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  1. 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
  2. Hi there i am new to the forum but have been viewing posts for several years now. Basically back in 2007, We tried (i say we as my wife had a lloyds tsb credit card which i tried to help get charges back) to obtain the unfair charges on the account which consisted of PPI, Administration Charges, Late Charges, Unpaid Chq.DD Charges, Merchandise Interest and Late payment charges. Including interest these total up to around £2700, then there is the 8% to go on, most of these charges are from 2001-2006 so the interest has built up. The credit card account is currently not used, closed off but has a negative balance of £2014.00 We have written to the bank to try and resolve this and threatened court action etc, only to be told we could not carry on any further as the famous "test case" that the OFT put in place was going ahead, We did not realise this did not include credit card accounts. However never heard anything from Lloyds TSB about the debt and presumed it had been cancelled after a few strong letters sent to them. 4 years later, we have recently recieved a letter from a company called Lowells, attempting to collect this debt of which we contacted lloyds TSB, They claimed the debt was still owed so we informed them that the last response from them was that the account was in dispute and no further action would be taken. We did not hear from Lloyds TSB again. As soon as the lowells letter came, i requested the original contract from them etc and advised them of the dispute via letter and issued the court summons for £3200 plus costs I received a without predjudice letter from SCM solicitors (i presume these are Lloyds inhouse legal dept) offering an out of court settlement of £210 plus my £100 court fee back!!!!. After i stopped laughing, i started to draft my response I wrote back to them to tell them court proceedings will still go ahead of which they have filed a defence (looks pretty standard to me) spouting terms and conditions and claiming the claim is denied etc I have filed the AQ today and requested mediation Am i correct in doing this? I have taken a few people and companies to court through money claim / small claims and all but one have paid in full through mediation but from what i have read on here, The bank will not show up to defend anyway and so i may as well just have this transferred to my local county court. If you can offer any advice on anything i have listed above, i would be very grateful. I will start to prepare my court bundle which shows that we have tried to resolve this years ago as lloyds are now saying that claims older than six years are barred by the limitation act 1980. I also have all my statements from Lloyds and have a spreadsheet which calculates the interest since the day it was charged etc. I have provided Lloyds TSB with all of this information and their response was, please wait for the outcome of the test case. This has gone on for far too long now so i want to take these down!!!!!!!!!!!!!! hope anyone can give some good advice regarding this as i don't want to lose this over some minor technicality! Thanks James & Lucy
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