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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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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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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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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.

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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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  • 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.

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