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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Lowells/Lewis Investigation Services - Statutory Demand - Help Please


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Today we have had a letter in the post saying that Lewis intend on serving a statory demand next week with a day and time and they also state that they will post through the door if we arent there.

 

I think it could be an old Barclaycard and no payment has been made for some time, but not long enough for it to be SB.

 

Help what do we do, as we are going away camping and I need it sorted before we go, or wont relax

 

Thank you

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Just had a look at paperwork and this has been passed around to lots of different DCA's and the last letter we had from Lowells was last year and offering a 50% reduction. Then this letter and nothing in between. I dont have any other paperwork, no original agreement but I do know this was taken out over 11 years ago

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Not a great surprise using SD's as a tool for debt collection, just shows you how desperate these children are now.

 

Thats you first complaint to the OFT.

 

Check your credit file, see if anything is on their.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will check credit file when hubby gets in as need his card to do it. What should I be writing to OFT please and should I be requesting copies of all the documents as never requested CCA or anything else and no notice of assignment for Lowells

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Checked credit file and Lowells is listed on there, defaulted in 2010. But the original creditor says satisfied, suppose that was when Lowells bought it out.

 

 

The balance has gone up by just under £200 and dont know why. Original agreement was in the 90's

 

Been reading around the forums and going to CCA Lowells tomorrow in preparation for the SD arriving next week and will SARS the OC, but know thats unlikely to come through any time soon. I am sure its made up of lots of charges and thats why they offered a 50% reduction.

Edited by Craftygirl42
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When did you take out the card? If it was post 2007 then CCA request will pretty well be redundant, esp if you opened this online.

 

But you can still do it, if for nothing else to slow lowlifes down and make them realise they're not in control.

 

SAR to the OC is a V.good idea, so as to find out exactly what is owed, and what is charges/fees that you can reclaim.

 

Then once you know what is physically owed then you can set up a standing order to pay sharklaycard direct ignoring lowlifes and making them redundant.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Right we have had the SD and was wondering would we jeopardise our position if we attempted to agree a payment plan with them. I dont think they will accept, but worried about losing our house

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What is it with lowlifes issuing SD's like confetti??

 

You need to acknowledge the SD, and then put in a defence, DON'T allow lowlifes to win this despicable vermin!

 

I'm out of my depth with SD's but plenty of others will be able to help you defeat them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka - thank you for your support. Its just going to attend court is very difficult for us as its over 30 miles away to the one who they have put on the SD.

 

I was just wondering if I can sort it by making a payment offer

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If the court is not your local or nearest one, then you CAN have it moved to one which is suitable to you.

 

Please don't feel bullied into paying money you might not owe, especially to these clowns.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You can look here to see if the court nearest to you handle bankruptcies / insolvencies - http://www.justice.gov.uk/about/hmcts There is a drop down list of courts, find the nearest one to you and see if they do indeed handle these cases (bearing in mind a number of courts have closed / transferred cases to those which aren't closing. I presume it isn't statute barred, have you sent off the CCA request ?

  • Confused 1

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Just looked and there is one nearer that deals with it, can anyone tell me how I get it moved to there please

 

 

Please don't take any notice of any courts that a creditor puts on a SD.

 

At the moment, no court knows anything about this. This is just a piece of paper that they have printed off and filled in your details.

 

It is NOT a case of getting it ''moved'' to your nearest court - it hasn't been anywhere near a court yet

 

In fact, it is YOU that will be commencing court proceedings against them. So, if you choose to get this set aside then you just fill in the details of your local court that handles bankruptcies.

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Thank you Nicklea and 42man. Just got back from camping and now to deal with this. So I just send the forms to the local court, I live on the borders of two counties and the one thats in my postal county is quite a long way from me. I am going to deal with this Monday and sort out the statement.

 

Yes 42man the CCA request has been sent and surprise surprise not a dickey bird and neither have they answered an offer letter that was sent to them last weekend. So going for the set aside that has to be in by the end of the week, will post next day delivery to the court

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If we agree to a payment plan to hold off having to go to Court for the set aside, are we able to still put the account in dispute if they dont respond to the CCA request, which was sent approx 2 weeks ago, so will be in breach about the time the Set Aside is due in. Just trying to work out what is the best way forward for us. I do realise they have sent the SD to get us to contact them and to make a payment.

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Hi CG....a payment plan isn't always a reason for them not progressing a stat demand to petition stage, as you will know there are many issues surrounding credit agreements, ppi, default notices, charges etc etc correct terminations etc, if you strengthen your resolve and are not afraid to show the judge that you are setting aside against this horrible company's methods, then (and providing you get a half decent judge) you will get it set aside. Only you can make that decision. A Judge should set aside if (there are triable issues) you can show through your defence and higher court cases, and their breach of OFT regulations and a clear breach of CPUTR2008 in line with their association body's code of conduct.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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If you offer repayment it starts the statute barred clock again.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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  • 1 year later...

Just a little update on this as been dragging on for a long time.

 

The SD scared the life out of us as we own our own house with some equity, so decided to agree a payment plan with them. We also requested a copy of the agreement which we not supplied with. We decided earlier this year to stop the payments and explained that we didn't think this agreement was enforceable. Today after its taken them some months to investigate our complaint they have written to us saying they have written the account off and it now has a zero balance.

 

I am angry that they put us through the stress on an unenforceable account and threatened us with bankruptcy but glad in the end I found the courage to fight them at their own game

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Good news then! However if it were me, I would be demanding a refund of any money you might have paid them.

You did report them didn't you?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Well done, as for requesting a refund of monies paid then I think this is going to be difficult, bereft of any court case or hard proof / evidence of any excessive pressure then I think you will have to let the payments you made go.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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