BW Legal.Statutory Demand

[citizenB]

Have you not previously made a request for a CCA from either the original creditor or Lowells ?

[gporter3319]

Not for this debt "No".Didn't even know Lowells had purchased it

[citizenB]

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.

 

No, any BR can only take into account your wifes portion of the property (assuming it is her debt) and it simply wouldnt be in their interest to do this if there is nothing for them to gain at the end of it..

 

 

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

 

Aha.. here you say, your wife did indeed send a CCA request - any chance she has retained a copy of the letter and the postal order receipt ?

 

 

You have 18 days to get the demand set aside, so a little time in hand to make a decision - by which time, 42man and others with more knowledge of Stat Demands will be around

[42man]

Can you remember when you last made a payment towards this ?

[gporter3319]

SD says defaulted in Oct 2007 so somewhere around there I guess

[42man]

Apologies I have just seen your answer to my question. If you feel you do want to fight this, especially so as no one should be forced into bankruptcy then you should go for it....I would only certainly recommend bankruptcy as a last resort.

[gporter3319]

CitizenB,the cca we sent was for a cap 1 cc that we knew lowells had purchased

this is for Monument that we didnt know they had purchased

[citizenB]

CitizenB,the cca we sent was for a cap 1 cc that we knew lowells had purchased

 

Shoot, sorry, I just read Stat Demand served.. I guess I skimmed over the fact that the original creditor was different..

[citizenB]

I dont know if the lack of NoA does qualify, others will however..

[gporter3319]

What to do next then.Should we CCA them or phone them ?

[Guest]

.........

this is for Monument.....

 

is it re this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?274054-Lowell-Monument-CCA-request

[gporter3319]

forgot all about that....oops

[gporter3319]

Sorry about that,(my bad) so bearing in mind what they appeared to have sent me what should be our next move

[gporter3319]

Just noticed this SD is dated Dec 4 2012,but we only had it posted today

[gporter3319]

Dear Sir or Madam,

Ref BM/****

 

***** v Lowell Portfolio 1

 

I am in receipt of a statutory demand, served on me on 09/01/2013.

 

I am in the process of submitting the form 6.4 and 6.5 and intend to apply to set the demand aside.

 

I must advise that this account has been in dispute with the original lender, since they failed to comply with my legal s78 request.

I would also point out that the original lender has mis sold PPI on this account, which will be reclaimed/counterclaimed for.

The issuing of this demand is clearly contrary to the OFT guidance on debt recovery where there is a bona fide disputed debt and I would argue that the debt is not immediately due and payable.

 

It is clear that this matter is more suited to the County court as a Part 7 Claim rather than a bankruptcy matter. I assume that that you are aware of the ruling of Mr Justice Warren in Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998(Ch) at Para 27 which confirmed that the Insolvency Court is not the place for disputed debts.

 

Given that I have sufficient grounds for challenge, I invite your client to withdraw the demand and pay any costs I might have accrued to date. Should your client refuse, I will seek to set aside the demand which will almost certainly incur costs of attending and I will seek to recover those costs

 

I trust that this matter can be dealt with amicably and without the need for further costs of attending the hearing to set aside the demand.

I look forward to hearing from you as a matter of urgency.

 

Yours faithfully

 

*****

Just emailed this to bwlegal

 

[42man]

"Given that I have sufficient grounds for challenge, I invite your client to withdraw the demand and pay any costs I might have accrued to date." - I think to be reasonable you should omit this at this stage.....but state that in the event that they do not withdraw, you will show this correspondence to the judge.

[Guest]

too late, seems already sent! (was also going to suggest an addon re requesting an undertaking)

Edited January 9, 2013 by Ford

[42man]

Despite Lowells being unreasonable in most cases, then your letter is good and shows that you will not be bullied and that you have a bona fide dispute and that you have given them the chance to withdraw.....I would also give them 7 days to respond otherwise you will proceed to setting aside the demand and claim your full costs back.

[gporter3319]

have emailed the letter to bwlegal but have also printed it off to send recorded delivery.I can amend it

[Guest]

you've already sent it, no worries. as 42man suggests could may as well wait a bit first see if they come back on it. could always do another email/letter later if required? but, keep in mind the 18 day deadline (from service) to apply to setaside if thats what you then decide to do?

Edited January 10, 2013 by Ford

[gporter3319]

Hi Guys,emailed like I said on the 9th Jan,no reply so recorded delivery letter on the 16th still no reply.I have the 6.4 &6.5 set aside forms ready but should I 1st call bwlegal?

[Guest]

they haven't replied to your comms, so no point phoning them, so would think just do the forms in time then?

Edited January 22, 2013 by Ford

[citizenB]

You MUST keep an eye on your timing and submit your application on time. Do not let Lowell/BW dictate the speed at which they will respond to you. They cannot say they havent received your communication, given that it was emailed and posted .

[gporter3319]

For some unknown reason we have the urge to let them go for the bankruptcy.Reasons being the SD is in the wifes name she is on benefits due to long term illness and our home is about £20000 in negative equity,not to mention that there is also a charging order already on the house.We feel she has nothing to lose due to the house being in both of our names.Am I correct in thinking they cant do anything about the house?

[Guest]

up to you. eg, if there is no sd setaside (either by default or after application), they would have the auto option to petition. if sd was setaside, no option to petition currently.

Edited January 22, 2013 by Ford