Lowell/Hampton Statutory Demand *** WON + COSTS ***

[sam614]

Sam

 

I've PM-ed you

 

 

hi:)

 

details sent in PM.XX

SAM

[sam614]

ready to go for tomorrow.

SAM:pLOWELL DETESTER

[HighFly]

As ready as I'll ever be, thanks.

 

I'll post any news.

[HighFly]

Quick update.

 

Dealt with a very helpful guy at the local CC.

 

All submitted, but was shocked when he said he had set the hearing for next Friday, August 6th.

 

Noticing my reaction, he whispered "This lot aren't very quick; best way to fight them is to get it scheduled for as soon as possible. They may not even turn up."

 

I wonder if they will even send the paperwork out tonight, or whether it will be Monday evening before it goes.

 

Thanks again for the responses and the sheer quality of the advice you have all given; I'm truly grateful.

 

Can someone advise, is there a way to change the title of this thread to something more appropriate, so I can keep coming back to it with updates?

[lickthewallfatboy]

contact one of the site team by clicking the red triangle with the ! inside

[sam614]

Quick update.

 

Dealt with a very helpful guy at the local CC.

 

All submitted, but was shocked when he said he had set the hearing for next Friday, August 6th.

 

Noticing my reaction, he whispered "This lot aren't very quick; best way to fight them is to get it scheduled for as soon as possible. They may not even turn up."

the probably wont:lol:

I wonder if they will even send the paperwork out tonight, or whether it will be Monday evening before it goes.

 

Thanks again for the responses and the sheer quality of the advice you have all given; I'm truly grateful.

 

Can someone advise, is there a way to change the title of this thread to something more appropriate, so I can keep coming back to it with updates?

like.....Its only lowell:lol:no longer scared

 

SAM

[harrassed senior]

Good Luck for next friday,, although on past experiences you will not need luck - there will be loads of us with you in thought.

[HSBCrusher]

thread title changed

[HighFly]

Thanks Crusher

[HighFly]

Well, despite the threatening letter of "a further visit this Friday" to personally serve, the slug from H.M. Investigations didn't turn up.

 

The more I read the original paperwork, the more I'm convinced it was all a scare tactic; why would he need to come back to serve personally when he did that on his first visit by putting it through my letterbox?

 

Having received the SD. though, I had to act and apply get it set aside and request costs, so let's see what next Friday brings at Court.

 

I hate to admit it, but I'm beginning to get a perverse sense of pleasure from all this; is it CAG-itis?

[citizenB]

Well now it looks as though you are on top of things, Highflyer.

 

With regard to the CCA, it is up to the Claimant to prove that you owe the debt.

 

Requesting a copy of the CCA doesnt mean you acknowledge anything, however, if they dont have a copy of an agreement with your signature on it they are going to have a hard time proving the debt is yours.

 

After the set aside on Friday, I would suggest you request a copy of your files from the Credit Reference Agencies.. just to see if there are any defaults against your name.

 

You should be making a complaint to the OFT and Trading Standards as well.

[sam614]

Well, despite the threatening letter of "a further visit this Friday" to personally serve, the slug from H.M. Investigations didn't turn up.

 

The more I read the original paperwork, the more I'm convinced it was all a scare tactic; why would he need to come back to serve personally when he did that on his first visit by putting it through my letterbox?

because the slug wanted to speak to you,to suggest that you pay up so that there is no need for this action,and probably had years of scary tales to tell you.

also by speaking to you they have a better idea of your intentions.to report back to low lifes.

 

Having received the SD. though, I had to act and apply get it set aside and request costs, so let's see what next Friday brings at Court.

 

I hate to admit it, but I'm beginning to get a perverse sense of pleasure from all this; is it CAG-itis?

 

 

SAM

[citizenB]

 

I hate to admit it, but I'm beginning to get a perverse sense of pleasure from all this; is it CAG-itis?

 

Yep,

[42man]

You've had some super advice here Highfly.....They have the cheek and temerity to issue a statutory demand for a debt which seems to be statute barred. If it was me in your shoes and had gone through the same situation, I would have used a defence similar to this one - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html

 

Did you get your affadavit sworn in at the court ok ?

 

Did you send off for copies of your agreement ?

 

Also you have to submit your costs to the court 24 hours before the hearing.....get a sheet of paper and title it litigant in person costs and add your costs for your time, travel, postage, etc.....you might find this interesting too (an indemnity award) - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit-6.html

[42man]

Some info for costs - http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today-3.html#post2272048

[HighFly]

Hi 42man

 

Yes, Affadavit sworn in, hearing this Friday (I feel fast-tracked!!).

 

Have sent Lowell two unsigned letters, recorded delivery; one advising them that even if the debt is mine (which is denied), it is statute barred, and the other one a CCA request, as typed below:

 

Lowell Portfolio I Ltd

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

 

Dear Sir/Madam

 

Acc/Ref Nos XXXXXXXXXXX XXXXXXXXXXXXX

 

I acknowledge receipt of your letter dated 24 July 2009, delivered to my neighbour’s house by H. M. Investigations Ltd. regarding the accounts with the above reference numbers, which you claim is owed by me.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

Under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The Office of Fair Trading does state under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment, if any, of this alleged debt, which is denied, was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, I suggest that you are not able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Yours faithfully

 

 

and

Lowell Portfolio I Ltd

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

 

Dear Sir/Madam

 

Acc/Ref Nos XXXXXXXXXX XXXXXXXXX

 

You have served a Statutory Demand issued under the Insolvency Act 1986. Whilst the process of service is considered flawed and the claim is denied on grounds of both liability and the Statute of Limitations Act 1980, section 5, for the sake of thoroughness it is requested you supply paperwork pertinent to the case.

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Yours faithfully

 

I have today submitted my claim for costs to the County Court and by recorded delivery to Lowell also. It's a reasonable £226, but have requested they consider the 2/3rds cost of legal representation option, had I chosen to be represented, to be considered; nothing fought, nothing gained, and this is war now, afterall........

 

Lowell/Hamptons haven't contacted the Court yet, and again, the Registrar said he wouldn't be surprised if they didn't turn up at all.

 

Have I forgotten anything else I need to do?

As it is a pretty simple (to me anyway) case of statute barred, is there any other preparation or paperwork I need for Friday?

Thx

[lilly white]

Well done.and also thanks to 42man for looking in.

 

Well you do seem to got the hang of all this.

 

The only thing to do is research . however i am sure you will be fine.

 

ANY QUESTIONS SHOUT.

 

I hope the sun is out where ever you are

 

lilly white

[babybear39]

Have you got your costs sorted?

 

I've got a bookmarked example of a costs application for an LIP here you could follow and adapt...Only include the cases if they're applicable to yours

 

Costs For Set Aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[HighFly]

Yes Baby, almost verbatim, but with different figures.

 

I also added

"I understand a claim can reasonably be argued for two thirds of what it would have cost, had I appointed legal representation.

 

I respectfully request that the court give consideration to awarding these costs."

 

I don't like bullies. Like I said, it's war now; nothing ventured, nothing gained.....

Edited August 4, 2009 by HighFly

[HighFly]

Hearing to set aside tomorrow (Thurday 6th), 2.15pm.

Court have heard nothing (yet) from How-Lowell-Can-They-Go.

[babybear39]

Good luck for tomorrow Highfly

[HighFly]

Thanks BB.

Did have a heart-stopping moment this morning when I looked at my calendar and saw today was Wednesday the 5th.

 

"But they said Court was FRIDAY the 6th..."

 

A calamity closely avoided !!

[ODC]

Excuse me butting in. The alleged debts are only 5 years old. They are not Statute Barred unless of course the OP lives in Scotland

[HighFly]

ODC

 

The more the merrier.

 

You may have missed my comments earlier that, by deduction, these debts, if at all mine, must be atleast 6 1/2 years old.

 

Quote from earlier:

 

My last involvement with the Co-Operative Bank was well before I became ill 5 years ago and, as far as I recall, before I met my (current) partner of 6 1/2 years.

[ODC]

Sorry I was going by the bit where you cut up the cards 5 yrs ago