BW/Lowell SD for old BC 'debt'

[yourturntopay]

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?

[oleg]

Assignors should pass reasonable amount of info on to assignees but in fact usually it.s just a spreadsheet of the very barest basics.

SAR, as you've already been advised, goes to original creditor.

[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?

[yourturntopay]

Can I include in the SAR an instrcution for all parties dealing with this particular case send watever infirmatuion they hold n relationship to this account and statutory demand? What info amI particularly looking for?

[42man]

Unfortunately, the SAR will only apply to the company you are sending it to, here have a read - http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

[yourturntopay]

Next issue/problem - i db't have a cheque book - what other methods of payment can i use the £10 fee for the SAR please?

[Northernpug]

Next issue/problem - i db't have a cheque book - what other methods of payment can i use the £10 fee for the SAR please?

Get a postal order which I believe is the preferred method of payment anyway.

[catquest]

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.

 

If this is correct ( and I'm not doubting it ) it makes me wonder how they often start a claim just before statute barred sets in. How do they know when they haven't got details of the account ?

[Northernpug]

If this is correct ( and I'm not doubting it ) it makes me wonder how they often start a claim just before statute barred sets in. How do they know when they haven't got details of the account ?

 

They can get information of payments from Credit Agencies. You can sign up for a free one at Noodle to see the sort of information they can gather.

[catquest]

Ah yes, although sometimes the OC remove their own original entry

[yourturntopay]

I've received a letter from the court, but nothing else. Nothing fom BWlegal or Lowells.

 

I have to admint (please administer slapped wrist to me!) that I had forgotten all about the SAR - can anybody point me towards the template and instruct me on how to get a postal order and the OC??

[42man]

Data Protection templates are here - http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here and it costs £10 for a SAR, you can get a postal order from the post office....make sure you send it recorded and keep copies of anything you send...

[yourturntopay]

I have received a letter from the court and a hearing isset for the 1st Feb. I'm not sure what happens now and what I have to do andwhat do I need to say?

 

I guess I turn up and argue these points:

 

that the original company (Barclay card did not respond to my CCA request andhave never sent me anything but a copy of their term and condition, they havenever supplied an application form or an agreement with signature on - in factthey haven't sent me any application or agreement, blank or otherwise) I thennotified BC that I wished to raise a dispute against the company, which hasnever been resolve, so BC should never have sold/passed the alleged on.

 

When BC passed the debt on to another DCA when I informed them of the disputethey sent the account back to BC because of the dispute.

 

Lowell’s/BW said that they would obtain the info but again they hadn't compliedwith my CCA request (BW said they would request the info from Lowell’s but itstill hasn't been sent to me).

 

Lowell’s listed the wrong court on the stat demand (does this make the statdemand enforceable?) and point out that Lowell’s have issued several statdemands to people within this geographical area and should be aware that thatthey had stated incorrect information on the stat demand and they have a dutyto ensure the information on the stat demand was correct.

 

Lowell should have taken other routes to pursue the alleged debt - i.e. applyfor a CCJ before instigating bankruptcy process.

 

Lowell’s have gone against the guidelines set out by OFT and have abused theirpower and have used the stat demand to intimidate me.

 

Is there anything I have missed or could add to this list?

 

Is it best to write the above out as bullet points and take it to court or do Ido another witness statement listing the above in a more formal way and presenta copy to the judge and the other party - if so do I need to do this prior tothe hearing or just take it along on the day.

 

All and every suggestions and advice is very much appreciated and desperatelyrequired!!! Thank you for your wonderful help, support and for sharing yourknowledge with me xxxx

[42man]

You are there to fight your corner....with regards to the wrong court, then it can possibly be an abuse of process, but this does depend on the judge as they can vary wildly. If they haven't supplied a full portfolio then you can argue the high court cases/relevant parts of the Consumer Credit Act which hopefully you will have read off these forums. The judge will have your 6.5 already, so you may not be able to add a further witness statement. Do you have any statements at all ? you could check if the statement interest matches to the terms and conditions (read Kotecha vs Phoenix)

[yourturntopay]

I'll have to try and dig out the old statements.

 

I have read up about the CCA side of things, but i'm not geting my head completely round it all. Can you suggest a good thread to read through that could help me inderstand things and know which points are the most relevant to push in regards to getting this Stat Demand set aside?

 

Thank you for your help - i really appreciate it.

[Guest]

the thread #19 was re the wrong court which the judge didn't seem to like. also, there was mention by j of any cca request/communication prior which i believe in your case you have an outstanding cca request prior to the sd? so, mention the wrong court, dispute prior re cca request, and anything else re any disputes and any poss counter claim.

there are quite a few sd threads, have a read around.

[yourturntopay]

My court date is Friday and I am obviously very concerned and frightened about what is or isn't going to happen.

 

Please could anybody offer any advice on what I need to take and what I should do to make sure i prepare myself properly for Friday please?

 

These are the points I intended to argue to get the stat demand set aside - all thought/suggestions are extremely welcomed and deeply appreciated.

 

 

Barclay card did not respond to my CCA request made in 2009 and have never sent me anything but a copy of their terms and conditions, they have never supplied an application form or an agreement with signature on - in fact they haven't sent me any application or agreement, blank or otherwise)

 

I notified BC that I wished to raise a dispute against the company, which has never been resolved, so in accordance with OFT debt collection guidelines BC should never have sold/passed the alleged on until they had resolved the dispute.

 

When BC passed the debt on to another DCA when I informed them of the dispute they sent the account back to BC because of the dispute, so a dispute with BC has been recognised by other DCA.

 

Lowell’s/BW said that they would obtain the info but again they hadn't complied with my CCA request BW said they would request the info from Lowell’s but as to date I have not received any information regarding the alleged debt from either Lowell’s or BW

 

BW/Lowell’s listed the wrong court on the stat demand. Lowell’s have issued several stat demands to people within this geographical area and should be aware that that they had stated incorrect information on the stat demand and they have a duty to ensure the information on the stat demand was correct. I felt this lack of care and mis information was negligent on their side and caused me a great of confusion as I had to research which was the correct court. As solicitors I feel they should have ensured correct information was used.

 

Lowell have not taken or discussed any alternative options with me in respect of settling this alleged debt. Why did they apply for bankruptcy procedures when other options were at their disposal first – such as an application for a CCJ before instigating bankruptcy process?

 

Lowell’s have gone against the guidelines set out by OFT and have abused their power and have used the stat demand to intimidate me and have not given me the opportunity to resolve this issue.

Barclay card did not respond to my CCA request made in 2009 and have never sent me anything but a copy of their terms and conditions, they have never supplied an application form or an agreement with signature on - in fact they haven't sent me any application or agreement, blank or otherwise)

 

I notified BC that I wished to raise a dispute against the company, which has never been resolved, so in accordance with OFT debt collection guidelines BC should never have sold/passed the alleged on until they had resolved the dispute.

 

When BC passed the debt on to another DCA when I informed them of the dispute they sent the account back to BC because of the dispute, so a dispute with BC has been recognised by other DCA.

 

Lowell’s/BW said that they would obtain the info but again they hadn't complied with my CCA request BW said they would request the info from Lowell’s but as to date I have not received any information regarding the alleged debt from either Lowell’s or BW

 

BW/Lowell’s listed the wrong court on the stat demand. Lowell’s have issued several stat demands to people within this geographical area and should be aware that that they had stated incorrect information on the stat demand and they have a duty to ensure the information on the stat demand was correct. I felt this lack of care and mis information was negligent on their side and caused me a great of confusion as I had to research which was the correct court. As solicitors I feel they should have ensured correct information was used.

 

Lowell have not taken or discussed any alternative options with me in respect of settling this alleged debt. Why did they apply for bankruptcy procedures when other options were at their disposal first – such as an application for a CCJ before instigating bankruptcy process?

 

Lowell’s have gone against the guidelines set out by OFT and have abused their power and have used the stat demand to intimidate me and have not given me the opportunity to resolve this issue

Edited January 29, 2013 by yourturntopay

[yourturntopay]

Very bizarre - i've just received through the post this morning a letter from BW, which states here are the enclosed doucments as requested and attached is copy statements from March 2009 to August 2009 - nothing else!! No statements from when the account was oppened, just the 6 months of statements. I can't even rememe when i openned the account, so there might be PPI on the earlier statements but as i have never received them I can't tell.

 

What use is 6 months worth of statements to the Stat demand application - both from ther point of view and mine?

 

They show a lot of £12 charges, so i don't know if that's of any help but I still have nothing connected to the CCA request - no application form or agreement, and nothing showing my signature.

[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

[yourturntopay]

Thank you very much indeed. Will have a good read through them - makes a change from 50 shades of grey!!!!

[42man]

You need to puff up your chest, find your resolve and not be bullied.....know your stuff as best as you can, if they want to talk to you before the hearing, be warned, say you will just listen.....it has often been the case where conversations in the waiting room have been carried over to the court room, and you see a different side of a solicitor in a court room....hopefully you will know more about the Consumer Credit Act than they will....call the judge sir/madam, don't interrupt, but get your points across firmly and speak a little louder than normal if you have to....remember to refer to High Court cases if needed eg Kotecha vs Phoenix, Jones vs Link

[Old Cogger]

Yes just listen to Solicitors , they will and do use responses in that ; as was the case with me, and a DJ will accept the extra evidence on that area which you spoke.

[yourturntopay]

Can anybody suggest phrases I should use ( and a very condesensed reason what it means and what it applies to please?

 

Ty so much for the help xxxx

[yourturntopay]

I've jut realised that i've screwed up and I really need some urgent help please as I'm not sure how this affects things for today's set aside hearing and I'm in an absolute panic. My hearing is at 2pm today and I couldn't sleep through anixiety, fear and dread of what will hapened today.

 

This account was never a sky card but a normal barclaycard. I had a sudden memory moment and realised that i had confused the two.

 

I have now found the original paperwork regarding the dispute to Barclaycard and I had i took the account in April 2004. They sent me a letter on 26 March 2009 stating that they had met the CCA requirements by

 

Sending a copy of your originl BC agreement at the time you opened the account.

What my balance was

What the credit limit was

Next miniumum payment

and state that the T&C will will be sent under a seperate cover.

 

However what they atually sent was a photocopy of T&C which is headed as Barclarycard Conditions - credit agreement regulated by the CCA 1974 but the application form/credit agreement was never attached to the letter on the T&C (which do not give a date on them, so I have no idea when these T&C were actually in force and are relevant to the time I tok out the card. There is a blank cancellation box on the bottom of one of the T&C pages, but there are details in there, no accoutn number, name etc. The T&C make no reference to me, my name isn't on them anywhere, nor is there a account number, credit limit - they are just T&C's and I can't believe that they think that consitutes a credit agreement

 

In reponse to their letter I sent a further letter on 31 March 2009 stating that they defaulted on the CCA request 21 March 2009 and that i still required a copy of the credit agreement as there was not one included in the paperwork they sent me. The acutal phrase I use was

 

"My request remains outstanding, the supplied documentation does not consitute a true copy of a cedit agreement (as no credit agreement was enclosed) and that which you did send doesn't even contain all the prescribed terms and is not properly excuted.

 

I have a letter that i sent to them that informed them that they also had not sent a default notice to me.

 

A further letter from BC was sent to me on 30 September stating that as far as they were concernd that they were "satisifed that the documents already provided to me have discharged out obligations under the CCA act and are not obligation to provide any further information to me in this regard." The T&C's included wg

 

In October 2009I received a letter from calders which claimed they were authorised to act on BC's behalf to collect the alleged debt. I sent them back as Dsipute letter and they sent the account back to BC.

 

In August 2010 they sent yet another copy of terms and conditions, which are undated and totally different to the ones previously sent! They also say that they were satisifed that the documents altready provided to me have discharged out obligations under the CCA act and are not obligation to provide any further information to me in this regard.

 

This was thr last I heard from them until Lowwlls joined in.

 

I've never had a defalut notice, nor a NOA.

 

My argument today is basically BC never complied (not have lowells to that matter) met the required obligations under the CCA request and therfore the enforceability of this debt is in question as the required dcumentation has never been sent to me

 

I have not receivved a default notice of asginment and therefore ask if the clamiant has the authority to request payment

 

That the stat demand listed an incorrect court therefore has failed to to comply with the insolvency rules

 

Lowells are abusing their power and not following OFT guidelines in respect of debt collection. Lowells should have explored alternative procedures 9suchbas applying for a CCJ) before resorting to insolvency as a first choice.

 

That i respectful ask the judge to consider settig the stat demand aside and award costs against the claimant as the applcation of a stat demand was uncessary and has caused me time and money to defend - i.e cost of attending court twice (to drop off paperwork and attend the hearing) Time off work for hearing, photocoping and time spent researching my defence and preaprign for the hearing.

 

If the courts agree with me and do dismiss the stat demnd and entertain the request of costs what costs would be reasonable to ask for?

 

Now considering the other side of the coin, what hapens if the judge does not dismiss the stat demand - what should I do and what is the best way forward?

 

Thank you so much, I really appreciate your advice, support and wisdom - thank you very much for helping me.