Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

[chris9478]

Hi everyone,

I have a problem with Lowells and BW Legal which I'm hoping someone will be able to advise me on.

I have a large amount of debt which I have been dealing with for many years (or so it seems!!). One of which was passed to Lowells over three years ago. I have always disputed the amount of this debt with them. In August 2012 I wrote to the asking for a copy of the original credit agreement, terms and conditions and full transaction history on the account. They replied that Shop Direct were searching their archives for this information and my account had been put on hold until it became available. In January 2013 I received a letter from Shop Direct saying they had passed my account to Lowells and all contact should be made to them. I again sent my letter asking for the info as above. I didn't not receive a reply.

At the beginning of October I received a Statutory Demand from BW Legal. Not realising (or understanding) the importance of this I stupidly ignored it. I then received a letter about a bankrupty petition from BW. I rang the solicitors and explained that I do not acknowledge the debt and reiterated to him my request for the above information. He replied that I am obviously acknowledging the debt because I called him upon receipt of this letter. He has sent me and Income and Expenditure sheet which he has informed me needs to be sent back within 7 days or he will file for bankruptcy.

I have no problem with paying this debt, which I believe to be £1000 not the £3500 that they're demanding. I am prepared to make a repayment proposal of £20 per month which is what I can afford.

I am a single mother with four children under the aged of 10. I got made redundant last year and am currently living on benefits.

I believe the account was originally opened online about eight years ago and I have made any payments towards it for at least four years. I don't want to be made bankrupt!!

Could anyone suggest how I proceed with this?

[Inca]

Re: Lowells Portfolio and BW Legal

Oh ,,Lowells are busy little bods lately . You will get great advice on here,,just not from me cos I'm hopeless,,I just do the 'meet n greet' bit so hold on hun

[chris9478]

Re: Lowells Portfolio and BW Legal

Thanks for the reply!! I really hope someone can point me in the right direction!!

Lowell's are vile... I feel like I've been doing a dance with them for years; just going round in circles!!

I really would like to screw them on this because they are so nasty but morally I have to pay; but just the £1000 that I believe I owe!!

[Amethyst]

Re: Lowells Portfolio and BW Legal

Hiya, Celestine is very good dealing with Stat Demands and although she's pretty tied up over the weekend I'm sure she will look in later for you, and we've let her know about your thread.

Four children under 10 as a single mum must be extraordinarily time consuming, I had 3 under 10 when I was a single mum and was on benefits and if it wasn't for the support on this site I would surely have sunk under the stress of it all, so I completely understand you ignoring the Stat Demand, though up to that point you sound like you had stayed on top of things. It sounds like they have no paperwork on the account and had you applied for a set aside of the SD you would more than likely have succeeded.

You may be able to get it overturned now but that is Celestine's area of expertise and she will be able to advise you better, so hang fire a little bit, and try not to worry.

Once we get this one sorted it might be a good idea to sit down and go through all your other debts so we can help you get back on top of things.

Do you own your home ?

Sharon
xxxx

[Inca]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

_{Thanks Ame hun x}

[Inca]

Re: Lowells Portfolio and BW Legal

Nothings so bad that it's insurmountable Chris and I totally agree with Sharon,stick around and you will find a whole forum full of help.We've all had problems one way or another and you will be amazed at how much a friendly forum like LB can make a difference.

[chris9478]

Re: Lowells Portfolio and BW Legal

Hiya... Thank you for taking the time to reply, both of you!!

i really appreciate you passing this on to Celestine... Fingers crossed she can help!!

Sharon, four children is incredibly time consuming but massive amounts of fun too. The benefits things is not something I enjoy but after my redundancy I've really struggled to find work that would fit around the kids and be financially worthwhile doing after nursery cost so needs must :0/

Technically, I do own a house. It was purchased with my ex-husband and there is still an outstanding mortgage; which I am a joint owner on. When we separated he wouldn't move out of the property, so I did with the children. This was over three years ago. I have told him (and the mortgage company) that I have no interest in the house. He now lives there with his partner, her two children and their 18mth old child. There is only about £20K equity in the house. I haven't contributed to the mortgage or maintenance on the property since I left. I live in rented accommodation.

This is is partly why I don't want the bankruptcy. I promised him I wouldn't screw him on the house and I think he'd be made to sell the house. Plus, he needs he house as somewhere for our children to visit him.

I have to return the I&E on Monday to be with the 7 days that they gave me. Shall I do this with the proposal for £20 a month payment whilst applying to have the SD overturned?

I do have a debt of 18K+ owing to HSBC but they are far more reasonable than Lowell's and there solicitors!! A lot of my other debt has been written off due to the creditors being unable to provide CCA.

[pt2537]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

As long as there is no actual bankruptcy, then they can be dealt with fairly easily id guess.

[Amethyst]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Chris, If you can hang fire until tonight when Celestine will be able to take a look, then we can work out your next steps.

Your situation sounds so familiar - my ex husband wouldn't move out either so I moved, with the 3 little'uns, to rented accomodation. Until we sold the house in 2010 he lived there and then moved to rented with his girlfriend, and now new baby, and we split the house equity between us on sale. Completely with you on finding a job that fits in with the kids school/nursery hours, or pays enough to warrant childcare outside those hours. The benefit system unfortunately traps you into a strange place where you want to work but would end up working for basically nothing extra a week than what you get with benefits.

Are you getting Housing Benefit etc ? I had problems claiming anything because of the joint ownership of the house (we had about 40k equity at that point) and the DWP saw that as 'savings' which took me over the limits so I only had basic Income Support and Child Tax Credits - nothing for help with Rent and COuncil Tax. And at that point my husband wasn't paying any child maintenance either so it was tough.

Anyway probably shouldn't go too far off subject on this thread, but if you want to go through any other bits and bobs (like the 18k HSBC and 'written off' debts due to CCA) then we're happy to help

Sharon
xx

[chris9478]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi Sharon,

My ex wants to keep the house but can't pay me a lump sum for my share of the equity. He pays me £100 a month towards it. I don't want him forced to sell the house if this goes the way I fear it will... Bankruptcy.

After an external valuation on the house and consideration that I hadn't lived in it for so long and his second family being there; I do get full housing benefit. My local authority works on a "Housing Allowance" which gives me £504 a month towards my rent of £650 so I have to pay the difference out of tax credits. I end up with £40 a month available after all my expenses at covered each month. I do receive maintenance of the ex though.

My other debts aren't that bothersome at the minute because I haven't heard off then for at least six months. It's this one that's stressing me. The time constraints and my lack off understanding of it all is stopping me sleeping. I worry that the solicitors will see that I don't have a lot of money to play with and think that bankruptcy is the way to go... It's just so thought consuming; I can't seem to switch it off!!

[chris9478]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi, I'm due to reply to the solicitors today, can anybody advise if I'm doing the right thing in disputing the amount owed to the solicitors whilst offering a monthly payment of £20 and trying to get the Statutory Demand overturned??

[FlamingParrot]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi, I'm due to reply to the solicitors today, can anybody advise if I'm doing the right thing in disputing the amount owed to the solicitors whilst offering a monthly payment of £20 and trying to get the Statutory Demand overturned??

Have you got in touch with Celestine? I'd wait for her input before doing anything. :thumb:

Hold fire, I've sent her a PM.

[PlanB]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi, I'm due to reply to the solicitors today, can anybody advise if I'm doing the right thing in disputing the amount owed to the solicitors whilst offering a monthly payment of £20 and trying to get the Statutory Demand overturned??

:bump2::bump2:

[chris9478]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi FlamingParrot!!

Amethyst advised Celestine of my thread when I first posted and let me know that she's busy on a weekend. I've not heard anything and am quite concerned that the solicitors will go to court for bankruptcy if I don't reply today...

Thanks for PM'ing her again

[chris9478]

Re: Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

Hi all,

Am I right in thinking that Lowell's shouldn't have been able to pursue this debt through legal avenues seeing as they hadn't provided the CCA?!