BW Legal.Statutory Demand

[gporter3319]

Hi,

 

we arrived home this evening to a letter claiming that we had been visited on 3 occasions

and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.

 

The only thing we can think off that this might refer to is a Cap one CC we had a few years ago

which was sold to lowell. 2 or 3 years back

 

we applied for the credit agreement from Lowell and got the usual stuff back from them

which turned out to be nothing more than an application for the card,

 

ignored them and now this.

 

Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity

and a charging order already on the house.

 

What would be the best route for us to go down?

 

Many Thanks

 

Sorry if this is posted in the wrong place....

Edited January 3, 2013 by gporter3319

[gporter3319]

Anybody?

[AndyOrch]

Hi GP

 

Take a read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post I have reported your post for further attention from the Site team.

 

Regards

 

Andy

[citizenB]

It is very likely to be a capone debt - Lowells are working overtime issuing stat demands on a bulk purchase by the looks of things.

 

You need to get this set aside - when it has been delivered then you have 18 days to get it set aside. Do write on the envelope the date and time it was delivered.

 

If there is an outstanding s78 request then that is one reason as the account is basically in dispute

 

Do you have any other paperwork, notice of assignment, Default Notice from Capone/termination notice ?

[Old Cogger]

when is this nonsense SDs going to stop on piddly amounts under £25,000, what happened to the Tory promises, Oh yes "U" Turns.

Edited January 3, 2013 by Old Cogger

[unclebulgaria67]

Hi,we arrived home this evening to a letter claiming that we had been visited on 3 occasions and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand.The only thing we can think off that this might refer to is a Cap one CC we had a few years ago which was sold to lowell. 2 or 3 years back we applied for the credit agreement from Lowell and got the usual stuff back from them which turned out to be nothing more than an application for the card,so basically ignored them and now this.Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity and a charging order already on the house.What would be the best route for us to go down? Many Thanks

Sorry if this is posted in the wrong place....

 

So you don't really have anything to lose, by Lowells losing money on bankruptcy. They will issue these SD's before working out whether it is worth going forward with bankruptcy or not. Once they realise that it is not worth it, they won't bother.

 

Anyway, once you get the statutory demand you can try for the set aside and as long as you state valid reasons for this, they are mostly accepted. However, sometimes with a judge lottery, this can fail. Lowells might argue that they fulfilled the CCA request, so failure to action the CCA request is not a valid reason.

 

Suggest that you send an SAR req to CapOne, if it does relate to this and ask them for copies of all statements, as well as all other data they hold. Perhaps there may be charges on the account, you can look to get back and that would help, if you wanted to stop bankruptcy.

[42man]

I agree with all that has been said above.....get a SAR sent out immediately, and once you have the demand in your hands you can set it aside. Spend some time reading around these forums, and you will be come more knowledgable. The fact it has been in dispute for a while will hold strong ground in front of a judge. When was the last time you made a payment towards the debt ? is it 6 years ?

[42man]

The other possible option is to send an email to BWLegal along the lines of

 

Dear Sir/Madam

 

I am aware that you are attempting to serve a statutory demand on me, the specific particulars of which I am unaware of, however I have to inform you that if it relates to an original dispute, then I will have no hesitation in setting this aside at my local court and will claim my costs in the process. I am sure I have no need to remind you of the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Trading's guidelines on debt collection.

 

If in the event you continue with this action, bearing in mind any dispute, then when the issue of costs arises I will have no hesitation in showing this and previous correspondence to the judge. Please note the date of this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully.

[gporter3319]

Is it still possible for Lowell to force bankruptcy even though there is no money in the house,just because they can.also if the house is in joint names and the debt is in the wifes name how can they?.

[Guest]

a bankruptcy petition is not an option until they have deemed served the sd, and then after at least 18 days after that if the sd is not satisfied/compounded or set aside. they would then need to petition for bankruptcy (which could also be challenged depending on the circumstances).

some gov't info re bankruptcy etc http://www.bis.gov.uk/insolvency/Publications

Edited January 4, 2013 by Ford

[gporter3319]

We have no grounds to have the sd set aside and no real chance of having it satisfied due to my wife being on incapacity benefit.Has I said in an earlier comment if they do file for bankruptcy am I still "guilty by association" kind of thing even though the debt is not in my name.Also should I just let them go ahead and file for bankruptcy being has we are in neg equity and also already have a charging order on the house from a another debt.

[Guest]

why do you say you have no grounds to set aside?

did you see the link posted re bankruptcy?

here's some more info. note 'beneficial interest'. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy

as UncleB says, could might as well apply for set aside, seems nothing to lose by doing so?

Edited January 4, 2013 by Ford

[gporter3319]

What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

[Guest]

did you send an email as 42man suggested?

when was the last payment/acknowledgment?

[Guest]

What grounds would I need to get it set aside.Yes saw the link but not quite sure what the beneficial interest means...

 

as the nat debt line link says, any poss particular bankruptcy would be re your wifes 'interest'/share depending on the circumstances which may end up affecting the whole. also, you say there is negative equity, and other secured creditors which would affect things.

main grounds for a set aside have been posted. dispute, counterclaim (any missold ppi for eg?), amount disputed, statute barred? technical errors, etc

Edited January 4, 2013 by Ford

[gporter3319]

haven't sent the email yet don't know where to send it to and the last payment was about 2 years ago I think to lowells.My wife paid them twice and then I came across this site and went down the cca road.At 1st they sent nothing and then months later sent all the cap 1 statements .She ignored them

[gporter3319]

Just sent the email....

[Guest]

Just sent the email....

 

oh ok! was going to suggest an addon to it if not already sent! no probs though, see what they come back with.

[gporter3319]

what was the add on? out of interest

[Guest]

just something cheeky along lines of asking them to confirm in writing that if they do continue to serve an sd that they will in fact pursue a bankruptcy petition in the unlikely event that the demand is not set aside.

could've worked either way, but no worries, actually could be good to see what they come back with re your email?

Edited January 5, 2013 by Ford

[gporter3319]

If and when they get back to me will keep site posted.

[Guest]

also, did you do the sar as previously suggested? could do that, may cost a tenner but could be worth it.

[gporter3319]

who do i Sar ?

[Guest]

who do i Sar ?

 

looking back from what has been posted, seems capone. but, maybe best wait abit first see what details if any they come back re your email?

Edited January 5, 2013 by Ford

[gporter3319]

Right then SD posted thru door today.It appears that its for Monument CC £3565.Defaulted in Oct 2007.Never had any letters of assignment from either original creditor or Lowells.Should I CCA them or offer token payment due to wife being on benefits and having Neg equity.