Lowell SD received - two sep debts merged as one claim - allowed??? - *** WON ***

[Benjieman1]

I hope someone can help.

 

I have received two visits from some one from Lewis Investigation Service.

In letter 1 it mentions serving a Bankruptcy Petition.

 

Someone dropped another letter with legal forms regarding making me bankrupt.

 

I am physically disabled and primarily house bound and am also being treated also for stress, anxiety, and depression with panic attacks.

 

Unfortunately this person came before my personal carer arrived and posted a,

‘Rule 6.1. Statutory Demand under section 268(l)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately’

from Hamptons Legal Solicitors who represent Lowell Portfolio 1 Limited.

 

In the letter they have lumped two debts together. Capital One and Hutchinson 3G UK Limited for a total combined sum over £1500

 

 

 

I do not recall signing a contract with Lowell Portfolio.

These are contracts that go back to 2004 & 2005-2006.

When I collapsed at work and was being treated by the mental health team.

I did hope to return to adult teaching but was released from job and was suspended from benefits.

 

Despite having insurance cover Capital One would not pay as they said I had a pre-existing condition which they new of.

 

3G refused to close my phone account when I made them aware that I could no longer pay monthly as I had been informed I could not return to work.

All call cost had been paid but these are charges they’ve decided to add on whilst refusing to close account.

 

Though challenged they will not accept this.

 

Between 2005 & 2008 a lot of my affairs was handled by debt line and mental health support.

 

I cannot recall talking or writing to Capital 1 or 3G for many years.

 

The forms are official but I do not see any court stamp or any contract.

 

But the Particulars of debt as shown as below:

 

Particulars of Debt

 

(These particulars must include

(a) when the debt was incurred,

(b) the consideration for the debt (or if there is no consideration the way in which it arose) and

© the amount due as at the date of this demand.)

 

The claim of the Creditor is for payment of £ being the balance of monies due against a credit account made between

The Debtor and Capital One Bank (Europe) PLC in respect of a Credit Card, under account number,

such agreement being regulated under the Consumer Credit Act 1974.

 

The rights and benefits of the said account were duly assigned from Capital One Bank (Europe) PLC to the Creditor by way of a Debt Sale Agreement dated

and notice of assignment having been served upon the Debtor by the Creditor on in accordance with the provisions of Section 136 of the Law Property Act 1925.

 

The balance of the debt at the date of this demand remains outstanding and due for payment by the Debtor in the amount of

despite previous written and verbal requests for payment being made by the Creditor to the Debtor.

 

Notes for Creditor

 

The claim of the Creditor is for payment of being the balance of monies due against a mobile telecommunications agreement

made between the Debtor and Hutchinson 3G UK Limited to which the balance outstanding relates to

airtime charges and / or rental charges or fees in relation to the agreement that was set up and serviced by the original creditor under account number.

 

The rights and benefits of the said account were duly assigned from the original creditor to the Creditor by way of a Debt Sale Agreement dated

and notice of assignment having been served upon the Debtor by the Creditor on in accordance with the provisions of Section 136 of the Law Property Act 1925.

 

The balance of the debt at the date of this demand remains outstanding and due for payment by the Debtor in the amount of

despite previous written and verbal requests for payment being made by the Creditor to the Debtor.

 

I hope someone can help me and my care team to address this matter.

 

I have 18 days I believe from their letters date

 

I am also getting 1, 3 even four calls plus from them which is getting me down and I will not now answer my phone to theirs or with held numbers.

 

Regards.

Benjieman.

Edited February 14, 2012 by Benjieman1
Been advised to remove dates and personal details

[padja]

Hampton Legal sit 2 desks down from Lowells all in same office. they are Debt Collectors I would be very very surprised if they will make you bankrupt I suspect its a scaring tactic to make you pay or contact them, but wait for someone with more experience than me as there is some serious questions here about whether you should be contacted at all. I'm sure you will get good solid advice but dont worry.

Edited February 13, 2012 by padja
spelling

[dx100uk]

have you a scanner?

 

can you scan up the SD please?

 

they cant lump 2 debts together like this

 

some thing smells here..

 

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[Benjieman1]

Having problems with JPEGs so submitting as PDF.

LowellHampton1.pdf

Edited February 14, 2012 by Benjieman1
Have included personal details need to remove

[dx100uk]

pers details in page 3

 

i dont think merged debts are allowed

 

this might be suspect and not allowed.

 

await help.

 

dx

[42man]

Firstly you MUST get this set aside, are Lowells aware of your personal circumstances ? probably not......I suggest you have a good read around these forums, just type in Lowell and/or Lowells and you will see plenty of other similar threads. You will need forms 6.4 (set aside) and 6.5 (witness statement) It seems clear that you have missold PPI on the credit card.....it would be interesting to see how much it is.

 

Have you been in correspondence with them recently / at all ?

 

And please note down all the dates / times they call......

 

I would also suggest a SAR to the original creditors too which will cost £10 each, but may be £10 each well spent....!!

 

Don't be surprised if the debts are statute barred either certainly if you have not made any payment towards them for at least 6 years (5 in Scotland).....

 

If you need help with your witness statment or are struggling to understand how to set this aside, then please don't hesitate to shout..........and please try and relax as best as you can as there are plenty of others here who are in similar situations as yourself.....

[42man]

Is the court named on the demand your closest ?

[42man]

Your 6.4 and 6.5 have to be in the courts within 18 days of the date you received the demand.......

[Benjieman1]

Yes Birmingham Magistrates

[Benjieman1]

I not sure mid 2000 I was pretty out of it and I recall something about debtline getting involved in my debts. The mental health support team and counsellor. I can not recall talking to them but could I could have. have

[Benjieman1]

I have not been in correspondence with Lowell as far as I'm aware

[Benjieman1]

Lowell are not aware of my circumstances as far as I am aware

[42man]

It won't be the magistrates court as that is for criminal offences.....I think it will be this one (which should be the one named on the demand)

 

Priory Courts

33 Bull Street

Birmingham West Midlands

England

B4 6DS

[42man]

If you have some help then that is excellent......you'll need forms 6.4 and 6.5 which you can find here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

Some help here how to fill out 6.4 - http://www.consumeractiongroup.co.uk/forum/showthread.php?162489#post1749288

 

Are you ok to potentially defend yourself in court in front of a judge ?

[42man]

Here are a few threads for you to read through... - BUT you must try and understand what is being said ? Do you have any access to Legal Aid ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?331758-Help-with-Statutory-Demand-from-Lowell-Investigations-Hampton-Legal-Please-Help!/page2

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?332388-Weightmans-SD-Threat-***CLAIMANT-WITHDRAWS***&highlight=CSA

[42man]

I suggest sending a CCA request out for the Capital One card too....but this does not apply to the mobile phone debt.....

[citizenB]

YOu have been served with a Statutory demand and it needs dealing with, with some urgency. You have 18 days from the date of the demand.

 

I have moved your thread to the legal issues forums and have sent out some S.O.S's for assistance.

 

Can you recall the last dates you made payments to any of these accounts ?

[dx100uk]

two threads merged and tidied.

 

keep to this thread please

 

dx

[Benjieman1]

Ok Thanks

[42man]

Are you ok with this ? Please make sure you get this set aside, and if there is anything you don't understand then please ask....

[Benjieman1]

Mr B is quite ill at present. I would like to assist him but am not aware of these procedures. Is there completed examples viewable thanks.

[citizenB]

Mr B is quite ill at present. I would like to assist him but am not aware of these procedures. Is there completed examples viewable thanks.

 

 

Sorry to hear this and hope he is feeling better soon.

 

If you scroll back to post # 15, some links to other threads have been posted up. Just click on them and you will see other examples.

[42man]

Post 14 above explains how to fill out the 6.4 form.

 

As for form 6.5

 

Then you would be putting something along the lines of.....

 

The defedant avers that the alleged debts are barred by the Limitation Act 1980

 

The defendant avers that the alleged debts have been in dispute since (date/year) due to the original claimant not paying out on any Payment Protection Policies despite the premiums being paid up.

 

In light of this dispute which the claimant clearly is ignoring I refer to -

 

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

 

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

 

The creditor is attempting to circumnaviagte the official bankruptcy thresholds and a previous dispute by rolling up the alleged debts together. The defendant avers that this action is unlawful, frivolous and by nature use of the demand in this instance, is clearly being used as a debt collection tool and an abuse of the process.

 

The creditor avers that the claimant is committing an offence under The Consumer Protection From Unfair Trading Regulations 2008

 

The claimant believes that an offence has been committed by the debt collection agency under The Consumer Protection From Unfair Trading Regulations.

 

Offences relating to unfair commercial practices. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

Which clearly state...

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct,

 

Interpretation2.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it;

 

“trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade

 

The defendant refers to the code of conduct stated by the Credit Service Association to which Lowells are a member -

 

The code of conduct clearly states

 

q) Where a debt or the sum owed is disputed, as

soon as is practicable, supply information to the

debtor in support of the claim. Where no

information has been supplied by the creditor,

obtain the required support, or failing that cease

collection action.

The claimant has failed to provide a defualt notice in the prescibed manner

 

The claimant has failed to provide a subsequent termination notice

 

The claimant has failed to provide statements for the duration of the agreement. (it being commonly known that some debts are made up entirely of excessive charges and/or potentially missold payment protection insurance)

 

The claimant has failed to provide a copy of my credit agreement/agreements despite my legal request and bereft of and support of the civil procedure rules.

 

The defendant gracefully requests the judge dismiss the demand

 

In light of the seriousness of this action, the frivolous use of the demand, the lack of information provided to the defendant and the upset and worry this has caused the defendant gracefully requests the judge dismiss the demand and grants a bankruptcy restraining order on the claimant.

 

The defendant also requests payment of my expenses either in the stadnard or indemnity I quote from authority -

 

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

[Benjieman1]

Many thanks we'll do so. Thanks for taking the time to assist.

[Benjieman1]

Thanks for this much appreciated. He's resting at present and will thank all when feeling better.