BW/Lowell SD for old BC 'debt'

[citizenB]

Sorry, you shouldnt believe a word of this.

 

You should indeed get this set aside one of the reasons being that they provided the incorrect court.

 

You should find out which court nearest to you that does deal with insolvencies and get it set aside. You have 18 days in which to do this and yes, you do need to swear the affadavit in front of a court official so you will have to attend.

 

The court themselves will know nothing of this Stat Demand until such times as you present yourself. This is a cheap and nasty abuse of the court process in order to scare people into paying up. However, because of recent censures from the OFT.. they do indeed see these through to the bitter end unless you get it set aside.

 

The fact that there is a dispute in respect of non compliance of a s78 (CCA) request is one reason for this to be set aside. I will find some links for you to have a read through.

[citizenB]

Ah.. just reread your first post.. !! You must get to the court to sign those documents by the 28th !!

 

I will send S.O.S to those who are more knowledgeable about Stat Demands.

[citizenB]

Well the letter from the court doesnt mention having to appear in person for the affadavit, so I guess it is going to be ok.. but do please check with the court.

 

The fact that there is a dispute over the production of a signed agreement is apparently a reason to have a set aside. Below has been taken from the National Debtline guide.

 

 

The debt is disputed and the court believes there are reasonable grounds for dispute. This might include where the creditor has waited too long to pursue the debt, or the debt is regulated under the Consumer Credit Act 1974 and there is no signed agreement.

• You may be able to argue that you can apply for a time order under the Consumer Credit Act 1974 instead.

[citizenB]

Looks fine to me

 

You need to start keeping a record of any costs you have had to pay out - the special delivery postage slip should be kept as proof of the posting - time dealing with the Stat demand should be charged off at £18.00 an hour LiP rate - research, reading and understanding the demand - dealing with the affadavit etc.

[citizenB]

I would say 3 - 4 hours dealing with the paperwork

Perhaps an equal amount researching Stat Demands and their implication

 

Time is costed @ £18.00 per hour

 

Printing/Paper cost @ 0.15 per sheet

 

What ever travel costs you have incurred - I am not sure what you can charge per mile if you use your own vehicle. But you can claim for parking fees as well.

 

I am sure others will also be able to chip in with some ideas.

[citizenB]

Oops.. well at least you have been able to bring CAG some information that will help others as well now.

 

What a pain that you had such a stressful day though.

 

It would appear that Lowells are issuing stat demands or threatening to, for sums below the Bankruptcy threshhold. I suspect they are a heading toward a showdown with the OFT if they continue with these.

[citizenB]

Have we mentioned sending a Subject Access Request to the original creditor ? If not, you might want to invest £10.00 and send one. This entitles you to all the data they hold on you in respect of your financial relationship with them.

 

You would specifically require statements, communication log - but it should actually include everything.

 

This will identify if the account was defaulted, terminated and assigned correctly.. it will also show any default charges. The communciation log should show all actions taken on the account.

[citizenB]

Sadly the debt purchaser would have been given.. your personal details and the account details.. and that is that. Anything else they would need to obtain from the original creditor.. statements, communication log etc.

 

You will see all over the forums, where the new owners are saying.. "We will have to refer back / obtain information from the original creditor.

 

Methinks if the Debt sale were to include ALL the data concerning the account - a lot of debts would not get sold on !!

 

If the account has been in Lowells' possession for more than 18 months, then it might be worth sending them a separate SAR to see how they have managed the account. But for the main info, it will need to be the original creditor.

 

 

Wouldn't be best to SAR Lowells as they have purchased the debt therefore all paperwork etc should have been passed to them upon the purchasing of the alleged debt?? I don't want to spend 2 lots of £10 if i can help it.

 

If I SAR lowell's then can i ask them to release all info they have from the original company and BWlegal - especially as BWlegal are acting as Lowell's representatives?

[citizenB]

I am sure someone will be along to help soon.

 

You will need to take all the paperwork you do have in connection with this claim/petition. Take an extra copy with you as well just in case the opposition or the Judge have misplaced their copy ?

 

There have been one or two major successes just recently where Lowells and their stat demands are concerned. It might well be worth your having a read of the summaries to see how those were set aside

 

I will go and find some links for you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?360879-Stat-demand-set-aside...now-bankruptcy-petition-***-WON-***/page6

 

You will find quite a few success stories in the link below.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[citizenB]

Costs - do you have a rough idea of how much time you have spent dealing with the stat demand ?

 

The time is costed at £18.00 per hour - which is the current Litigant in person rate.

 

You can claim around 11 - 15 p per sheet of paper for any letters you have sent since you received the demand / plus all the paper involved in copying documents for you the court and the opposition.

 

If you are driving to the court you will need to make a note of your mileage - I dont know what the current mileage rate is.

 

You will also need to take into account any parking fees.

 

If you are using public transport keep your tickets.

[citizenB]

In theory, they should not be permitted to ambush you with paperwork on the day.

[citizenB]

These are all triable issues and the company should not have issued a Stat demand, but dealt with it through the county court.

[citizenB]

YTP, what was the outcome ?

[citizenB]

Bliddy hell - well done you.

 

I would hope that the Solicitor will put in their report and that Lowells will now ask you to discontinue / withdraw your application. This is up to you ! You must ensure that they dont even attempt to say they will take the money off the debt ! At this moment it has not been established there is one.

 

You should feel really proud of yourself.

 

I agree, that it would be a good idea to obtain a letter from your medical advisors, JIC there is a further hearing.

 

I will round up the Harrison v Link Judgment for you and post it on your thread so you have it to hand, again JIC.

[citizenB]

Here you go - this will need to be printed off for your bundle next time

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

[citizenB]

citb

its their demand, so wouldn't it be for them to withdraw/discontinue and then vacate?

 

Hmm, good question.

 

Does the OP have to withdraw their application or

Lowells withdraw their demand

 

I think that might need answering by someone who knows.. I rather suspect that it is not me