Lowells Statutory Demand

[louisd77]

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?

[dx100uk]

what was the org debt about?

 

dx

[louisd77]

Littlewoods. I signed the agreement in February 2007.

[dx100uk]

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

[Somebody Told Me]

For help with the court processes seek out 42man from the Site Team he's got experience of handling these before.

[catquest]

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

[42man]

Was it an online agreement ?

[42man]

Are you able to post up the agreement and default notice ?

[louisd77]

Was it an online agreement ?

 

No

[louisd77]

Are you able to post up the agreement and default notice ?

 

Yes will do.

[louisd77]

http://s640.photobucket.com/albums/uu129/louisd77/?action=view&current=SCAN0011.jpg

[42man]

OK and the default notice ?

[louisd77]

When looking through the correspondence there is only a notice of assignment from Lowells.

[Guest]

what did you state on form as your reasons for set aside?

[louisd77]

Didn't receive CCA request

No breakdown of what I supposedly owe.

Possible unfair charges

[Guest]

thanks

so, continue with that at hearing plus anything else? no def notice? etc

[d33]

im in the same boat:smile:

[catquest]

Didn't receive CCA request

No breakdown of what I supposedly owe.

Possible unfair charges

 

I thought you had now received the CCA

Late production of a CCA is not a problem any longer

[louisd77]

I thought you had now received the CCA

Late production of a CCA is not a problem any longer

 

I have now but no breakdown of what I supposedly owe or a default notice.

[louisd77]

Went to County Court to have the Statutory Demand set aside. Lost!

 

The judge said that even though a default notice wasn't issued that that alone wasn't enough to set aside.

[louisd77]

Any help on this one?

 

No default notice was ever sent & BW Legal solicitor admitted this. The judge still dismissed my set aside appeal.

 

Is this correct?

[unclebulgaria67]

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.

[babydoll0141917]

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

[Guest]

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

Edited November 21, 2012 by Ford

[louisd77]

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?