Lowell using SD for old BC debt **WON WITH COSTS**

[Noumidia]

Hi Everyone, I am new to this site,

but I was reading every single thread for involving the lower DCA.

 

I have been badly treated and intimidated by these DCA in the past.

 

However, I learned my lesson not get intimidated by DCA and face them.

 

In 2006, I defaulted on Barclaycard then I closed the account with an outstanding balance of £1994.

 

I start paying moorcroft £25 a month until 05/2008 when I lost my job and the closing balance was £1564.

 

In 2009 my wife lost her job, and I borrowed £3000 from relative to cover for our mortgage for few months.

 

I put the cheque into my Barclays current account, suddenly I realised that £1600 was missing,

I phoned the bank and they said that the amount of £1600 was debited by Barclaycard and is irreversible and you should contact Barclaycard department.

 

I contacted Barclaycard and trying to get my borrowed money back and they refused and threaten them to go to the court to claim it back,

because that money was there to cover mortgage and the mortgage is the priority debt.

 

Barclaycard asked me to send them a photocopy of the mortgage statement and refunded half the money because the mortgage is in both names me and my wife.

 

Two weeks later, bc wrote me back and said thank you for the payment,

however there is an outstanding of £770 please call us back to make an arrangement,

I call them back,

 

I said I am willing to pay you £1 a month take it or leave it if you are not happy then go to the court ,

this was last time I spooked to them and

 

on 07/2011 they sold my debt to lower Lowell.

 

On day, the lower Lowell phoned and they asked me to confirm my name, address, date of birth and all the usual questions for security reasons,

 

I said yes:” by the way, is you who call me out of blue and can you confirm your name, address, and date of birth and social security for security reason.

 

The lower lowell man replied:” I can’t do that” and I said therefore I am not giving my detail to strangers, it must be a fishing [problem].

 

The lower Lowell man was so annoyed he hang the phone on me.

 

They started sending me threatening letter, I ignored them and I was ready for them as I have nothing to loose ,

my CRA file was in a mess because of these DCA dirties tricks and intimidating method.

 

The lower Lowell with their usual trick they posted an SD through the door.

 

The SD was serviced on 29/02/2012 and they posted 14 days later through my door.

They did that in purpose so I would not have the time to set a side the SD.

 

As I was prepared for them, my CRA file does not have any trace of Barclaycard or lower Lowell and.

I filled the form 6-04, 6-05 and send them to the court.

 

Lower Lowell thinks, that I may panic and call them to settle the account “No way hosay” or they think that maybe I will ignore the letter and miss the deadline.

 

Well as I said before DCA the play every single dirty trick in their books to get money from hard working people.

I think DCA are related somehow to hyenas, because hyenas to get their food either they chase a wounded animal or they eat what is left over.

 

I am not contacting lower Lowell to let them until I face them in the court.

Edited March 17, 2012 by Noumidia

[rebel11]

Hi no

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

[cerberusalert]

Have Barclaycard added any unfair charges & was there any PPI?

[Noumidia]

No PPI, but i am pretty sure they did add unfair charges.This account was defaulted long time ago.At the moment I am also claiming PPI on my overdraft wich i had since 1999 till 2009 and charges for credits card and bank a/c , thank you for you support Noumidia

Edited March 17, 2012 by Noumidia
add lines

[Noumidia]

I have court case against lowell to do with SD, which is due in May any advice ?

[unclebulgaria67]

Needs to be moved to Legal Forum of CAG. Will alert site team.

 

What court claim ? Petition for Bankruptcy ?

[ims21]

Thread moved to Legal Issues as requested by uncle b

[Noumidia]

The court claim is to set aside a SD ?

[asokn]

I have court case against lowell to do with SD, which is due in May any advice ?

 

You would need to divulge the details in order to get any meaningful advice.

[Noumidia]

What kind of details?

[unclebulgaria67]

On what basis will you be setting aside the SD ?

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.
  

[ims21]

Hi

 

Details that would be useful include (but are not limited to) the following

 

1 Date of hearing

2 Amount claimed in the SD

3 Reasons for your request to set aside

4 when was your last payment to the account (Was it in fact in 2009)

5 Details of any unlawful charges added to the account if you know them

6 whether you have sent a SAR to get a full picture of teh account or whether you have all the statements already to hand

 

This will be a start I think

 

ims

[Noumidia]

The date of the hearing is 15/05/2012,

the amount in the SD is £ 770

and i have sent for CCA on 19/02/2012 which i assumed they defaulted as they did not provide it.

 

1) The defendant disputes the alleged debts substantially and the whole debt is bellow £750

2) The claimant has served the Statutory Demand on 29/02/2012;

however, I received it on 13/03/2012.

Therefore, the defendant avers that the Statutory Demand was not served correctly by not allowing 18 days to apply to set aside the demand

3) The claimant has failed to provide a copy of the agreement despite a legal request made under the Consumer Credit Act.

4) The claimant has failed to provide any deeds of assignment

5) The claimant has failed to provide a default notice (which contains the prescribed terms) as required under the Consumer Credit Act

[unclebulgaria67]

Re point 1). How have you come to the conclusion that the debt is below £750 ? How have you disputed the amount of the debt previously ?

[42man]

It is a pity you couldn't have stated that the debt has additional and unlawful charges added to it.....make sure you claim your costs too, which have to be in the court at least 24 hours before the hearing... - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

[Noumidia]

Thank you 42man, i did read and follow most of your Trhead and found them very helpfull, However Lowell never added any charges to original debt,but may be barclaycard did. Anyway, whether the outcome of the court i dont mind, if i win is another win against them and if lost is just another experience to learn from it and share it with other.

[Noumidia]

I have a court case tomorrow, is it to late to claim for the cost ?

[42man]

You need to fax it to the courts or take it in today - info here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

Litigant in person rate is now £18 per hour

[Noumidia]

Is there any special form to fill ?

[42man]

No, you need to title a sheet of paper with LITIGANT IN PERSON COSTS

[42man]

Costs For

set aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £18 / 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 @ £18 per hour

 

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

 

3) 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).

[Noumidia]

Ok, thank you for you support and tomorrow i will let you know how i got on at the court.

[Noumidia]

Lowell solicitor tried to negotiate with me and told me that statement is basic one and the SD was not a threat.

 

I told their solicitor” if they you can provide a proof that I owe money to lowell then I may negotiate,”

and also said let the judge to decide the outcomes.

 

Lowell solicitor asked the judge for more time to provide the proof as they are waiting for the bank to send them the necessary paper.

The district judge gives him till 12 June 2012 to comply and provide evidence.

 

I had a feeling the judge (Nice Lady) was more lenient toward me and she asked me if I understood what is happening,

I replied “Yes.”

 

Finally, she said to me if they don’t comply within the set date, then write to me for non compliance.

[42man]

I think a SAR to the original creditor may be a good idea too (if you haven't already)....

[Noumidia]

Hi 42man, the original creditor is Barclays and i had multiple accounts ( Barclaycard and Master card), do i need to pay £10 for each account or one single payment for boths account for SAR, because i am also claiming PPI and excesive charges and thank you for the assistance to all the GAG.