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

[Guest]

up to you, you said before that the current cred who has issued demand said they cannot provide required docs?

Edited October 20, 2012 by Ford

[d33]

thats right

[Guest]

then it is in dispute with them?

[d33]

2 problems submitting my set aside forms yesterday :

 

went to the court yesterday, despite it being the one on the demand letter, it was the wrong court, and despite being told on the phone by someone from the court that i yesterday would be within the timescale (as the 18th day was a weekend), it appears this is wrong, even though the person checked with 3 people

 

I was told i would have to pay £35 enter another form explaining why for was being entered late, so i wrote 'wrong court put on the demand' i posted recorded delivery yesterday.

 

It seems these companies are deliberately entering wrong courts to confuse things,when people are trying to set aside, i dint get a chance to mention this on my statement, but will at the hearing

[Guest]

i did mention that weekends would be inclusive! ie calender days.

anyway, yes use all that re lateness albeit a couple of days. hopefully a hearing will be set where it will all be heard, including the lateness. afaik, reason for any lateness can be entered on the same sd set aside form.

Edited October 23, 2012 by Ford

[d33]

I received a letter back to day saying application to extend time for bringing the application to set aside was stood over by judge *****.

1) application needs to be amended to make application to extend time in which to apply to set aside.

 

2)the written evidence in support of application needs to state the reason for making the application out of time.

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they havent sent back any paperwork, they have cashed the £35 cheque and i clearly stated on the form which was stamped by the clerk, that the reason was for being late was they had put the wrong court on the demand. Any ideas what i do now? does this mean i have to go all the way to the court to refill in this one form again? this is dragging on

[42man]

You can make this as an additional witness statement if required.

[42man]

You can also state that the demand when YOU received it was over 3 weeks from the date on the demand....

[42man]

You can set out the events exactly as they happened

 

SD was dated 11th Spetember

Received by you via normal post 2nd October

You submitted your 6.4 and 6.5 and accompanying documents on (date)

 

You can even state that you believe the creditor is deliberately attempting to abuse the process by not having made any attempt at personal service and then posting it to the defendant without any time to allow a set aside at all...

 

And claim your flipping costs back.....

 

It wouldn't be the first time they had abused the process !! there is another thread on here where the creditor appeared at a hearing and had not even served the petition !!

[42man]

Did you state that they had also attempted to deceive you by putting the wrong court on the SD ? I would add that too (if you didn't first time)

[d33]

ok, just a bit confused about my next steps. im working evry day until next thursday, and the court is quite far for me to get to.

[d33]

the demand was delivered by the process server around 3 weeks after the date on the demand, ( from what i have read, the date of delivery is what counts)?, also on the late form stamped by the clerk at the court i put down that the wrong court was on the demand(didnt mention that they were deliberately trying to deceive me though)

[Guest]

re #56, did they send that re form 6.5 or that 'extra' form you did?

[42man]

You could post it recorded delivery....make sure the reference is on it though.

[d33]

Re: lowells statutory demand

 

re #56, did they send that re form 6.5 or that 'extra' form you did?

 

the letter is vague, i think i will ring the clerk tomorrow to find out exactly what i need to do

[Guest]

ok,. what did you put on 6.5 re lateness?

[d33]

i didnt put anything, because when i turned up to the court i thought i was at the right one and i was within the 18 days( i spoke to a court clerk the friday previous, who sounded like they were on work experience, to put it kindly who checked with 3 people that i would be in time if i submitted on the monday. On the monday i was told i was at the wrong court and i was given wrong information about the time to submit

[Guest]

i didnt put anything, ..

 

hence poss why #56! at least j has given further time to explain. could also refer j to that extra app'n you did?

as suggested, any app'n out of time needs to be explained, and extension requested, on 6.5.

Edited November 1, 2012 by Ford

[d33]

if i needed to amend the 6.5 to mention this i would have thought the clerk would of told me this, they were heavily understaffed but this is basic

[d33]

she said just fill in the late form and send £35

[Guest]

well, could include all this in your reasons and also refer to this 'extra' form that you were told to do

Edited November 2, 2012 by Ford

[d33]

so to clarify will i need to do a completely new application and have it all witnessed at court again?

[Guest]

order says an 'amendment'? as 42man says, could just involve an additional/addendum. double check with court whats required, post back re what they say.

Edited November 2, 2012 by Ford

[d33]

ok thanks will do

[d33]

the hearing date is set for next month. Just wondering what i need to prepare myself for, the judge i assume will have read through the statement, what i have sent is quite detailed.

 

will they just read through it and ask me questions, what sort of questions are they likely to ask?

i havent heard anything back from lowells regarding the set aside application, is quite likely that they wont turn up ?

Edited November 23, 2012 by d33