BW Legal/Lowells SD - Help please!

[Genelover]

I would be very grateful if anyone could answer a few questions for me. This is a bit of a minefield for me, but they are threatening to issue a bankruptcy petition. The SD was dated 12th Oct and I know I should have dealt with this sooner - is it too late to apply to have it set aside?

 

The demand is for two separate debts, and been passed from DCA to DCA over the last few years - they arent statute barred however - but I have never received a valid CCA from them despite several requests.

 

Not sure what my best course of action is here - can they really have me made bankrupt for unsecured debts?

 

I've been reading a lot of threads on here which are all wonderfully helpful, but I am very confused as to what I should really be doing, especially as the 18 days have now passed.

 

[giveITallback]

How was the Stat demand served on you? Who did you make the CCA requests to? Did you enclose the £1 fee?

[42man]

When did you make the CCA requests (before the demand was delivered) ? Have you tried to submit an 'out of time' set aside of the demand, which you can do but will need to give reasons whay you are applying 'out of time' as for the 18 days then it is likely you will have 1 or 2 days grace, but you need to work quickly....

[Genelover]

Thanks for your replies. The SD was posted through the door by hand, and CCA requests were made to the original creditor initially about three years ago, and the accounts have been passed back and forth between numerous DCA's - none have ever provided a valid CCA (although they have produced copy agreements).I'm afraid to say as it has dragged on so long and nothing has really happened I didn't really understand the importance of the SD until i had another letter yesterday. Prior there has been no correspondence for around two years as I returned everything unopened.How do I apply for an 'out of time' set aside? Thank you so much for your help.

[42man]

Have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?364992-Yet-another-Lowel-l-BW-LEGAL-%28Stat-Demand-Bankruptcy-order%29.-Help-please!&highlight=time

 

If you can work quickly then you may be ok

[Guest]

..How do I apply for an 'out of time' set aside?....

 

if required, include extension request with reasons on form 6.5.

Edited November 1, 2012 by Ford

[Genelover]

Thank you 42man. Have had a read and note that the SD they served me only has three pages - no particulars of debt. Should I mention this in defence? My CCA requests were sent to original creditor and also to subsequent DCA's (along with a letter stating they were in breach by passing to a 3rd party whilst account in dispute). I haven't CCA'd curent DCA as I had returned all communication. Should I do this now, and mention account in dispute? Also I have a deed of assignment on one of the alleged debts, but not the other.

[Genelover]

Finding this very confusing as they are chasing two debts - am in the process of filling out the forms, but as the CCA requests on one of them were to original creditor and a different DCA should i include them? And mention account in dispute when passed to 3rd party?

[42man]

In which case you can (in your witness statement) mention the fact that there are no particulars of claim/debt. And yes you can include the CCA requests to all, And the fact aht it was in dispute when it was 'passed on'.

[Genelover]

Many thanks for your help - much appreciated

[Genelover]

I now have a hearing date for a couple of weeks time. Still not heard back from Lowells...what can I expect in court? If the documentation I asked for is not supplied by then, what happens next?

[Genelover]

Can anyone help please? Would be very grateful for any advice!

[42man]

You show the judge just how angry and annoyed you are at having to deal with a stat demand that was posted through the door with no effort made at service, you also stress that it had been in dispute since (date) and that they had made no attempt at resolving the dispute, you show the judge that they have not provided any paperwork at all including compliant default notice, details of any ppi, statements for the duration of the account including possible penalty charges, a fully compliant agreement that is signed.

 

Bearing in mind that the legal clerk who turns up to represent Lowells will attempt to 'talk' with you....just state that you will listen whilst they talk...stand your ground and do not be bullied. Call the judge Sir or Madam and don't interrupt when he / she is talking and claim your costs (which you will need to send in to the court so they are in the files at least 24 hours before the hearing - Link here to assist - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

[42man]

Make sure you read your witness statement and try your best to understand what is being said....if for any reason you don't get a judge who seems not to be on your side then go for an UNLESS order, in that UNLESS they provide a full portfolio of paperwork (compliant agreements, default notices, statements for the duration of the account, details of PPI) then you ask the judge to strike out with your costs...they have had enough time to get the paperwork.

[Genelover]

Thank you so much, excellent advice. Are they more likely than not to turn up do you think? And can they produce the paperwork on the day?

[42man]

They never used to until 2011 that is when they started sending a local legal clerk or solicitor, in court they usually say...."I only got the case faxed through last night" which means they don't have much specific knowledge of the Consumer Credit Act or The Insolvency Laws or they probably haven't even read your witness statement let alone argue the points on i........if they do produce some on the day (unlikely they will have one item of paperwork let alone the whole portfolio). Then depending on what it is you could possibly (as mentioned above) request an 'unless order' for the remainder........your aim is to get it thrown out due to the dispute / or a potential triable issue (you have a number of High Court Case laws in your witness statement I presume which could be arguable in a county court - there fore making it 'triable') You are going however for the dismissal of the demand and your costs....

[Genelover]

I'm with you. Invaluable advice I'm so grateful. Will keep you posted. Thanks again