Lowells Portfolio and BW Legal Statutory Demand / Bankruptcy Petition

[Nibbler]

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

The sanction for non compliance of a s77/8 request is that a court should not make an order enforcing the agreement. That does not prohibit the creditor starting proceedings in the first place, if you see the distinction.

You do, for example, get cases where a creditor starts a claim while in default and then produces the requisite copy documents allowing them ask the court to enter judgement.

[chris9478]

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

Thank you, Nibbler, for the explanation. I must have misunderstood what I'd read earlier... I should've know that it wouldn't be that easy to deal with!!

I messaged the solicitors saying that the library wasn't open for me to scan the documents they had requested and I'd be able to go back tomorrow... It just gave me a little extra time to try and decide on a plan of action!!

[FlamingParrot]

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?!

Lowell should have pursued this through the county court route rather than the insolvency route, they are constantly abusing the insolvency process and seem to get away with it. :mad2: :mad2: :mad2:

[PlanB]

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

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...

Ground control to Celestine. Are you receiving me. Roger Roger :director:

[chris9478]

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

Hi all...

It's been a week since I replied to the solicitors and I've not heard anything back!! Should I be worried... I really don't want them pursuing the bankruptcy proceedings

[FlamingParrot]

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

Hi all...

It's been a week since I replied to the solicitors and I've not heard anything back!! Should I be worried... I really don't want them pursuing the bankruptcy proceedings

When did you receive the SD? You have 18 days from date of service to apply for set aside.

Isn't Celestine helping you with this? :noidea:

[chris9478]

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

I did receive an SD (at the beginning of October) and stupidly ignored it. I've spoken to the solicitor at BW Legal and disputed the amount. I've filled in an I&E form and returned it with a letter disputing the amount and again requesting the CCA, T&C's and full statement of the account.

I haven't heard off Celestine

[pt2537]

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

I did receive an SD (at the beginning of October) and stupidly ignored it. I've spoken to the solicitor at BW Legal and disputed the amount. I've filled in an I&E form and returned it with a letter disputing the amount and again requesting the CCA, T&C's and full statement of the account.

I haven't heard off Celestine

ping me your details and ill see what we can do

Pop them on a PM,

[chris9478]

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

ping me your details and ill see what we can do

Pop them on a PM,

Hi... What details do you need?

[Amethyst]

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

http://www.legalbeagles.info/forums/...533#post386533

[Celestine]

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

I haven't received anything on this...by PM or email to my work?? :confused2:

[chris9478]

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

Hi Celestine... I'm sorry to keep you waiting. I've been busy with two of my children's birthdays. I also finally resolved a battle with my energy provider, which resulted in £1500 being wiped off my "arrears account"

Anyways, I'll get straight on it after the school run this morning. By the way, I've still not heard anything off BW Legal :tinysmile_hmm_t2:

[pt2537]

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

Hi Celestine... I'm sorry to keep you waiting. I've been busy with two of my children's birthdays. I also finally resolved a battle with my energy provider, which resulted in £1500 being wiped off my "arrears account"

Anyways, I'll get straight on it after the school run this morning. By the way, I've still not heard anything off BW Legal :tinysmile_hmm_t2:

If youve not applied to set aside a SD, then you wont hear anything until they serve the bankruptcy petition on you id suggest.

As i understand it, they served a demand, but you havent applied to set it aside, so you may be at risk of them petitioning for BR.

If this is the case then you will need to apply out of time for the set aside and also if a petition is recieved then a form 6.19 will need filing.