Lowell Statutory Demand - can they do this?

[Jamjar1]

Thanks pugsley, but I think it's far from sorted as yet! I will have to go to the court for this!

 

Me scared, I haven't a clue what to say or do!

 

My "Set Aside" might not be accepted and even if it is, what happens then?!?!?!

 

How I hate Burkly's for this, it's been going on now for nearly four year and if they had let me pay back £5 per month, then I could've paid £200 off by now!

[Jamjar1]

Does anyone have any idea as to what happens in court?

 

Any pointers anyone?

 

I'm trying to prepare myself for the court appearance and I could really do with some advice

 

Tia folks

 

Jamjar1

[Jamjar1]

Um, hello folks,

 

I'm getting really desperate now as I have to go to court to have the SD Set Aside a week come this Tuesday!

 

Does anybody, anywhere have any advice as to what I should say or do!

 

Please help, I'm pooping bricks right now!

 

Tia

 

 

Jamjar1

[PI Guy]

It's unlikely that the other side will be there but if they are don't worry. Take all the evidence that you have. Don't rant and rave about it while there. Be polite and calm and stick to the points of your case.

[PI Guy]

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

It should have been by 1st class post but don't fixate on that now. Your 18 days are from the date that you received it..

 

They go for an SD cause it's very cheap to do and the risk of bankruptcy in the mind of the average person is high. In other words, it's used as a threat more than anything.

[Jamjar1]

It's unlikely that the other side will be there but if they are don't worry. Take all the evidence that you have. Don't rant and rave about it while there. Be polite and calm and stick to the points of your case.

 

Thanks for the advice PI Guy, I'm not pooping so much now!

 

Just to update, Lousyville have acknowledged my CCA request, I sent it off recorded delivery 6th of March

 

Thank you all for your kind help, any advice still given will always be appreciated

[MrTWS]

Site closed

[Jamjar1]

Hi all and thank you again for the help given, I really appreciate it

 

I'm off to court tomorrow to have the SD set aside with losewells.

 

Losewells received my CCA request on the 7th of March, they've sent the usual standard "We are in receipt of your request, blah de blah de blah!", boy are they fast, they wrote back on the 10th the following Monday! Are they pooping themselves or what? :grin:

When do I send a default letter thingy and which one is it again?

 

Also, they have sent me a very tempting letter:

 

 

Unfortunately and as always, they sent it by second class post and I didn't get it until late Thursday just gone (20th), they gave me until the 22nd to respond and there is no way I could have done anything about it anyway!

 

Was this just another ploy?

 

If anyone could let me know as to what my next move should be concerning these idiots, then it would be gratefully appreciated!

 

Tia everyone and wish me luck!

[ODC]

Absolute Bog Standard Bovine Excrement from the Leeds Losers. This is what they send to everyone who requests a CCA.

 

Do nothing about it until you see what they come up with by way of a CCA.

 

DO NOT BE TEMPTED TO PHONE THEM. Its a trick, hence the short dates on the letter.

 

They are trying it on because they may not be able to produce a valid CCA

[dannyboy660]

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

 

That's the bit I can't get my head around.

 

The letter from Red in post#1 says the creditor is Barclays, but the SD received at the same time says the creditor is Lowell, so it's obvious from the outset it's a con.

 

They couldn't have acted on it anway - so it seems likely to have been a bit of pointless exercise????

 

It's a con, just another frightener to get a reaction. Surely the courts will eventually get peed off with this type of thing???

[Jamjar1]

Thanks ODC for that, that's calmed me nerves a bit

 

Are they in default yet then as I think their 12 days are up and if so, which letter do I send next?

 

Thanks again folks, I've tipped everyone's scales on this thread!

[ODC]

I dont even think Lowells know what they are on about sometimes.

 

They claim to have purchased a CAPONE debt of mine just last year yet I have letters from them going back over 5 years.

 

When I CCA Lowells they say they will have to get back to their client. DUH!!!!!!!!! Would this be the client they claim to have purchased the debt from. I always said it takes a LIAR to have a good memory.

 

Of course the whole Lowell Portfolio and Lowell Farcical thing is probably a tax dodge

[Jamjar1]

That's the bit I can't get my head around.

 

The letter from Red in post#1 says the creditor is Barclays, but the SD received at the same time says the creditor is Lowell, so it's obvious from the outset it's a con.

 

They couldn't have acted on it anyway - so it seems likely to have been a bit of pointless exercise????

 

It's a con, just another frightener to get a reaction. Surely the courts will eventually get peed off with this type of thing???

 

Never a truer word spoken dannyboy660! Guess what? Losewells didn't even turn up!!!! :grin:

 

After all me stressing out an' all, I was only in front of the judge for a coupla minutes and he granted me a Set Aside for the SD!

 

Judge said that Losewells should not have done that in the first place, they should have gotten a summons through the Small Claims Court!

 

Well, they lost this battle, but can I win the war?

 

They still haven't come up with my CCA and the 12 days are up at the end of this week! What do I do now?

 

Do I send a default letter in and if so, could someone please guide me to it?

 

I'll also send the dispute letter in kindly provided earlier in this thread, gonna throw the book at 'em! :grin:

 

Many, many thanks for all your kind help and input and any further help will be greatly appreciated!

 

Tia folks

[ODC]

Wait until they come up with a futher demand for money and then report them to TS, the OFT and your MP. They really should be done for abuse of process in sending out these SDs like confetti when they knew they had NO hope of following through with them. They were merely used as a SCARE TACTIC. So complain about them.

[PossVox]

Brilliant news jamjar!!! Well done!!! I've watched your story from your first posting and I'm really pleased for you.

 

Now throw the book at these bullies!!!

 

[dannyboy660]

Well done Jamjar!!!

 

I suppose the next step is, as ODC says, try a 'wait and see' policy because I suspect Lowell are all pish and wind. In fact they are Kings of the Kingdom of Pish and Wind. Is it too early to get a complaint in motion??

 

I certainly agree about the SD thing. Settling this type of action or dispute is what the CCJ small claims procedures are all about, and it's quite bizarre that DCA's/Purchasers are just trivialising the SD and over-using it as a scare tactic.

 

Courts must be aware by now that this is happening on a fairly large scale, but as usual nothing seems to happen.....or perhaps this is part of the long-overdue clampdown on licenses starting next month??

[PossVox]

I have my SD Set Aside coming up and, whether Lowlife/RED are in attendance or not, I intend to bring up the subject of the abuse of process re SDs.

 

The courts need to keep an eye on this waste of Taxpayers' monies in order that these DCAs can feather their own (already sumptuous) nests!

 

 

Rant over!

[pugsley]

Well done JamJar, even though I have ignored mine it is good to see people getting them set aside as this will annoy the judge:twisted::o and maybe something can be done for the abuse of process and what about your costs for preparation to defend?

[Jamjar1]

Hi folks and thanks again for all your responses to this thread, it is VERY much appreciated

 

I've taken a break for a week to recharge the 'ol grey matter!

 

I got another "repeat" letter from Losewells (copy of last letter posted in this thread) tempting me with the same offer as last time and they are maintaining that BERKLY's Bank are searching frantically for a CCA in their archives!

 

I requested this CCA and they received it on the 7th of March, which letter do I send them next? As I think their time is well up and they have been naughty now for sure!

 

Tia

 

Cheers all,

 

Jamjar

[BePositive]

Evening jamjar,

 

You can either sit back and wait for them to provide the information or admit they haven't got the information or wait the 12 + 30 days for them to have committed an offence, I personally sent them a letter once they had committed the offence because I want the default removed and an end to the matter.

 

I sent a letter to Clownells once they had committed the offence with following wording:

 

The time limits, which are detailed within the Consumer Credit Regulations 1983, are clear (prescribed periods for giving information). You must supply an executed credit agreement within 12 working days of a CCA request. Failure to comply within 12 working days of a legitimate request means the account enters a default situation and I am sure you are aware that under Section 78(6) if you fail to comply after a further 30 days you commit an offence. You entered into a default on XX date (enter date 12 working days after receipt) and this account became unenforceable by law and a criminal offence was committed on xx date (enter date 12 + 30 working days after receipt).

 

 

Also If you check my recent post out here it details what action I expect them to take and what action I would take if they didn't.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137116-lowells-help-please-where.html

 

 

Hope this helps.

 

 

----------------------------------------------

 

Please tip my scales if this has been useful.

[mrmarmite]

Hi folks and thanks again for all your responses to this thread, it is VERY much appreciated

 

I've taken a break for a week to recharge the 'ol grey matter!

 

I got another "repeat" letter from Losewells (copy of last letter posted in this thread) tempting me with the same offer as last time and they are maintaining that BERKLY's Bank are searching frantically for a CCA in their archives!

 

I requested this CCA and they received it on the 7th of March, which letter do I send them next? As I think their time is well up and they have been naughty now for sure!

 

Tia

 

Cheers all,

 

Jamjar

 

Do NOTHING and say NOTHING, should they phone you say FO and hang up (IF you can/feel ready to do so)

 

Curly ben I will ALWAYS agree with but me at point where "whats the point" so i antagonise them just to pee them off, at end of day AS LONG as YOU abide to the letter of the law then any court cant do nowt against you . (once you have pointed it out to them that is) (this post is true in my opinion is true. but I will not be held responceable if it is not true)(this will be used in evedence against you should you will to try and claim against me) ummmmm, might add more later, lmao who cares, abide by the law and ye shall be safe,

 

me better go to bed now I have obviosly lost the plot,

 

Nighty nite all luv ya loads

 

(hick) xxxxxxxxxxxxxx

[jakesdaddy22]

hi i hope you dont mind me posting on this thread,i am after some urgent advice please i have recieved one of these statutory demands this morning,in the post it doesnt say first or second class.

 

its a damand from the creditor 1st credit finance,claiming the sum of £858.12,i cant dispute this as i know i owe it the original creditor was welcome finance.its signed by a mr D SILCOCK,on behalf of connaught collection uk ltd,debt collection agents.

 

 

hoe do i get this set aside i am on benefits as i am unemployed due to having heart problems,and i cannot afford to pay this.this is the first letter i have recieved about this debt i have not heard anything else from this company,the letter that came this morning was normal post and not registered.

 

is it too late to send a CCA letter would that stop it or do i have to contact the court,many thanks for any adivce.

[ODC]

Its never too late to send off a CCA for this alleged debt. You should also seriously think about getting this SD Set Aside. There are two schools of thought on this and you should have a read of the various threads on it. Most times SDs are sent out as a method of getting you to phone the telephone threat centres. Under NO CIRCUMSTANCES should you ring these people. Keep everything in writing.

[Jamjar1]

hi i hope you dont mind me posting on this thread,i am after some urgent advice please i have recieved one of these statutory demands this morning,in the post it doesnt say first or second class.

 

its a damand from the creditor 1st credit finance,claiming the sum of £858.12,i cant dispute this as i know i owe it the original creditor was welcome finance.its signed by a mr D SILCOCK,on behalf of connaught collection uk ltd,debt collection agents.

 

 

hoe do i get this set aside i am on benefits as i am unemployed due to having heart problems,and i cannot afford to pay this.this is the first letter i have recieved about this debt i have not heard anything else from this company,the letter that came this morning was normal post and not registered.

 

is it too late to send a CCA letter would that stop it or do i have to contact the court,many thanks for any adivce.

 

Hi jakesdaddy22

 

As ODC above says, it's NEVER too late to send off a request for a CCA. You also need to contact your local court, look them up in your yellow pages/phone book and request to have your Statutory Demand set aside, they'll then send your forms out which, you'll need to fill in.

 

Do NOT worry about this (I know, easier said than done!), but DCA's do this as a form of bullying, Lowells failed to turn up at court, they failed to even supply me with a CCA and NOW they have broken the law yet again by handing my account over to Robinsons Way without MY knowledge!

 

Lowells HAVE to inform me of this as it's against the DATA Protection Act which, is a laugh in itself!

 

Chin up, there are many pearls of wisdom in the CAG forums