that followed.Untill The Statutory Demand came hand posted thrugh the door for BANKRUPCY the day or 2 before a card was posted saying please contact as a matter of urgency of course I did(Wish I never lol) Anyway quickly joining this great forum sent a CCA and then went to the courts to set aside got the forms wife filled them in with my help of this forum we had a week left thought we made it only for the courts to return it saying some date off the set aside was missing and something else was'nt right it is now over the 18days and to set aside know would cost £45.
But currently lowell have not got anything on the CCA side as they wrote saying they was still looking into it but still persuing the action of a CCJ which was confusing as I thought it was a bankrupcy its been over 4 weeks since requesting CCA nothing yet do we still try and get it set aside or is it to late also we have no records as with a different bank that have gone under and sent SAR to capitol One nothing yet.
Sorry for long winded as first post and still not sure what I'am doing any help as I feel we are running out of time so have not posted all relevant paper work here yet..........Oh yes we do have a morgage and asets also I work wife doesn't if this helps or maybe not!!!!!
Please any help would be great as both panicing Many thanks for any help in advance

[bluebottle]

Re: Help please From the one and only Lowell!!!!!

Hi Stavross and welcome to Legal Beagles.

Lowells are notorious for waving Statutory Demands around like confetti. It is against OFT Debt Collection Guidelines. Check to see if they have acted in accordance with court instructions. If they haven't, they are in serious trouble. The fact that they cannot produce a CCA tends to make me think they won't be able to and I would go ahead with set aside.

However, they are other LB members who are more familiar with SDs than I am and one should be along later.

[stavross]

Re: Help please From the one and only Lowell!!!!!

Hi Stavross and welcome to Legal Beagles.

Lowells are notorious for waving Statutory Demands around like confetti. It is against OFT Debt Collection Guidelines. Check to see if they have acted in accordance with court instructions. If they haven't, they are in serious trouble. The fact that they cannot produce a CCA tends to make me think they won't be able to and I would go ahead with set aside.

However, they are other LB members who are more familiar with SDs than I am and one should be along later.

Thank you bluebottle fo your help
I have already tried to set aside but was returned by the courts a week later stating it was missing info and now must pay £45 as out of time past the 18 days is it worth paying for a set aside as it is out of time?????
Many thanks to all

[bluebottle]

Re: Help please From the one and only Lowell!!!!!

Hi Stavross,

I'm going to ask one of our more learned members to take a look at this thread and give their opinion.

BB

[stevejay]

Re: Help please From the one and only Lowell!!!!!

Stavross. I am having similar problems with lowell. This company can be intimidating but stand your ground. Only the courts can issue Statutory demands as far as I am aware. No persons can enforce the law by means of breaking the law. Stevejay.

[stavross]

Re: Help please From the one and only Lowell!!!!!

Hi to all......
Lowell have now found my wifes copy of here credit card agreement (took 3 months though)nothing else it seems do I know worry or do they need further proof of amount.....ect....as requested by the original letter of prove it??????
Any help would be much apriciated.......
Thanks in advance

Stavross:tinysmile_cry_t:

[miliitant]

Re: Help please From the one and only Lowell!!!!!

well they would now have to issue another stat demand as the old one has expired
their will be added penalty fees to claim back which would be a reason to set aside any future stat demand application

is it the agreement or a manufactured copy of the agreement lowell have sent you

[stavross]

Re: Help please From the one and only Lowell!!!!!

well they would now have to issue another stat demand as the old one has expired
their will be added penalty fees to claim back which would be a reason to set aside any future stat demand application

is it the agreement or a manufactured copy of the agreement lowell have sent you

Thanks for the reply millitant it's a photo copy of the original..........and we are also disputing the amount should I send them a letter for proof of amount??????
Many thanks again

[stavross]

Re: Help please From the one and only Lowell!!!!!

Some more advice please...........
Was thinking of sending them a letter to say the amount is in dispute (which it is)anyone know or guess lowlifes next move?????will they try and go back down the route of statutory demand or payment demands.......Any help much apreciated
Steve-....Stavross

[tigereye]

Re: Help please From the one and only Lowell!!!!!

Yes, I would definetly send them a letter asking to prove the amount you owe. Start the letter saying that you dispute the amount requested and that they'll need to provide proof (i.e. statements, ect..) of the amount they are claiming from you. :tinysmile_kiss_t4: