Lowell Statutory Demand - can they do this?

[Jamjar1]

Hi all, loving the site btw it is very informative.

 

I have recently received this Statutory Demand from those lovely people of Lousywell. Very long story with this debt, so you'll be glad to know that I'm gonna present the short version!

 

November 2004

Tax Credits stopped our payments (without ANY notice!) going in to Barklys.

Barklys charge us.

I immediately try to sort things out with a payment plan by going into bank.

Eventually I am forced to leave employment (Thanks Gordon Brown!) in Jan 2005 I go on the sick after TC force us to live on £28.88p per week!

This goes on for months and so does phone calls and letters going to and fro between BERKlys and meself!

In between times the usual harassment by phone at home and in the past at work! I've been passed from pillar to post! This went on for two years!

No joy!

4 accounts with Barclays and I disputed all 'cos of the charges and interest they piled on when I originally went into the branch and try and get summat sorted!

2 of the accounts they took me to court for and they lost! YAY!

3rd account I came to an agreement with another DCA, well known name on here, just can't remember, ahem!

Anyway, Lowell have in their greedy paws a barclays account, which has been passed on from one DCA to another, they say they "bought" it from barclays, I don't believe THAT for a start! I have been battling these debts caused by TC's for over 4 year, Lowell (& EOS) have been by far the worst to deal with!

 

Anyhow here are copies of Lousywells latest letter:

 

 

 

 

 

 

Here is a copy of an email I sent them in which one "advisor" denied receiving and in another instance, a "supervisor" acknowledged!!!

 

 

Please STOP harassing me!‏

From: Jamjar1

Sent: 18 July 2007 12:55:43

To: [email protected]

Ref:

 

I phoned your company after receiving your letter dated 3/5/2007. As usual from your type of people, agreements are NEVER met. Do you understand our financial situation?

 

NO!

 

Do you think you can force us to pay what YOU say?

 

NO!

 

So here's the lowdown (AGAIN!)

 

I disputed the amount with Barclays and THEY knew of this and yet they expected me to pay that amount even though THEY prevented me from paying them in the first place!!!

 

I HAVE BEEN TRYING TO PAY MY DEBTS WITH BARCLAYS SINCE NOVEMBER 2004!!!!

 

They have taken me to court TWICE and FAILED!

 

I personally couldn't careless if you purchase everyones debt!

 

The point is, if I dispute the amount, what are YOU going to do about it????

 

I would rather this was settled in court, you can take at least £200 off the balance THEN, I may consider paying off this debt, BUT only at a level at what we can afford to and ONLY by Standing Order!

 

STOP HARASSING ME FOR THE BALANCE I DO NOT OWE!

 

Know this, that every illegal action you make, I will hold it against you as evidence.

 

DO NOT EVER send anyone to this address, otherwise I WILL sue you for trespassing!

 

Now then, the ball is very much in your court!

 

Good day to you.

 

 

Yours VERY sincerely

 

 

 

 

Mr Jamjar1

 

P.S. If you continue to ignore my responses, then I shall also do the same to you!

 

If you need to see this letter close up, then just copy and save in "My Pictures" and then magnify.

 

The Mrs and me are considering legal advice from a solicitor. It is my right to dispute this amount and I have repeated this endlessly to Barclays and the various DCA's.

 

Is this a legal document from Lowell prats?

 

TIA for any info folks, I've gotta shoot off now, but I'll be back later.

 

Oh and P.S. Mr Andrew Bartle's name has been changed to protect his identity, lol! :grin:

[mrmarmite]

have you sent a CCA off to them yet?

 

has dca prooved they legally entitled to collect this debt? if not CCA them

[Curlyben]

Send them a CCA NOW !!!

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Also send them a dispute notice:

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

Also gave a read through this sticky: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

[Jamjar1]

Thank you so much for your replies so far, I will CCA them asap, just thought I'd be too late for that!

 

After the disgusting abusive phone call I received one evening, I had warned lowells that I no longer wish to deal with them concerning this debt, seems like I still have to!

 

I'll also send an dispute letter off too, again! Can monkeys actually read? :grin:

 

Is it worth me going to see a solicitor as well?

[Curlyben]

Also NEVER talk to them on the phone.

If you do answer a call from them simply refuse to answer their security question and demand everything in writing for the avoidance of doubt.

Don't be drawn to comment on anything, even the weather.

 

You don't really need a solicitor at this point and it is unlikely you will ever.

there is a wealth of knowledge and information to assist with these "people" right here.

[Jamjar1]

Hi and thanks for your advice. I think things may be worse than I thought. After looking at the CCA template, I have already acknowledged one debt with them and they have just purchased another debt of mine. Are lowell seeking out to bankrupt me?

 

I read somewhere that debts totaling more than £3000, then a DCA or whatever can bankrupt you!

 

Or was this another scare tactic?

[Curlyben]

The MINIMUM for bankruptcy is £750, but more usually £5,000 is consider acceptable.

This is defiantly a scare tactic.

That being said make sure you get it set aside so RED get the meaasge loud and clear that this activity is NOT acceptable.

[Jamjar1]

Thank you for that. How do I go about having this set aside? The letter doesn't mention which court I go to, hence the idea of going to a solicitor. We'd find one that does that Legal Aid. This whole thing has completely thrown me, I KNOW that I am within my rights to dispute this amount and that this DCA are in the wrong for pursuing this debt!

[Curlyben]

You need to go to your local County Court.

 

there's more details here: Legal Issues Explained - Statutory Demand

[mrmarmite]

perhaps it might be worth getting tomterm or pt to look at this thread

[Jamjar1]

Hi all, just an update and a coupla numpty questions

 

I've phoned the local County Court and they're sending out a form to stay the Statutory demand.

 

Do I send the CCA out first or the dispute letter first, OR both at the same time????

 

Sorry for asking the obvious, but me head's caked in with all the stress, lol!

 

Thanks for all your help btw

[mrmarmite]

Hi all, just an update and a coupla numpty questions

 

I've phoned the local County Court and they're sending out a form to stay the Statutory demand.

 

Do I send the CCA out first or the dispute letter first, OR both at the same time????

 

Sorry for asking the obvious, but me head's caked in with all the stress, lol!

 

Thanks for all your help btw

 

if court action started, send the CCA out, and defend to the court

[Jamjar1]

Okey cokey, thanx for that!

[clutchingatstraws]

You have to apply to have the SD set aside at your local court that deals with SD's within 18 days.

[Jamjar1]

HELP!

 

I have the:

Application to Set Aside a Statutory Demand

 

and the:

 

Affidavit in Support of Application to Set Aside Statutory Demand

 

Question is, how on earth do I fill it in I simply don't understand which bits I have to put in about me or them lowell prats!

 

Or even WHERE to put the relevant bits of info!

 

This is beyond me and I'm panicking like mad!

 

Is there a sample of the above forms I could look at?

 

Please help!

 

Many thanks

[mrmarmite]

dont panic, I don't know so wait for curlyben to arrive if not i'll get a mod in here to help

[clutchingatstraws]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/86067-getting-statutory-demand-set.html

 

 

Scan through this it may be helpful

[clutchingatstraws]

Form 6.4

 

a) Lowell

 

B) Jamjar1

 

c) the date you attend the court to swear the affadavit.

 

d) Lowells

 

e) Jamjar1 address

 

Date ,time and place will be decided by the court.

[clutchingatstraws]

Form 6.5

 

 

a) jamjar1

 

b) Date you recieved the SD

 

c) jamjar1

 

and

“Do not admit the debt

because…” [here state

grounds]

 

Well sort out the grounds after further information from you.

 

Have you CCA'd them?

 

Have you recieved any letter of assignment from barclays or Lowells.

 

Do you have any old statements containing unlawful charges.

 

When did you recieve the SD?

 

If this Fartle fellow actually exists its no wonder he ended up working for a DCA.

[Jamjar1]

Form 6.5

 

 

a) jamjar1

 

b) Date you received the SD

 

c) jamjar1

 

and

“Do not admit the debt

because…” [here state

grounds]

 

Well sort out the grounds after further information from you.

 

Have you CCA'd them?

 

Have you recieved any letter of assignment from barclays or Lowells.

 

Do you have any old statements containing unlawful charges.

 

When did you recieve the SD?

 

If this Fartle fellow actually exists its no wonder he ended up working for a DCA.

 

Hi there, great posts, thank you folks!

 

The grounds concerning me, I cannot find!

 

I admit the debt, but I dispute the amount!

 

Barklays have faffed about for two year, in the meantime gathering interest and charges, hence the dispute of at least £200 of the debt! I'll pay back nearly £700, but it'll have to be in compliance with our low income!

 

Will CCA them tomorrow!

 

Got a lovely letter from Lowellies letting me know that they bought from Burklys! THAT'S a lie, 'cus it's been thru loadsa other DCA's as well!

 

I have statements, etc., but to trudge through the mountain of bills/debt letters I have archived is giving me the willies! :grin:

 

Just got the SD on Friday 29th 0f Feb

 

At last, someones noticed Mr Fartle's name! :grin:

[clutchingatstraws]

I would use I do not admit the debt as grounds on the basis that lowells are not the original creditor.

 

How do you know that they didnt just send a letter telling you to pay them? and bclays know bugger all about it.

 

You must CCA this debt now....... to lowells as they are claiming it.

 

Another ground for set aside is that you dispute the amount.

 

we'll cobble together something in the next 7 days when would it be most convenient for you to attend the court?

 

 

The grounds will depend on what you get back from them.

[Jamjar1]

Hi

 

I have CCA'd them and I have taken your advice. What do you reckon to this so far:

 

I do not admit the debt as grounds on the basis that Lowell's are not the original creditor.

 

Lowell's have been ignoring and/or disregarding my claims that this debt has been disputed and Lowell's are continuing to make unjustified demands for payment.

 

Lowell's have acted outside the law by harrassing my wife and I by telephoning us at our home address morning, noon and night regardless of our repeated requests to stop phoning and contact us by writing. They have also used bullying, abusive psychological harassment within these unauthorised malicious phonecalls.

 

I will pop the affidavit into our local county court where I'll have to swear (lol!) it in!

[clutchingatstraws]

I would use this

 

"I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this stautory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines."

 

Stolen from tomterm.

[Jamjar1]

Hi all

 

Well, I've sworn in, I've gorn and done the dastardly deed! :grin: Whilst at court, I was peeping at the court's notice board to look at the list of cases that are currently been processed/won/whatever and Lombard and Robinson's were the main culprits by appearing on the list a few times each!

 

Wished I could have left some sort of leaflets lying around advertising this excellent forum!

 

Thank you so much clutchingatstraws and others for your valuable time and info, it is VERY much appreciated

 

Will keep you all posted on this thread as things progress..... or not!

[pugsley]

glad you got this sorted:)

 

btw I got one of these stat demands for £2,100 sent on the 22/02 by 2nd class post, when is my 18 days up?

 

I will be sending them a cca on monday (have asked before (for this debt)for cca for another debt collection company rockwell but it wasn't supplied and was sent back to creditor), but not sure whether to get it set aside as bankruptcy is appealing as I have no assets/job/single parent.

 

I do wonder why they go straight for bankruptcy and ignore CCJ.