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

[Guest]

no accurate cca request compliance = no court enforcement ie could be enough to set aside?

if negotiate an agreement, ensure sd withdrawn or at least an undertaking no petition whilst agreement adhered to.? what they do cf. what they state in writing could be quite different. but, it would go towards negating any subsequent petition.

see what 42man etc say

Edited October 16, 2012 by Ford

[d33]

ok, as i thought, so from my understanding try to negotiate with them ?( even though they probably 90 % dont have the correct paperwork), and/or get set aside just in case.

Is it better to advise them of my intentions to set aside ? does it put me in a better position to make a deal with them? or should i just do it anyway.

does anyone have experience of what they might accept as a final settlement?, somebody on another forum mentioned 20% , but i suppose that depends on what they can potentially get out of you.

[d33]

Also by negotiating with them, am i as such admitting the debt and would this then destroy my defence when applying for set aside? . thanks

[42man]

You need to demonstrate triable issues

 

No agreement (and even then does it contain the prescribed terms ???) Does the interest on the statements add up to what the agreement says ? (High court reference here is Kotecha vs Phoenix)

Is the default notice compliant ? is there any PPI ?

 

Have a read through some of the threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[d33]

the paperwork that was sent to me by credit solutions ltd 2 years ago doesnt tally up, lots of statements and then a copy of 1974 cca with at the bottom 'sign here if you wish to cancel etc' , but my signature isnt anywhere and also the account number on this form is different to the one on all of the statements. I assume i should use this as part of my defense for set aside?

[d33]

If i get in writing from them that they withdraw the demand, can i rely on this without having to set aside?

[42man]

In which case you deny it being your account.....and yes if you get it in writing that they withdraw then you won't have to set aside, but it may reset any statute barred attempt.

[d33]

Okay thanks, would it be in. My interests to mention sar. With inaccurate account. Numbers which was sent 2 years ago, or not mention and rely on their non response to my cca. Request?

[d33]

Also if iask them to emaill a withdrawal , would this count as in writing? I am unclear on this. Thanks

[42man]

Yes if they sent you a withdrawal in writing then it would count, I am pretty sure you can use an email as evidence.

[d33]

ok, i spoke to the legal firm this morning, had to set up security questions etc, asked to be put through to person named on stat demand who wasnt available (earbells ringing), passed me onto a colleague, explained the situation that i had sent cca request etc 14 days ago, he said they had passed this info back to their clients, who have said that they cant produce any documents and as such they wouldnt be able to proceed , and the alleged debt would just be passed back to them.

I was kind of suspecting this, but was also on the verge of offering payments to get them off my back. but then i am also a bit concerned that they are lieing, and just want to bankrupt me.

[d33]

I also asked him to withdraw the stat demand otherwise i would have to set aside, which i want to do he said it wouldnt be withdrawn just wouldnt be followed through with. Now i am a bit stuck with what exactly how my defense should be worded, any help would be grateful thanks !

[42man]

Carry on as you were.....if they have the sheer temerity of sending you a demand which they aren't prepared to follow through then the judge should send them to hell....as you have seen Lowells do progress to petition stage. If they aren't going to do anything about it then you MUST report this to the OFT, unless you have it all in writing then you should continue. Did you see this - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[42man]

If they can't be bothered to run up to defend then you take it to court and set it aside and claim your costs and have a good Christimas....

[Guest]

d33

they do not actually own the debt!? and will just pass it back to their client! post #36. did they have authority from client to issue an sd? what do the particulars say on the demand? as 42man says, looks like they may be using it as a 'tool'/bluff, a 'tactic' they have been reprimanded for prior!?

[d33]

It says this demand is served on you by the creditor : lowell portfolio 1 ltd

 

signature of individual....

 

*position with or relationship to creditor: litigation executive with bw legal solicitors for the creditor

*i am authorised to make this demand on the creditors behalf

[d33]

as far as i was aware all contact had to be with this person named on the form, or demand once again is invalid?

 

I was told this person isnt available when i rang and passed onto somebody else who said it doesnt matter

[Guest]

ok, sols say that they have authority from creditor lowell. presume then that lowell own? (had thought maybe a bank still owned)

they say that they cannot comply with cca request? could well be enough on its own to set aside sd? see case law also. valid default notice?

but, there may be this issue re whether out of time or not. would be for J to decide whether to accept or not, if application is not dismissed straight away.

if trying to settle, without a withdrawal, try to get an undertaking in writing that there be no petition whilst agreed payment agreement adhered to.

Edited October 19, 2012 by Ford

[d33]

i have a letter from process server clearly stating that i will be served on the 2nd of october, so i believe i have until monday to submit? 18 days from date ignoring the weekend, as day before. think i am right ?

[catquest]

the paperwork that was sent to me by credit solutions ltd 2 years ago doesnt tally up, lots of statements and then a copy of 1974 cca with at the bottom 'sign here if you wish to cancel etc' , but my signature isnt anywhere and also the account number on this form is different to the one on all of the statements. I assume i should use this as part of my defense for set aside?

 

Is your name and address on it ?

Then it complies, there does not have to be a signature and most agreements don't have any card number

[Guest]

i have a letter from process server clearly stating that i will be served on the 2nd of october, so i believe i have until monday to submit? 18 days from date ignoring the weekend, as day before. think i am right ?

 

 

ok, you said in first post that was received 'yesterday' ie 2nd, so would still be in time then. if applying, could use that letter to substantiate? weekends could be inclusive?.

Edited October 19, 2012 by Ford

[d33]

where can i find a link on how to fill in form 6.5 ? thanks

[Guest]

6.5 is the statement in support of 6.4, to set out grounds/reasons for set aside. think of any counterclaim and/or 'triable issues'.

6.5 provides certain egs to say, but can also include any other reasons applicant considers applicable ©. eg any dispute/triable issues; such as non compliance with statutory cca request, no signed agreement? if applicable, valid default notice?, amount, etc

Edited October 19, 2012 by Ford

[d33]

ok, i need to have 4 copies of 6.4, 6.5, stat demand,letter that came with stat demand process server letter, cca request , and proof of cca request. anything else i have forgotten ?

[d33]

also would it be in my interests to mention this in my 6.5 or keep it simple?

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.