lowells statutory demand - **SUCCESSFULLY SET ASIDE - PLUS COSTS ** CHEQUE RECEIVED NOW **

[d33]

Received yesterday evening,

 

date on demand is 11th sept,

 

i assume date of service counts as from yesterday.

Not statute barred,

 

so need to find another defence to set aside,

 

The demand was put through door in plain envelope,

i had same problem a few years ago with another company connaught, which blem over,

but for some reason i think this could be real from other threads i have read,

really worried as i have a mortgage with equity,,

any help would be grateful,

 

excuse typing as on phone on my lunch break!

Edited October 4, 2012 by d33

[42man]

Moving to legal forums

[42man]

Hello d33 can you tell us a little bit more please ? is the debt statute barred at all ? any PPI ? excessive charges ? Have you ever disputed this previously ? Don't be too specific with dates amounts etc.....

[d33]

No because i was making token payments until around 4 years ago,i will need to check paperwork but im sure i sent request for cca around this time

[42man]

OK please tell me you still have a copy of the letter and recorded delivery slip....

[d33]

I will look when i get home. Also with the statutory demand there wasnt a name for the process server just a signature

[d33]

Does the 18 days count from when i received the demand was dated 13th sept but appointmemt was for yesterday and received it yesterday through communal entrance, thanks

[Guest]

18 days starts from deemed service. would prob need to prove service if disputed.

if poss out of time, then when applying for set aside would need to explain and request extension to the time limit.

check out lowell sd threads etc

Edited October 3, 2012 by Ford

[d33]

So the 18 days is from yesterday? from what i have read it costs them £100 +to pay process server, so they must be serious (just odd that there isnt a name of a process server on form, just a signature). this has come at a bad time as i am away for the next few days, and really dont have my head on tonight to deal with this. but i will definitely be looking to get this set aside (if possible), which from what i have read so far seems easy, yet people are being made bankrupt for unsecure debts ?.....

[Guest]

prob be from when put through the door, dependg on circumstances. they would have to make a statement re service and what day delivered.

[42man]

Did you find the original CCA request ? If it was me in your shoes then I would send them a letter by recorded delivery similar to the one in here - http://www.consumeractiongroup.co.uk/forum/showthread.php?367607-I-need-some-help-please!!!-1st-Credit-Statutory-Demand%281-Viewing%29-nbsp

 

You will find that they may see sense and drop all action....

[d33]

i couldnt find the original cca, so i sent another one to them recorded delivery last week, the layout was similar to your letter but i didnt mention to them about me setting aside, should i also send a SAR to the original lender?

[42man]

I think a SAR to the original creditor would be a good idea...

[d33]

I have read through alot of threads over the last few hours and im beginning to get in a bit of a panic. it seems this company have made alot of people bankrupt recently, these people all seem to be in a similar position to me.

My main concerns at the moment are:

 

- the date on the demand is nearly a month ago, even though i only actually received it last week (seems like a common practice of theirs)-- what if everything has already happened

 

i sent off the cca request last week, once the 12 days have passed do i assume they dont have it(am i in the clear?), bit comfused as read somewhere they have another 30 days after this to produce

 

 

 

Do i have anything to lose by getting a set aside (from what i have read no) but i find the layout confusing ie do i write ' the defendant disputes' or ' i dispute' , because when i tried to do this before a few years ago i was told by the clerk that i need to present it from my angle with bullet points. ie is it worth me getting a solicitor to write it for me ?

 

 

 

 

A solicitor advised someone on another board that he had little chance of getting a set aside, and in fact getting one is harder than what is made out (often judges will side with the creditor)

 

-If the statutory demand has been filed with my local court, would the court tell me over the phone if i ring , and do i assume they are 100 % serious about applying for the petition if they have done this.

 

If everything does get to the petition stage, would i be given any leeway time wise to sort out repayment via a loan (which my father could possibly arrange), bearing in my mind i have a house which i really dont want to lose.

[d33]

thanks for your help, by the way !

[d33]

Ok i have found another box of paperwork, supposedly relating to this debt, and found my cca request recorded delivery slip !

 

the request was sent to credit rosource solutions ltd in 2010, to which they responded over a month later with various bits of paperwork one of them being credit agreement without a signature or date on it !

 

the account number on the credit agreement is different to the one on the statements that they sent.

Edited October 10, 2012 by d33

[42man]

In which case you should set aside asap, and as part of your defence then they haven't complied fully with your CCA request...if you have statements for the duration of the account then you can go as far as checking the interest rates match up (as in Kotecha vs Phoenix)

[d33]

Is no cca after request adequate for me to set aside

[42man]

It shouldn't be your only reason to be honest - have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***

[Guest]

d33

this is what the insolvency rules say

'Where the debtor (a) claims to have a counterclaim, set-off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment, order, liability order, costs certificate or tax assessment) the court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.' Insolvency Pract Direction 13.4.4

some further info also

http://www.bis.gov.uk/insolvency/Publications

 

generally when applying to set aside, an application will either be dismissed straight away or a hearing scheduled to hear the application.

as posted before, you may be out of time depending on when it was served. in which case would need to explain circumstances eg communal box etc, and request on form application is heard out of time ie an extension to the time limit. this may be heard at the hearing if hearing scheduled.

if don't apply to set aside, they may then go on to petition re bankruptcy at some point. depends whether they are serious or using it as a 'bluff' (an SD doesn't formally'expire' as such unless setaside. or perhaps withdrawn?, so they would have the petition option otherwise or if no settlement). a petition can also be challenged, although it is a bit further down the line. if apply for set aside, and it is not granted then cred would still have the opp to petition, and J would have the option to order permission for a petition within x days. and if setaside granted, then they won't have the petition option.

could try for an undertaking from them that they will not proceed with petition if you need/want time to negotiate a settlement.

if able to get legal advice, do so.

Edited October 10, 2012 by Ford

[d33]

I have a letter saying they were going to serve me the statutory demand on xx date, so this will surely be adequate? I cant really afford to risk the consequences of what could happen so i think the best option to speak to them and negotiate providing they withdraw the demand

[Guest]

it prob would be from when sd actually served. but can mention that letter when/if applying for set aside. yes, if they 'withdraw' the demand. otherwise, it would remain open? though any adhered to agreed arrangement would prob go towards negating any petition if they then went on to that.

Edited October 15, 2012 by Ford

[d33]

no response to cca request 12 days gone, any advice?

[Guest]

14 days. depends what you want to do?

could send them a letter re no cca lets negotiate, undertaking no petition.

or, if applying to set aside, use that non compliance?

[d33]

ok, from what i have read non compliance of cca is not much of a reason, and i dont want to stress myself for another 40 days waiting for sar response.

I assume once i negotiate and get it in writing that they wont petition i am ok? or could they take monthly payments and then go ahead?