Lowells and Statutory Demand threats

[Bennysonic]

Hi Everyone

I have a long running disagreement with Shop Direct over £350 worth of goods bought and sent back due to size / style issues and to cut a long story short Shop Direct denied they were received and so defaulted the account.

So, Lowell's got involved and it seems they have bought the debt (probably for about tuppence in the pound) and are chasing like rabid terriers.

The latest letter threatens the visit of a process server, delivery of a Statutory Demand and then, to use their exact wording from the letter '...Lowell may then petition the court for your bankruptcy...'

Part of me thinks this is over posturing on their part but I have heard stories about Lowell's on this and other forums as to their nasty and vindictive nature.

Can they petition for bankruptcy for such a small amount? Does anyone have knowledge of the law on this issue? Also, I would be very grateful for any advice as to my next move.

Many thanks.

[CleverClogs]

Re: Lowells and Statutory Demand threats

Can they petition for bankruptcy for such a small amount?

No.

Does anyone have knowledge of the law on this issue?

If Lowells really think that someone can be bankrupted for an alleged debt under £750, then it would appear that almost anyone knows more about the law than those jerks.

Also, I would be very grateful for any advice as to my next move.

Report the oafs to your local Trading Standards department.

[bluebottle]

Re: Lowells and Statutory Demand threats

And OFT Credit Fitness Team. If you can, scan the letters and attach to the email you send to OFT Credit Fitness Team. I am attaching two documents to this post which should help you make your complaint to OFT.

Tips

1.Copy your email to OFT to Trading Standards. Saves a lot of typing and TS then know just how bad a DCA is/has been.
2. List breaches of OFT Debt Collection Guidelines in your complaint. The more the better as this shows OFT/TS just how non-compliant the DCA is/has been.

Lowells have recently had a sound spanking over their use of SDs as a means of debt collection. Also, the courts and judges are well cheesed-off with them doing it.

[jon1965]

Re: Lowells and Statutory Demand threats

Hi
You say it is over £350 worth of goods however....

How much do they say you owe?

Do you have any proof that the goods were returned such as a proof of posting?

When was the account first opened?

Finally on a selfish note, please leave lowell alone until they have issued the SD to me and made me BR ( Seriously though...sock it to em)

[wales01man]

Re: Lowells and Statutory Demand threats

Jon
Youre behind me in the queue for lowell to make someone bankrupt,I keep praying but to no avail now the threatograms have stopped
LOL

[Bennysonic]

Re: Lowells and Statutory Demand threats

Hi
You say it is over £350 worth of goods however....

How much do they say you owe?

Do you have any proof that the goods were returned such as a proof of posting?

When was the account first opened?

Finally on a selfish note, please leave lowell alone until they have issued the SD to me and made me BR ( Seriously though...sock it to em)

Hi Jon 1969. The dispute is over £350. The amount to date totals £350 so it really is a small figure.

Unfortunately there was a house move around the time and although I have a receipt for the postage I paid I have no returns receipt documentation.

The account was opened September 2011 so it snowballed quite quickly - I think Shop Direct have a no debt holding policy and so cut it surgically as quickly as it becomes disputed.

Thanks for your help

[FlamingParrot]

Re: Lowells and Statutory Demand threats

I would second BB's suggestion to complain! Lowlifes are clearly using template letters without even bothering to choose the right one for each case, :mad2: they are so used to using SDs and BR threats as their favoured debt collection tool, they don't even bother to look at the amounts! £350 is less than half the BR threshold and even if it was, in fact, £750, it would cost them more than that to petition someone's BR!

Sadly many people out there don't know all this and will be easily intimidated by such threats, they have to stop! :rant:

[CleverClogs]

Re: Lowells and Statutory Demand threats

If the Office of Faffing and Twaddling bothered to do anything to Lowells, they'd only do with them what they did with 1st Credit in 2009 - link

[jon1965]

Re: Lowells and Statutory Demand threats

Benny, thank you for the clarification. You really should complain.
I only asked the questions to get the whole picture....
Of course one way to slow them down would be to send a CCA request, I realise that so long as they produce one however bad it will still be enforceable however there is a chance that they will send some rot with your new address on that will not be a proper response. I stand to be corrected but if they did you could have fun with them if they ever tried enforcement.

I know that after my (ex)wife died I asked to see copies of the credit agreements and the ones that came back were written out to the address she had moved to 10 months before her death

[bluebottle]

Re: Lowells and Statutory Demand threats

If the Office of Faffing and Twaddling bothered to do anything to Lowells, they'd only do with them what they did with 1st Credit in 2009 - link

If Lowells overuse SDs and/or use them inappropriately and/or in contravention of the law relating to SDs, I would be looking at whether Lowells should have their access to the legal system severely restricted.

[CleverClogs]

Re: Lowells and Statutory Demand threats

Of course one way to slow them down would be to send a CCA request, I realise that so long as they produce one however bad it will still be enforceable however there is a chance that they will send some rot with your new address on that will not be a proper response. I stand to be corrected but if they did you could have fun with them if they ever tried enforcement.

Why bother trying to slow down those idiots?
Do you suppose they could successfully petition for bankruptcy over an alleged debt of £350?

As regards the s78 request, one should remember two details:

1. The original creditor was Shop Direct, which is hardly known for compliance with the Consumer Credit Act 1974.
2. The alleged debt is now owned by Lowells.

I know that after my (ex)wife died I asked to see copies of the credit agreements and the ones that came back were written out to the address she had moved to 10 months before her death

It would have been more fun if they bore the address to which she'd moved after her death.

[CleverClogs]

Re: Lowells and Statutory Demand threats

If Lowells overuse SDs and/or use them inappropriately and/or in contravention of the law relating to SDs, I would be looking at whether Lowells should have their access to the legal system severely restricted.

I'd like to see their access to oxygen severely restricted. msl:

[bluebottle]

Re: Lowells and Statutory Demand threats

I'd like to see their access to oxygen severely restricted. msl:

Wouldn't we all, CC! msl:

[TUTTSI]

Re: Lowells and Statutory Demand threats

Lowells bless lost to one of our members just this week because they could not supply documents which were requested by the Judge. Consequently, they are now in for hefty lawyers bill probably more than what the debt was for.

They issue these stat demands willy nilly without even thinking or understanding what they need to... a) to prove the debt exists and b) that the amount due is under the threshold of £750. Really it is simple stuff and they should be prepared if they are going to issue SD's take more care when doing so. If they do issue a SD it is a fruitless exercise as others have already said the debt has to be over £750 so IMHO it is an abuse of process and a complete waste of time and hope that if they did something as stupid as that a complaint made to the fitness team at the OFT would be 100% in order.

[Roy Clayton]

Re: Lowells and Statutory Demand threats

I am with you CleverClogs. Lowell just dont know the laws that govern their industry, that was confirmed to Lowell's Director of Compliance when I slapped Lowells backsides in the Appeal court. The Circuit Judge told the Director that I clearly understood the LOP Sections 136 and 196 better than he did. I had to control a big belly laugh although I did emit an inadvertent snort. Has anyone out there ever managed to get Lowell to comply with requests for data under DPA or CPR on time? How many people have ever managed to get their CCA agreements, copies of default notices and why are there so many who have never received an assignment notice? The OFT Fitness Team lose credibility and reputation the longer they sit on their hands and fail to take action so its hard to keep the faith that justice will be served. How can there not be a conflict when a Director for the CSA can also work for Lowell? Its more media exposure we need.