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Found 37 results

  1. Hi all. I am new here however, I really need a qualified advice. I received a statutory demand on 13/01 this year. However in the email they are stating this was served on 21/12/2015/ Even I moved house I was regularly visiting my old address and no letter was delivered. The statutory demand is served on my based on judgement from foreign EU country. I was not present on the hearing (I did not know about it) but a representative was pointed to represent me. I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44. I would like to apply statutory demand to set aside but I am not clear about my grounds. On the form 6.5 is stated: © Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside (1) “Do not admit the debt because…” [here state grounds] or (2) “Admit the debt but not that it is payable immediately” [state reason], or (3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or (4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …” [state nature of satisfaction], or (5) “Say that the debt is a secured debt” [give full details of security and its value], or (6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I © (7) “Say that execution on the Judgment of the Court has been stayed” [give details], or (8) “Say that the Demand does not comply with the Insolvency Rules in that ………” [state reason] I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country. Any help, advice will be much appreciated. Many thanks
  2. Hi All, I have a utility debt of £1500 which I owe. It is an annual bill that has mounted up (about £250 a year). I believe some of it may be statute barred. I'm also unsure as to how I owe so much - I thought it was more like £1000. However, sequence of events: Debt collection company letters start to arrive. I write to advise that I will pay £150 per month but in the meantime I am contacting the utility company to establish the full detail of the debt as I dispute the amount. I am late on my first £150 payment - I can pay in a week (I'm a week later than I said I would be) I have not heard from the utility company yet. Today I get a letter saying that if I do not pay in full immediately then a process server will visit in 5 days with a stat demand. It is a water bill. Not sure what to do. Limelight.
  3. Hello, I hope someone can help me. My Partners company has had a statutory demand issued against it. We want to apply for an injunction restraining them from presenting a winding up order but do not know how to go about this/ what forms are needed. There is a lot of advice on the net for individuals but not for companies and the process is different. Any advice would be appreciated.
  4. Apologies, posting as a general question to as many people as can see this. As the OFT is closing end of March and handing over to FCA, I am not sure on their deadline, but I gather they were collating a list of priority matters to deal with for the FCA to continue CCA based work. I am very anxious that so many people here are dealing with similar bad behaviours from the leading debt collection agencies or purchasers, such as Statutory Demand, Bankruptcy, Court including in their absence, all the harassment cases etc. I am also a victim. I wondered if everyone felt the same, to make a last minute surge on complaints, obviously individuals have to do their own, but for example if a whole pile of letters/emails landed NOW on the same type of complaint re. the well known problematic DCAs then as a mass, they are likely to be passed on and may become the next priority. Clearly some need licences revoked NOW as they seem to be getting heavier, especially on Statutory Demands and ARE using the bankruptcy route, but obviously any Court action that is being upheld by judges isn't good. Not that anyone has to take notice of little me...but it is simply even an email, write a line saying you give permission for them to collate the info to assist in their investigations, they only reply to confirm, nothing else, but if you think about it, one trio debt collection company group has now been pulled up, so some of the others most definitely need to be. Thanks
  5. I have today received a Statutory Demand for a debt totaling just over £3,800, which comprises original debt + £399.00 debt recovery costs.. The original debt relates to a Funeral Service, the original creditor is the Funeral Directors, the stat demand is issued on behalf of them by Redwood Collections Ltd, Croydon. Now I know I owe this debt, I buried my mother 18 months ago and buried my head in the sand with grieving and depression. So now it really has come to bite me in the ****. Just before my mother passed, she was paying off the funeral of her second husband (not my father), I do believe the balance that was remaining on that when she died has also been put onto my debt, but would have to confirm that when I find all the paper work. I am on Employment Support Allowance and receive around £60 p/w. What can I do now? Does anyone have any advice? Thanks in advance. If this is in the wrong place, then please accept my apologies and move. thepalace1
  6. Someone has just personally delivered a Statutory Notice from a law firm acting for Lowell Portfolio, so I know I have 18 days from today. Not sure when that takes me to - is it working days or calendar days? The form states the original creditor is Equidebt who I am fairly sure I have never taken out any credit cards or loans with. So I think they bought the debt themselves. I don't recognise the actual amount stated (I have an old Experian report from June 2009) so I'm guessing there may be charges added on. The default date stated is 13 October 2008 and I don't recognise that either. I see from other cases that I should submit a form requesting details of the debt and copies of anything I might have signed. I presume I send that to the law firm, to Lowell and to Equidebt? I have addresses for the law firm and Lowell, but not for Equidebt although the paperwork does give and "original account number" from them. Do I contact anyone and say anything else in the meantime? I think I'm going to need step-by-step guidance here! Anyone up for it? I've looked round the site and read as much as I can. Sad to see this is a common problem and embarrassed to post this as a new thread but done so as everyone's case is slightly different and it's no good me following good advice for someone else if it is not relevant to me! Hope I've posted this in the right place.
  7. I today received a SD from BW legal in regards to a HBOS Credit Card which I defaulted on 2009. The letter it self was delivered via normal mail They are asking for 9.4 K even though the amount outstanding on the card was 8k (so I guess they have added fees and late payment charges along with interest) I have read through the article about SD via post and was wondering what my next steps should be I assume 1 should be to to fill the form asking the court to set-aside the SD and after that what else should I do ?
  8. Hello Guys, I am new toi CAG but I have been servered with SD just yesterday by PS on behalf of BW Legal/Lowell. They are calims I owe them a debt of over 10k from two HBOS credit card debts (combined). I use the HBOS card is the past but not any more and as far as I can remenber have paid all the balance has all been paid but they are claiming the is a debt and I am in default so they have now bought the debt from HBOS and demanding a claims asap as they will bunkrupt me and sell my house. to make sure they have proof of the debt.I dont think I owe them any debt and have told in writting via the CCA that I am in dispute of their claim. Now I have 18 days to set aside the SD and need help from you guys. I have been told there good advisers on this CAG forum so please help. I need to write a witness statement to dispute the claims before the dealine but I have not done one before. Do I need A lawyer to do this for me ? thanks guys if can help.
  9. I received a hand delivered SD on Monday from BW legal in respect of a debt to HBOS for an overdraft of £5k. It dates to 2009 when I was made redundant, I was also moving home at the time and despite notifying them of my new address, a lot of the paperwork was lost between the 2 houses and my notoriously poor record keeping. I got in touch with National Debtline and filled in the income expenditure forms and sent them off to my creditors along with a begging letter appealing to their better nature(you live and learn). As I had only dole to survive on at the time I couldn't offer more than a token payment which was rejected out of hand. I was lurking this site at the time find a course of action and so i sent them a cca request (along with the fee) which they ignored but cashed the postal order(i still have the receipt and cca request). After the 14 day time limit, I sent off the `account in dispute` letter also ignored(they were posted to the branch's mailbox by hand, by me, so I know they received them and a few weeks later received a default notice. So that and the odd statement were all the communication I ever had off them. I ignored all the threats since and it did go quiet for a couple of years but in may it started again, I just thought it was more of the same until the SD was delivered.
  10. Hi everyone, I'm looking for some urgent guidance if anyone is able, I had a Statutory Demand delivered at around 7pm tonight by a man in a flannel tracksuit. When I asked who he was he said he had been asked to hand deliver a Statutory Demand on behalf of BW Legal. He said that he was a 'courier' though I pointed out he had no ID or uniform (he was basically a bloke off the street by the look of him). Not knowing what the envelope was i refused to take it. He then said that BWlegal told him if i couldn't/wouldn't take the envelope he should still just leave it on the floor inside the door, which he quickly did before i could close the door. To my mind this is not 'hand delivered' so in no way properly served but please correct me if I'm wrong. The envelope just had my name and 'private' scribbled on it, otherwise just a white envelope, no other markings at all, very nondescript. Inside were 6 pages all stapled together in one document which included: - 2 page letter dated 24th September 2013 10 days ago (outlining the SD and threatening a bankruptcy petition) - 4 page SD The SD is for a 2003 Lloyds credit Card Account that has been in dispute since April 2009. I sent in my CCA at the time, got no signed agreement back so sent an in dispute letter. Then a month later I received a 'we've found it now' letter with a copy of the signed agreement with a page of partial terms which did not include all the clauses referred to in the agreement. That being the case i left it thinking still in dispute and never SAR'd Lloyds. Thereafter Lloyds chased repeatedly over the last 3 years, engaged DCAs to chase and eventually sold the debt to Lowell in July this year. Since then I had 3 chase up letters from Lowell then this. I will scan and post the docs but can anyone help me with some burning questions: - I have 7-8 days left of the 18 I'm supposed to have and tomorrow is Friday, what is the first thing I should do immediately?? - not truly hand delivered = not legal service of documents?? - deliberate 10 day delay in delivery something I can use against them? - What is the prescribed format for a statutory demand? - Any usual arguments to set aside SDs? - Signed agreement with unrelated/incomplete terms = defence? - Can I change the 'Appropriate Court for Setting Aside Demand' if it is not my most local court? - Should I send any CCAs or SARs to Lloyds/Lowell/BWLegal? :?: Thanks everyone I hope you can help. Cheers, GF2k
  11. I am new on here, (registered last night) and hoping that somebody can offer me some advice. Some history first to see where I am coming from. Since 1996 I had banked with Lloyds TSB, I was self employed and in 2005 started experiencing financial difficulties which resulted in me taking on their credit card. The situation got so bad that I ceased self employment but had 2 bank accounts and the credit card which they all defaulted me on. After some reading on here I realised that the bank charges and "late" payments on the credit card could be challenged and started to do so by the following. Served them with a SAR notice covering all accounts, twice as they never complied with the first one Served them with a Data Protection Notice This did cause them to hawk these "debts" to most of the DCA's, which were usually dealt with by ignoring them, and if a second letter arrived then sending a letter asking for an original copy of the terms and conditions. However it seems that the de-merger of Lloyds TSB has changed their mindset, leading me to my current predicament. I think that I urgently need help with the credit card element, they have a debt figure of £3211.36 On 23rd July Lloyds TSB wrote me to say that they were assigning the debt to Lowell on 24th June, and advising me that "I am contractually obliged to please" contact Lowell. However this account was still in dispute with them. On 22nd July Lowell wrote to me for the first time with the opening line of "your debt is still outstanding" On 23rd July Lowell, wrote to me advising that they were the account owners and "before selling your account to us, Lloyds checked and found no reason why this should remain unpaid". Unfortunately, as I had received 2 letters from them on subsequent days I opted to ignore these. On 5th September they wrote again with the same paragraph of 22nd July. I admit that I did not read further, if I had then I would have read the paragraph "Assessing your credit file" where they stated that they had obtained a copy of my credit file and could see that I am a homeowner (Joint mortgage with my wife, in year 6 of an IVA as we could not remortgage for a yr 5 settlement) On 16th September, they wrote their last letter saying that they had tried on a number of occasions to resolve this matter, and as I had not provided a genuine reason why I had not contacted them that they would instruct BW legal or another firm to contact me. This as where I made my fatal mistake, having received threatbots from other DCA's working on Lloyds behalf (Moorcroft, Apex, IQor to name a few) I totally ignored this. Yesterday I returned home from work to find a scrap of paper which had been pushed through my door from a process server working for BW Legal. Last night I did the following Found this site, read lots of posts,registered on here, so that I can post. Completed an information handling complaint to the Office of the Information Commissioner 1.10 am this morning Requested a "true copy" of the credit agreement, in accordance with s77/78 of the consumer credit act 1974. This was sent via e-mail to Lowell and cc'd to the e-mail address on BW Legal's site. 8.08 am this morning Tonight at 7.11 pm the process server turned up again, and served me with the documents. Although on reading them I notice 2 worrying things The paperwork is dated 25th September They have my name wrong, they have my correct first name, then a middle initial which is the same letter that my forename starts with ( I have no middle name), the surname is correct. So I know that I have had use of a credit card, but am frustrated by the following I only used it to buy essentials, as I could not use my current account due to the bank charges levied on it, which despite requests, Lloyds have never paid back. They (Lloyds) have never complied with a SARN, which would allow me to see if all charges applied were relevant. (Some were for payments made in branch before my due date not hitting the account until after it) They have not complied with a Data Protection Notice on my accounts with them. I am fearful that they will also use the same tactics for the current account details they hold. I know that I will need to defend this, within 18 days How do I do this. Does the 18 days start today, tomorrow as the document was served at 7pm, or on the 25th September as the SD is dated on that date Sorry for the ramble, hope that all information is there, thanks in advance for any help.
  12. Evening all, I'm looking for general advise on my debt situation This may be a long and winding post so please bear with me. I won't bore you all with the details of why my finances got into a mess but suffice to say that losing my job at the end of 2009 led to me defaulting on a number of credit agreements. Despite writing to all the companies in question, asking them to stop adding charges and also to accept a minimal payment I was singly ignored by one and all. I ended up with 2 CCJ's, one for a large loan which I pay at £50.00 per month and 1 for a credit card which I pay at £1.00 per month. In addition I had a number of other credit cards and loans - I guess like many I was borrowing from Peter to pay Paul until the bottom fell out of my world. For the last few years I've been treating demands for payment with the same respect they treated my offers - I've simply ignored them. I am now working and though far from flush I probably could make payments to my creditors with a view to clearing my debt over the next few years. If I ignore those items that are already subject to CCJ's I think my total debt is around £7000.00 - the stat demand relates to a debt of 1600.00. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. I don't want to be made bankrupt and more generally would you advise that I contact all my creditors with an offer, even though each will probably only be offered around £20 to £30 a month - and if I should are there some standard letter templates that can be used to make these offers? Sorry for such a long post - looking forward to hearing your opinions and advice
  13. Evening all, I'm looking for advise on a statutory demand. Today I have had a letter through the door saying they have tried to serve a sta demand and will return on the 3rd Of October to attempt again, saying if I'm not in (which I won't be because I will be at work) they will post it and class this as served. Now I'm not sure what I should do next. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. what should I do about the stat demand,
  14. I received a statutory demand from BW legal in February 2013 that was posted through my door. They said in the letter that they had tried to serve the demand on a few occasions but I was not in so they pushed it through my door. Based on the advice I read on this forum I decided to try and have it set aside based on the following reasons: 1. The claimant had failed to provide a copy of the original agreement. 2. The claimant had failed to provide copies of any valid default notices. 3. The claimant had failed to serve a Notice of Assignment. 4. The claimant had failed to provide any statements for the duration of the disputed agreement. I also sent a CPR 31.14 Request to BW Legal, SAR to MBNA and a CCA to The Lowell Group. I attended court in March and the Judge decided to allow BW legal a further 28 days to get the paper work together to assist in their case. The 28 days went by and BW Legal had not provided the court or me with the paper work ( any of the 4 points above). I sent a letter to the court making them aware that BW legal had failed to comply with the order and requested the matter to be set aside. A week later I got a letter from the court stating that BW Legal had another 7 days to get the paper work over to me or the case would be closed. On the seventh day the paper work arrived with their new witness statement. They have sent me a copy of an agreement that looks like it could be for anything, it has my name and address on it but I have not signed it and it does not say exactly what it is for. It gives financial info etc. How would I know if this is a genuine agreement and if it’s acceptable? They have also sent what they say is a Notice of Assignment, I’m not sure if and how I know if this is a true and acceptable Notice of Assignment? They have send several copies of letters stating that I owe them money and I can get the amount reduced if I make them an offer. They have sent statements over a 5 year period but a lot are missing, one full years statements are missing and a few months are missing from most of the other years so it’s impossible to see how I have come to owe this exact amount as the expenditure is missing! These is also a lot of interest and late payment charges. Please can anyone help me as I have to respond with my second witness statement this week. What should I do now? Many thanks
  15. Hi All, below is brief summary of current issue: 1. BW legal issued statutory demand for lowell (ex barclays (OC), Morgan Stanley) 2. I applied for set aside 3. Court wrote and set hearing for BW to provide original signed agreement, statements, notice of assignment(NOA) and letters they had sent 4. BW turned up without the agreement but had statements and NOA, Court adjourned hearing till 13th June so they could get original agreement from the OC. Court gave them till 1st May to file and serve written evidence so that I can file and serve by 24th May - they haven't sent anything 5. Hearing on 13th June is non attendance pre-trial review. 6. Today I received letter from BW serving me with statement of account (again?) no mention of agreement or any witness statement. My question is what is best way to proceed? 1. Write to Court telling them that BW have not complied (again) with one of their orders? 2. Wait and file my witness statement as ordered By the way statements show late charges or £12, also account quoted in NOA is not same as in statements. Thanks for any responses!
  16. Hi I am a new member and really need some advice. I have spoken to every debt charity i can find been referred to some and now come to a dead end unless i pay a solicitor £1000 to represent me and I haven't got that sort of money right now. I was in financial difficulty some years ago and got myself into debt . I was being pursued by BWLegal on behalf of Lowell portfolio 1 ltd who had purchased 2 credit card debts from Capital One ( Europe ) PLC. The debt was for £886.92 and £2384.24. They issued me an 18 day Statutory Demand dated 13 April 2012 which gave the details of the debt and the default date as 9th December 2005. Lowell Portfolio give the date of Assignment as 19th January 2007. No breakdown of debt or statement has been included. Due to my own ignorance and other reasons i have not applied to set the demand aside and was pressurised and bullied into paying BW Legal £2150 on the 14 May 2012 and agreed to a repayment of £60 per month until the debt was repaid and they agreed a 20% reduction in the total amount repaid. In our telephone conversation i said i can't recall the debt as it was so long ago and they verbally agreed to send me copies of the agreements ( they now deny this). As no copies of the agreements were sent i didn't give them any more money and this resulted in them issuing a Creditors Bankruptcy Petition on Failure to Comply with a Statutory Demand. The petition was dated 15th February 2013 and the hearing date 21st March 2013. I was served the petition by hand in the evening on the 9th March 2013. I panicked filled in form 6.19 and filled a notice to oppose the Bankruptcy Petition on the 13th March 2013. This is what I put: " Take notice that i ........ Intend to oppose the application to make a bankruptcy order on the following grounds : After receiving a statutory demand from BWLegal and being close to the 18 days to set aside the notice. I came to an arrangement with BWLegal to pay them £2150 and then the remainder of the debt to be reduced to £466.53. This was to be paid in instalments of £60 per month with the remaining balance of £46.53. I did state that i did not acknowledge my indie tenses to this agreement and had no recollection due to the fact it dated back to December 2005. I also think the debt is statute-barred. I did however agree to the above if BWLegal would not seek bankruptcy and would in a reasonable time frame provide me signed copies of the agreements and statements from Capitol one Europe plc. BWLegal agreed to this and i paid them £2150 to show good faith. Since then no agreements or statements have been provided as agreed by BWLegal . BWLegal constantly send demands for the outstanding balance of £1120.66 this is contrary to what was agreed. BWLegal have failed to provide the appropriate signed copies of the agreements with Capitol one or any statements of the alleged debt and have not complied with the payment arrangements . I would therefore ask the court to deny the bankruptcy order and ask BWLegal to provide the appropriate proof of debt within 14 days to the debtor. If this cannot be done then BWLegal refund the original payment of 2150 to the debtor. I apologise for wasting court time on this which could have been avoided if BWLegal fulfilled their arrangement ." I attended the hearing on the 21st March and after the district judge it seemed spent 30 minutes explaining to me how serious this matter was and i should get professional help adjourned the hearing of the petition to 14th May 2013. It is further ordered that the debtor must, not less than 4 clear days before the adjourned hearing file at the court and serve on the creditor a detailed statement in support of his opposition to the bankruptcy petition, exhibiting copies of all relevant documents. Dated 21st March 2013 Since then as my wife and i are very stressed about this i have telephone BWLegal repeatedly and asked for a balance to settle. Up to now they just say they are waiting their clients instructions. A person from the nationaldebtline has told me that she thinks this debt is definitely statute barred just because i paid £2150 it was after the 6 year period and the statute of limitations act clearly states that once the 6 year period has gone it cannot be restarted . BWLegal have no right to pursue this debt through the courts and the judge should have thrown it out. She went on to say she wasn't a solicitor and in few of the seriousness of the situation check her advice out. The judge did say that it is in the court discretion to grant a set aside to an 18 demand if i wanted to apply now with good reason ? Not sure if this is a red herring. My problem is what do i do now i am running out of time and cant get good advice without paying and i am flat broke. Do I apply to set aside, can i have some help in filling a better defence, is it true it is statute barred ? Please some one help the clock is ticking for me. Thank you for reading my post .
  17. THE STORY I worked for a design agency on-site for 2 months Jan-March on an initial contract bases with promises of a perm role after a month or 2. The first month I got paid after 8 weeks (they didn't raise any questions over payment after my first month and ignored my first 2 invoices until I sent a signed for invoice in the post after week 6 - then it was toward the end of week 8 that I actually got paid for my first month. From that point onwards I realised I would only get results if I sent everything 'signed for' royal mail (1st class) - and this ****ed off the director. He told me 'why do you need to send this in signed for mail when you could have just handed it to me'. So alarm bells were ringing I can assure you and I knew getting money out of these creeps would be like getting blood out of a stone. Anyway, after exactly 2 months and 1 day on March 11 they terminated my contract with no notice. I had already submitted my 2nd invoice for month 2 which ended 8 March and a 3rd invoice for the outstanding single day on March 11 was sent a few days later. They have not paid my 2nd and 3rd invoice. I sent a reminder letter dated 8 April for both invoices and a message that if the invoices had not been paid by 19 April I would seek further action. On the 10th of April I filled out a 'Statutory Order' demanding payment or a petition will be made to county court for a winding up order. The company are an LTD business with £180K in debt but with £130K in reserve cash with fairly decent finances I think. FURTHER ACTION I am indecisive about what the best course to get what is owed swiftly and efficiently. Maybe they don't have the money to pay me? They haven't at all been in touch since I left or responded to either of the initial invoices, the reminder or the statutory demand. Should I file a separate moneyclaim for each invoice after my 19 April warning has passed? for £2730 and £140 respectively and can I do this? Can I also add compensation as they really are messing me about and it's costing me time and money to reshuffle finances as I am just a contractor after all. Secondly about the statutory order - should i just ditch the moneyclaim and go full force on the statutory order? HELP - WHO HAS DONE THIS BEFORE?!!
  18. Hi All Back again. found letter from Stewart Barnes Associates, dated post dated 31 March, only just found it. States that person is coming to my home tomorrow to serve me with this Statutory Demand for Bankruptcy. A couple of years ago I wrote to one of the debt agencies that bought this debt if they could produce a CCA, I received a letter stating that the original company did not have a CCA. Since then there have been many debt collection agencies that have written. I have not acknowledged the debt and no payment made for about 18 months to 2 years, I will have to check dates as I cannot recall the last payment. Of course I am now concerned that Cabot are now trying to hit me with this demand. If indeed it is Cabot and not some other debt collection agency, as they all tend to state that they are working on behalf of Cabot. I am most concerned about this person coming to my home tomorrow I happen to have taken tomorrow off to try to finish some repairs to my home, I am tempted not to answer the door if this person turns up as normally I wouldnt be home anyway. what on earth should I do? How should I proceed if they issue me with this statutory demand? I know I wont be sleeping much tonight. All advice most welcome, should I again ask for a CCA? but I am not sure who has this debt now anyway, it was for an unsecured high interest credit card taken out in 2005/2006, interest charges were crippling me and I just couldnt keep up the payments. Poppay
  19. Hi all I had a credit card with MBNA but stopped making payments in September 2007 when I was made redundant. Not long after I had an accident and have been unable to work since. I have today had a bailiff round handing me a Statutory Demand from BW Legal Solicitors on behalf of Lowell. The letter states that Lowell bought the debt from MBNA which I was unaware of. It states the Default date of 30 January 2010, I do not recall receiving this. The debt on the Demand is £1XXX, however I seem to remember the original debt was around £1300. I own my own home which has equity in it. I also owe other credit card companies, who I have not paid since 2007. I am on benefits due to my ill health and currently have 56 pence in the bank. Have no idea what to do. Please help.
  20. Hello Will try and summarise.. . if I miss anything please let me know but would be so very grateful of any advice on what to do now. Capital Bank Joint Personal Loan £5,481.20 outstanding taken out in 1997 It got transferred to Wescot Credit years ago and we had no communication with Capital Bank Direct at all. It went to Legal & Trade Collections before Wescot and also a solicitors but we adamantly paid the minimum and had been paying £40 a month to Wescot for a long time but not paid anything since beginning of 2009. April 2009: received a letter with 'Your Annual Personal Loan Statement Agreement No: xxxxxxxxxxx for the period 01/10/2008 to 23/02/2009. It shows a statement opening balance as at 1/10/2008 and then 3 payments october, november and december 2008 with a statement closing balance. Had never received a statement before that at all. Nothing shows even to this day on Experian 2nd May 2009: Sent a CCA 17th May 2009: Sent a failed to respond letter account in dispute 22nd May 2009: Received a reply from Capital Bank dated 20th May 2009 thank you for your statutory request for information in respect of the above Loan Agreement. Please find enclosed a signed copy of the executed Agreement. Thats it and then a 2 page agreement which can be viewed here Page 1 http://i39.tinypic.com/jayh3p.jpg Page 2 http://i42.tinypic.com/20ubd04.jpg At the beginning of the year 2010 got a statement and then another one in February 2010 which is just a general statement showing what we owe and what was paid. There are no charges on the account and no interest been applied. 13th August 2012 My husband got a letter dated 13th August 2012 (my name not on although a joint account): "We are writing to notify you that Bank of Scotland PLC has assigned all of its respective rights, title and interest in respect of the above referenced accouint (including the outstanding balance) to 1st Credit (FINANCE) 5 LIMITED, effective 31st July 2012." .... plus more just stating that they are managing the account and we have to contact them to organise payment on the account as a matter of urgency. There was also an 'Account Assignment' attached stating balance now due and to contact them to agree repayment options etc. etc. etc. 28th September 2012: Today my husband received a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986, Debt Liquidated Sum Payable Immediately - Form 6.1 Any advise would be much appreciated as read on a number of forums that Connaught always send these out and not worth anything then some forums saying that houses could be possessed ! if over £2,000 so take it seriously. Also my name is not on anything it is always my husband although the original loan was a joint personal loan. Many thanks in advance
  21. Evening all I have received a Stat demand from Simply Credit Claims I used them for reclaiming PPI. I received the Pay out at the end of August , I received there invoice on the 9th of September, But the invoice was back dated to 28th August. Today I have received the Stat demand Dated 26th September. The amount Owed is for £1800.00 They started Harassing me for the payment 0n the 13th of September. The guy I spoke to dropped the amount to £1100.00 if paid with in the next week. I sent a cheque but they have not received it as of yesterday. but today I receive the stat demand The Payment to them only became due to them today. Can they issue the stat demand that quick?????? Help Leakie
  22. Hi fellow caggers, Not sure if this is in the right forum, but here goes. My wife got a statuory demand through the post from amex solicitors, Brachers LLP. I was just going to ignore it but after reading other threads, decided to go for set aside. I filled in the forms and sent them to the court, who have now replied with a date for a hearing in early August. I understand that I have to send one copy of the paper work to the claimant but what do I do with the other, do I send it back to the court? or send it to my nearest court? Any info/advice gratefully received.
  23. Hi CAG Have been dipping in and out of the forums for a while now, but first post(s) today,so apologies if I have strayed to wrong area(s) or am a bit long winded. Quick background, had heart attack 2006, affected my finances as self employed, in particular Capitol One credit card. Think I had PPI but no good to me as self employed. Sorry to say lapsed payments some time after then was told I had end stage renal failure, leading to dialysis and luckily for me a kidney transplant last year. Havent worked since Dec 2007/Jan 2008 and only entitled to Disability Living Allowance which hasnt really allowed me to pay anything off the debt. Had phone calls from Lowells on and off but ususally hung up as they asked for the wrong name. A week ago a "debt collector" called at the door and asked my wife if he could speak to me but I was ill in bed. He didnt say who he was but mentioned Capitol One. He came back next day and asked my daughter the same,but got the same reply. Today I recieved a plain brown hand delivered envelope addressed to myself from Hamptons Legal with a Statutory Demand letter for a debt to Lowells (via Capital One) of £1902.19. It went on to say that if I did not respond they would present a Bankruptcy petition against me. They ended by writing".... .to avoid bankruptcy, we WILL accept a realistic offer from you, be it a monthly repayment plan or an offer for full and final settlement" they requested I call them on XXXXXXXXXXXX . signed Stephen Hunter, Head of Legal Compliance. I have to reply within 18 days I have been trawling through the CAG forums today and have read of CCA's, SAR's and got my credit file through Noddle(Thanks CAG members!) Apparently, I defaulted Nov 2009, the time the debt was "bought" by Lowells. After all that my head is in a bit of a spin and with the 18 day cut off , I could really do with some advice. Thanks to anybody who takes the time to read this PS have small amount of money coming through in August so may be able to offer something in F and F settlement?
  24. Hello, I received a statutory demand in late Dec 2011 for over £10,000 which was set aside on the request of the legal department of the company pursuing the money. I informed them that I had no knowledge of any outstanding debt or subsequent court proceedings and explained that it must have been a family member who had used the account without my knowledge who had since been witholding the correspondence from me as it was not sent to my address but to my deceased parents house where I had previously lived and where they now reside. The guy who served the statutory declaration told me that they had been used to track me in order to serve document as it was thought that I had disapeared (mortgage, council tax, electoral roll) lord lucan I am not. Since early Jan 2012 just prior to Statutory demand being set aside I requested an explanation from the company identifying the facts, and what they intended to do in order to rectify the situation. The guy I was dealing with said it was his priority to have statutory demand set aside and that he would look into this further. I have not heard anything since, and considering that it is a fairly large sum of money which I dont have it is something I could do without. I feel certain that the legal department spoke to the local guys at this end and that they have confirmed to them my version of events, and that was why they were keen to have statutory demant set aside. Is it wise to follow this up? What is the best way to go about this? I dont particularly want to cause problems for family member but this is a worrying situation any help/thoughts greatly appreciated. Thanks in advance.
  25. Hi there, Hands up firstly as i am the original 'bury my head in the sand' type of guy, Whats changed 2 kids in 2 years But as always the ghosts in the closet rear there head hence the reason i am here....after searching loads of posts and info overload i was wondering if any kind person could help. The details: Started in Company in 2005 and moved to Natwest in 2007. Got suckered into the old line your business account is full of activity would you like an over draft. Accepted this and signed a Personal Guarntee for this for 10k. Now i realised the implications of this however in between signing the PG the Bank manager was totalling up the Business Assets and i presumed/was made aware that these would in effect be the guarntee?? Along with the line it will never happen so you need not worry! With this so called reccession the business was hit Badly, even to reduce budgets and overheads (Vans,Employees e.t.c) cost me short of 10k (2 leased vans 3 months, 2 guys couple of months pay, Gave Unit up e.t.c) I then tried to get it all going again and won a contract but needed further funding! TBH my head at that time wasnt clear, when someone says dont worry we will help you, you tend to listen. All i know is a left Natwest again with a 10k Overdraft converted to a loan and now my O/D bank to 0. It was meant to be reduced by never was and subsequentally after losing money when another Customer went to Pot i dipped into this to support myself. Now i owe just short of 20k, and have had a coupe of Firms on to me about it, TO ANYONE GOING DOWN THE SAME ROUTE DONT BURY YOU HEAD IN THE SAND! My situation is now i am about to be served a Stuatory Demand and am not a 100% sure where to go now. After reading the forum i was thinking of sending out a SAR, but after speaking to the company involved was told that this may be with the demand so wait till Thursday when papers are being delivered/served on me. I am a homeowner, if there 5k equity ill be lucky, 2 new kids Mrs on Maternity Leave and myself out of employment...... At present we are surviving, luckily the OH income is good, and if anything it looks like i may be a stay at home Father This 20k PG now is going to throw a huge spanner in the works and send a floatable ship under? Any ideas where to go next, considering i havent made too much contact with anyone about this? Is/Will i lose my home even though it is in joint names? Many Thanks for Help, i sit here impatiently pulling what little hair i have left out! Big M
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