Jump to content


  • Tweets

  • Posts

    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
    • It's a shame that your friend didn't take care of this while he had capacity and before he left the country, isn't it? He seems to have made your mission impossible. HB
    • HB - this form and process is as I remember it from handling relatives cases.  It's a timing thing.  Which has passed in terms of my friend
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lowell Statutory Demand - Advice needed please.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4328 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've just been served (By hand/through the door after a visit where they were told I was not in )with a Statutory Demand from Lowell for a total of approximately £1800

which is made up by an old credit card account (approx. £1500) and Building Society over draught (approx.£300).

 

The Statutory Demand appears to have all the information on it that it should have according to information I have read here and be worded correctly.

 

I was wondering should I attempt to have the SD set aside?

Could I request it being set aside if I send CCA requests to Lowells and they do not provide the requested documents in time?

Is this often deemed a good enough reason for the SD to be set aside?

 

Any help would be most appreciated. Thank You.

Link to post
Share on other sites

You should most certainly set it aside........when was the last time you made any kind of payments towards the debts ? (or acknowledged them in writing ?) i.e any chance either of them are statute barred ?

 

You will need forms 6.4 and 6.5 which you can download from here - http://www.bis.gov.uk/insolvency/About-us/forms/england-and-wales

 

Do read the other Lowell threads on statutory demands and try and understand what is being said, you need to submit the forms to the closest county court to you that handle bankruptcies/insolvencies you can check this here - http://www.justice.gov.uk/courts

Link to post
Share on other sites

Thanks for the reply 42man. If the dates on the SD are correct then the credit card debt is not statute barred. I have not made any payments or acknowledged the debt since late 2006. I have read some of the other threads but many of the posters seem to have an obvious defence (statute barred etc.). Do you think it's still worth trying to get it set aside just on the grounds that a petition for bankruptcy is an extreme measure for debt recovery?

Link to post
Share on other sites

Do you think it's still worth trying to get it set aside just on the grounds that a petition for bankruptcy is an extreme measure for debt recovery?

 

Not on that ground, no. The creditor is entitled to be paid lawfully due debts and, if the debt is more than £750, then the creditor is entitled to petition for bankruptcy. The court cannot assess whether bankruptcy is a proportionate measure, there is no such thing as a 'bankruptcy scenario' (see John Lewis v Pearson).

 

If you do decide that you owe the money I would suggest you make an offer to repay or or secure it against property, that is a way of defeating bankruptcy where the debt is owed. Be aware that even if you did succeed in avoiding bankruptcy by having the demand set aside the creditor could still issue a court claim against you to recover the money that way.

Edited by asokn
Link to post
Share on other sites

I've recently been served a SD by Lowell. The amount claimed is about £1800 which is made up by a Credit Card Debt of £1500 and a smaller debt of £300. Neither debt is statute barred and the SD appears to correctly worded and legitimate and I do have assets. The amount owed on the credit card debt has not been bumped up with interest or other charges.

 

If I was to make them an offer how should I go about it? Should I just send them a copy of the "Full and Final Settlement" letter 'J' ?

 

I'm under pressure financially so what % of the total demand do you think they would be likely to accept as Full and Final?

 

Are there any potential pitfalls in the negotiating procedure that I should be careful to avoid? Thank you.

Link to post
Share on other sites

Have Lowells actually bought these debts ? Did you receive a letter advising that the debt had been bought by them ?

 

If Lowells own the debt and you have confirmation of this, then you have a few options. For a F&F offer, I would think that Lowells would be looking at a 50% settlement as a minimum. But you also consider entering into a repayment period with them, paying what you could afford each month.

 

The other option is to CCA them and ask them for proof that Lowells own the debts. If they can't supply the CCA or a reconstituted version, then you can put the accounts into dispute. Lowell will have to put collection on hold, until they have supplied you with the CCA's.

 

If you read up about the issue of SD's, they are being used a debt collection tool, which is frowned upon by many judges. In most instances the debt company never proceeds with any bankruptcy and the SD period lapses. I believe Lowell would have 6 months, after the issue of the SD to take forward any proceedings.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

You would need to let us know a llittle more about the 2 debts involved. Had you not been paying the original creditor before Lowell got their sticky paws on them?

 

Had you received valid default notices prior to the accounts been moved on ?

 

Had you received any other communication from either Lowells or the original creditors demanding repayment?

 

How old are these agreements.. did you enter into the contracts prior to 2007 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks for the replies @ citzenb; I can't really remember exactly what I received from Lowell, certainly a lot of letters regarding a couple of 'Lowell Accounts' to which I never responded by phone or letter.

 

The credit card contract was entered into in 2006

Link to post
Share on other sites

Hi Panyaa

 

Futher to what CB has asked, have you got any Penalty Charges or have you been Mis-sold PPI on these accounts? You can claim these back for the last 6 years plus as well as interest. They might owe you some monies. Have a read of 1,2 and 3 in my signature.

Link to post
Share on other sites

  • 2 weeks later...

After the receipt of a Statutory Demand from a DCA, I now intend to send them enough money to bring the already acknowledged debt to below the £750 limit for bankruptcy proceeding.

 

1. How should I send the money? Personal Cheque?

2.Who should I make the cheque payable to? The DCA or the representative named in section B of the SD to whom "any communication regarding this demand may be addressed" ?

 

I want to maintain an element of surprise and be able to show that I made the offer of payment in case they decide to file prematurely.

 

Any pitfalls I should try to avoid in my strategy to avoid a Bankruptcy petition being filed? I don't have much time left now although I have sent them a letter offering to compound for the debt. They have tried to phone me but I have decided to take the advice offered here and keep it all on paper. Thank you.

Link to post
Share on other sites

Will try to find someone who can answer this for you.

 

Do you have their bank details - they normally attach a Direct Debit slip at the end of most of their correspondence.

 

BRB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

@CitizenB , I can't find any of Lowells previous correspondence as they did they switching trick (Lowell, Red etc.). @ims21, thank you. I will only use this thread from now on.

Link to post
Share on other sites

@CitizenB , I can't find any of Lowells previous correspondence as they did they switching trick (Lowell, Red etc.). @ims21, thank you. I will only use this thread from now on.

 

Lowell, Red and Hampton are all the same company..

 

I have flagged the query for attention.. so hopefully someone will know the answer.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

As 42man said on another thread on exactly the same scenario Lowell

have taken to taking two or more debts and combining them on one SD

every detail of a Lowell SD must be carefully scrutinised.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

After the receipt of a Statutory Demand from a DCA, I now intend to send them enough money to bring the already acknowledged debt to below the £750 limit for bankruptcy proceeding.

 

1. How should I send the money? Personal Cheque?

2.Who should I make the cheque payable to? The DCA or the representative named in section B of the SD to whom "any communication regarding this demand may be addressed" ?

 

I want to maintain an element of surprise and be able to show that I made the offer of payment in case they decide to file prematurely.

 

Any pitfalls I should try to avoid in my strategy to avoid a Bankruptcy petition being filed? I don't have much time left now although I have sent them a letter offering to compound for the debt. They have tried to phone me but I have decided to take the advice offered here and keep it all on paper. Thank you.

 

 

I have brought forward the question that requires and answer :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Lowell online bank account number40997765 the sort code is 20-19-90 then all you need to add is your reference number.

 

The first and most important thing to do is ignore the above! Do not under any circumstances pay a DCA a penny without full investigation.

 

Have you received an answer to your CCA request? I realise time is limited but I would be taking steps to have the SD set aside. Some further advice will be forthcoming soon from people here with experience of dealing with lowlifes such as Lowell and their SD.

Link to post
Share on other sites

I must admit, I am surprised you arent making an effort to have this set aside.

 

I think at the beginning of the thread you were pretty sure that no payments had been made to this account since 2006. Did you make any checks to see if you could be more accurate as to the last date payment was made / first payment missed ?

 

They have lumped together two debts one of which is a credit card and presumably the higher balance of the two.

 

It might be worth a quick call to the original creditor and ask when the last payment was made !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...