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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By Coleman0123 · Posted

      Hi,  It has been very stressful. I have just received a letter of 'Notice of Transfer of Proceedings' which states the case has been transferred to my local court and to await judge's directions. Is there still a possibility that it will not go to court? The other issue I now have is that I am moving abroad for work in the next few months and now might not actually be able to attend the court hearing!  I am not sure what the best course of action is now. I feel like after all this, the MET are going to win anyway! HELP! 
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      By HP Mum · Posted

      Thanks for jumping in Bazza.  I understand that some people would suggest this.  But no. The moot point is that there should not be any debt.  There shouldn't be any reason for me to be made B.  The lender / receiver are responsible for the property not selling in a timely manner.  Whoever heard of a (well-located nice) property not selling in >5y?    They have no reasons.   Disclosure has subsequently offered staggering evidence which corroborates lender bad behaviour, bribery, and collusion/ interference with the receiver.  I am holding them to account for this.  It is clear they don't want this evidence in the public domain - it will shred their reputation.   (One also has to understand that the ceo - with collusion and conflict of interest (using same lawyers as lender) and receiver - tried to get the property cheap for his own use) They now want to agree a settlement.  I have separately reported a lawyer for negligence to the LO and SRA. I want to report the receiver as soon as I understand how to.
    • Stripeycat
      PRA Claimform - old Newday Marbles Credit Card Debt

      By Stripeycat · Posted

      Same as Barclays one I have just updated on. PRA group have written back and told me they intend to proceed with claim, have also sent another stack of documents, similar to last time round. I did fill in an online income breakdown etc on their website  offering to pay them x amount of money back each month,  a couple of weeks back, they haven't acknowledged that ?  
    • Stripeycat
      PRA Claimform - Old Barclaycard debt

      By Stripeycat · Posted

      Hello, I wasn't able to update the defence, so they got the daft one.  Pra Group have responded dated 25th April saying they intend to proceed with claim. I have also received a stack of documents, similar to last time - print outs of old statements, but this time around they have send me a copy of the Barclay Card Conditions. Unsigned and dated. The address is an old address.  A consumer credit agreement with current address. Pages of it and no signature. I have uploaded onto a PDF what I have. The CCA agreement looks like a generic print out, I5 pages + long, I've included the 1st page that had my details on (redacted) don't know if its necessary to upload all of it.  Barclays 26042024.pdf
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      By BazzaS · Posted

      I suggested consideration of bankruptcy some years ago. It was not well received.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowells Statutory Demand

louisd77

By louisd77
in Financial Legal Issues

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louisd77

louisd77

Posted
Posted

Hi,

 

Was sent Statutory demand in July by Lowells. Asked for it be set aside & have a date in November.

 

I asked for the CCA in late July & any other information they had regarding the account but received nothing within the 12+2 days.

 

Today I finally received a copy of the agreement with a default notice.

 

What should the agreement include? Lowells say I owe over £4500 but have only sent a supposed transaction sheet which certainly does not add up to £4500.

 

Is there any defense against the statutory demand?

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dx100uk

dx100uk

Posted
Posted

what was the org debt about?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk

dx100uk

Posted
Posted

aha a catalogue debt

 

will be mostly unlawful £12 PENALTY fees i bet too.

 

have you got all the statements

 

if not

get an SAR off to littlewoods ASAP.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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catquest

catquest

Posted
Posted

The agreement should include your name and address, but doesn't have to have your signature. The terms and conditions should have the necessary prescribed terms and should be in the same document which could be "overleaf" or "attached" - see the wording near the signature box. Check carefully that they are the terms at the time, eg by checking penalties and telephone numbers

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  • 4 weeks later...
unclebulgaria67

unclebulgaria67

Posted
Posted

Yes it probably is, but this judge was obviously one who sides with debt owners (judge lottery). The main point of your argument should be a dispute about the amount owed and that is what you will have to continue with. You must continue to find out what is definitely owed and make any complaint you need to about unfair charges, PPI if relevant.

 

Lowells appear to wait about 6 months after an SD before they go for a bankruptcy petition, but they could do this at any time.

 

Sort out what is owed and then try to come to a repayment arrangement. This is on the basis that the debt is not statute barred.

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babydoll0141917

babydoll0141917

Posted
Posted

If you have no assets or do not own any Property ..It wouldnt be in their intrest to make you BR,, they would get nothing

 

My OH in the same pisition ..He didnt bother with the Set aside tho ..BWlegal ..reminded him that he didnt get it set aside and has failed to come to some agreement to pay ..He is paying £5.00 per month ..I told them that the petition will be challengedif one was issued ..He has nothing so £5 is better than BR

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Guest

Guest

Posted
Posted (edited)
Any help on this one?

 

...

 

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 asidelink3.gif the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.' Insolvency Practice Direction 13.4.4

Edited by Ford
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louisd77

louisd77

Posted
  • Author
Posted

This is a little confusing.

 

I lost the case to have the Stat demand set aside. I rang Lowell & asked if I could set up a payment plan but they have said it's not their debt it belongs to BW legal. So why does the witness statement & court details say that the respondent is Lowell? Why are BW legal saying there acting on the behalf of Lowell when Lowell know nothing about it?

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