Recieved SD from Hamptons, Lowell portfolio l LTD

[42man]

Yes you MUST attend and fight your corner.....

[foggy123]

If this is the case I ask why have they done this to me, if it were my debt, it is not as much money as it will have cost them up to now. Aaaaaaaaaarg.

 

Thank you for advice about Annulment Hearing I will be there.

[vint1954]

Hello,

Hamptons send so many legal letters, hoping I am sure, that you ignore statutory demand, which they do not deliver to your person,

and then they swoop in for the kill. Why the Courts are allowing this I do not know. The Judge in my case told them this should have been a CCJ but they just shrug their shoulders.

Lowells are on a list at The Ministry of Justice as one of the Debt Collecting companies that drive people to suicide.Why then are they allowed to continue?.

An update on my case, the Insolvency Service have informed me today that my Annulment application is to be heard on Monday at 2pm, They were not sure if I needed to attend, can you help at please?

 

As 42man says, YOU MUST ATTEND. You will need to put your case in person.

[will lliw]

Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

[citizenB]

Good, at least you have it submitted now. Interesting that nothing has yet been filed by Hamptons !

[vint1954]

Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

 

Fingers crossed Will. Keep in touch with the court by phone, to see if there is an outcome.

[vint1954]

Good, at least you have it submitted now. Interesting that nothing has yet been filed by Hamptons !

 

It appears that they have sent the SD to the wrong court.

[citizenB]

Oops - well surely they should know where to send it ?

[vint1954]

Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

 

Will,

 

Did the court suggest that they had not even received the SD application

[vint1954]

Oops - well surely they should know where to send it ?

 

You would have hoped so.

[will lliw]

Very interesting indeed, and well glad i finnaly got it filed despite the flatty! Thought i might get somthing in the post today from them follwing my CCA request, prob turn up soon no doubt.....

[will lliw]

Will,

 

Did the court suggest that they had not even received the SD application

 

Erm, the clerk said my application was going to be looked at by a judge urgently, prob within 5 days due to it being late. The clerk confirmed that no petition had been recieved and when I asked about the certifiacte of service I learned that for an individual it is submitted at the time of the petition so in effect Hamptons have submitted nothing to the court as of yet.

[will lliw]

The court named on the SD say its not them any longer and the court I was directed to can't confirm or deny whats going on with the boundrys. The county court that used to serve my town was closed atleast a year ago and after a quick google I found documents to that effect (downloaded and kept safe just incase).

I asked the Clerk today about what court my town is under but there seems to be some confusion at present within the courts themseloves as I couldnt get a decisive answer out of the clerk.

Interestingly the government have closed these courts in order to save a few million quid, not hundreds or tens just a few million quid! Peanuts for G8 country spending billions on illegal wars, but ok to jeperodise the access to justice for its own people, a right enjoyed by Englishmen since Magna carta! They could find this money if they route down the sides of the sofas in the house of lords I bet!

[vint1954]

The court named on the SD say its not them any longer and the court I was directed to can't confirm or deny whats going on with the boundrys. The county court that used to serve my town was closed atleast a year ago and after a quick google I found documents to that effect (downloaded and kept safe just incase).

I asked the Clerk today about what court my town is under but there seems to be some confusion at present within the courts themseloves as I couldnt get a decisive answer out of the clerk.

Interestingly the government have closed these courts in order to save a few million quid, not hundreds or tens just a few million quid! Peanuts for G8 country spending billions on illegal wars, but ok to jeperodise the access to justice for its own people, a right enjoyed by Englishmen since Magna carta! They could find this money if they route down the sides of the sofas in the house of lords I bet!

 

Indeed will.

 

Hopefully the judge will throw the SD out,as they have nothing else to go on. Judges do not like the SD system used as a means of debt enforcement.

[will lliw]

I hope your right and I just hope the judge can get past my late application, guess I will find out soon and have left enough tracks here for others that may wish to follow in my footsteps.

 

What do you think of my statement as im worried a judge having a bad day might refuse it? post 74 http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page4

[42man]

The petition will be served on you first, then filed with the court immediately after service.....the court will only get a copy of the statutory demand if the defendant submits a set aside or if they progress to petition stage and they would have to attach the demand to the petition with an affadavit stating how service had been effected or if service hadn't been effected what attempts they had made and why they were 'posting' it.

[vint1954]

I hope your right and I just hope the judge can get past my late application, guess I will find out soon and have left enough tracks here for others that may wish to follow in my footsteps.

 

What do you think of my statement as im worried a judge having a bad day might refuse it? post 74 http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page4

 

You could have gone on the disputed debt as well. It is filed now so just sit tight.

[will lliw]

Oh! I was under the impression the petition went straight to the court, guess ive still plenty to learn 5 days into my insolvency law crash course!!!! Well I guess thats good news then since I havent recieved personally but did get those letters after SD time limit offering discounts to settle and warning me they will petition for bankrupcy.

[will lliw]

Thanks for FB!!! sitting at present but not so tight!!!

[renegadeimp]

Those letters were probably the creditor grasping at air because they know theyve messed up.

[will lliw]

Morning all!!!

 

Recieved letter from the court this morning

 

 

 

 

 

The court has recievd your application to set aside a demand.

 

Your application will not be given a hearing date immediatly. It will first be refered to a district judge. If the judge considers thjat your application shows no cause for setting the demand aside, your application will be dismissed. If this happens you and the judgement creditor will be told.

 

If the district judge does not dismiss your application on this first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered.

[renegadeimp]

Fingers crossed!

[Guest]

Morning all!!!

 

Recieved letter from the court this morning

 

 

 

 

 

The court has recievd your application to set aside a demand.

 

Your application will not be given a hearing date immediatly. It will first be refered to a district judge. If the judge considers thjat your application shows no cause for setting the demand aside, your application will be dismissed. If this happens you and the judgement creditor will be told.

 

If the district judge does not dismiss your application on this first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered.

 

 

basically saying that if j accepts 'out of time'/late application and there is poss cause then a hearing date will be set. otherwise dismissed.

'If the application to set aside the statutory demand is not dismissed immediately, the court will fix a time for hearing the application and give 5 business days’ notice....'.... 'If the court dismisses the application to set aside the statutory demand, it must make an order authorising the creditor to present a petition immediately or at a specified date' (etc post #4)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited July 11, 2012 by Ford

[foggy123]

Hello,

Your postings are helping me although I am further down the line, it is making me realise how wrong the Courts can be its almost as if we are the ones that should know more than they do. My annulment hearing is on Monday, will Lowells be there do you think?

[citizenB]

Hello,

Your postings are helping me although I am further down the line, it is making me realise how wrong the Courts can be its almost as if we are the ones that should know more than they do. My annulment hearing is on Monday, will Lowells be there do you think?

 

I think 42man will probably be able to answer that one, foggy.