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Will Lowell issue a SD?

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  • Will Lowell issue a SD?

    My Cap 1 debt has been sold to Lowell.
    It is about 5K

    What are the chances they will go for a SD bearing in mind I am skint, have no job and no property

    An Sd would, for me, be an early christmas/birthday present all rolled into one
    Tags: None

  • #2
    Re: Will Lowell issue a SD?

    :bump2:

    Comment


    • #3
      Re: Will Lowell issue a SD?

      Statisically speaking the answer to your question is probably "Yes" you'll be happy to hear

      But they may do a Land Registry search first to see if you have a property or any assets before they will proceed to see if it's worth their while. Fingers crossed for you Jon because I'd rather Lowells paid the legal costs of this then you having to cough up £750 or so :grin: Perhaps the best way to encourage them to make you BR is to ignore all letters etc.

      But if you change your mind about BR then Kafka certainly knows how to stop Lowells in their tracks judging by this afternoon's performance :clap2:

      Comment


      • #4
        Re: Will Lowell issue a SD?

        :hail:

        Comment


        • #5
          Re: Will Lowell issue a SD?

          Originally posted by Kafka View Post
          :hail:
          I've put you on my speed dial mate hone:

          Comment


          • #6
            Re: Will Lowell issue a SD?

            If you have all the paperwork that you will need, then if they do issue a SD, then a 6.4 andf 6.5 swiftly submitted should bring them to heel.

            The case today shouldnt have been adjourned, it should have been set aside given the conduct of the opponent, the systemic failings etc, and the fact that per Hammond and Pro fit, a disputed debt should not be subject to the bankruptcy court.

            If you have a valid dispute over this which should stap the SD, then my advice would be to set out to them clearly and not in a template either, that the debt is disputed

            That will give you a nice paper trail should they issye, plus a good argument for costs
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Will Lowell issue a SD?

              Well fingers crossed.
              As the debt was ruled EN although I have my doubts (S78 may have been complied with but it was a botch up job) lets hope they don't take sod off for an answer. PT I am one of the few who would welcome a SD and I would have to compromise my principals to let them get one.

              Comment


              • #8
                Re: Will Lowell issue a SD?

                Ive got Lowells and their cronies chasing me for nearly 4 grand i sincerley hope the try to bankrupt me so far had a dozen letteres from them then red now something legal all with the same threat i never answered any letters only wish is they bankrupt me cannot see it .
                to anyone reading this i would say in my opinion that these thret monkees will never take bankrupcy proceedings against you if you have nothing look at what it would cost them to do it they rely on threats and stupid letters to try and scare people into paying,

                Comment


                • #9
                  Re: Will Lowell issue a SD?

                  Originally posted by wales01man View Post
                  Ive got Lowells and their cronies chasing me for nearly 4 grand i sincerley hope the try to bankrupt me so far had a dozen letteres from them then red now something legal all with the same threat i never answered any letters only wish is they bankrupt me cannot see it .
                  to anyone reading this i would say in my opinion that these thret monkees will never take bankrupcy proceedings against you if you have nothing look at what it would cost them to do it they rely on threats and stupid letters to try and scare people into paying,
                  Not sure thats how they work,

                  I set aside a demand where the debtor had no assets at all, negative equity in the home etc.

                  They seem to like toying with BR alot. We are seeing a large number of people getting caught by this company
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #10
                    Re: Will Lowell issue a SD?

                    Thing is, if you serve the stupid idiots with an ex parte injunction under the PHA, plus an Unless Order, they cannot withdraw and settle fast enough. Perhaps, the Leeds Losers need to go before a Circuit Judge and get what has been coming to them. If that ever happens, and I am a firm believer in Never Say Never, I can see a lot of other DCAs who use SDs as a debt collection method clearing chemists shops of their stocks of Loperamide. My gut-feeling is that it would send a chill through the management teams of DCA companies, especially if a Circuit Judge has the balls to have the likes of the Leeds Losers put on the Vexatious Litigants List.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Will Lowell issue a SD?

                      Originally posted by bluebottle View Post
                      Thing is, if you serve the stupid idiots with an ex parte injunction under the PHA, plus an Unless Order, they cannot withdraw and settle fast enough. Perhaps, the Leeds Losers need to go before a Circuit Judge and get what has been coming to them. If that ever happens, and I am a firm believer in Never Say Never, I can see a lot of other DCAs who use SDs as a debt collection method clearing chemists shops of their stocks of Loperamide. My gut-feeling is that it would send a chill through the management teams of DCA companies, especially if a Circuit Judge has the balls to have the likes of the Leeds Losers put on the Vexatious Litigants List.
                      lots of ifs there though,
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #12
                        Re: Will Lowell issue a SD?

                        Someone has served Lowells with the legal instruments mentioned and they couldn't settle the matter fast enough. It appears Lowells' senior management haven't the balls to appear before a court and explain their behaviour to a judge, hence, why they settled PDQ when served with an ex parte injunction and Unless Order. It only needs people to stand up to these parasites and push them into a corner where their only means of escape is to back down and leave the person alone. The other thing that is needed is to give the OFT or the forthcoming replacement for the Financial Services Authority the power to intervene a lot quicker and hit DCAs with eye-watering financial penalties as the ICO has the power to do. In the case of the ICO, the maximum penalty is £500,000. Imagine Lowells or other DCAs copping a few financial penalties of that magnitude. It would soon make them toe the line as just two £500,000 penalties would take a sizeable chunk out of their profits.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Will Lowell issue a SD?

                          Having had between us over 200 letters from these debt collectors and their legal buddies we have only had 2 take action a ccj we each have one of which has never been paid one paying at only 4 a month as stupid as the others may be i expect they have seen we have no property and assets and over 80k in debts if either of us is made bankrupt by any off them we will celebrate cant see that though.
                          im sure if we had a property with equity they may do it

                          Comment


                          • #14
                            Re: Will Lowell issue a SD?

                            The silly thing is if Lowells went for a CCJ followed by a CO they would be in a better position (a secured debt payable in full on the sale of the property) because they wouldn't have to 'share' the debtor's assets with all your other creditors as would be the case with BR and end up with a pittance :doh:

                            Comment


                            • #15
                              Re: Will Lowell issue a SD?

                              A ccj and a CO would cost them money a letter is pennies maybe thats why they just write ?

                              Comment

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