BW Legal.Statutory Demand

[gporter3319]

So they can go down the SD route even though they have already tried and done nothing about it...

[AndyOrch]

Afraid so so but set a side again and point this out being the second within 12 months...not knowing your thread ...but why did your last application fail?

[citizenB]

I seem to recall that there were no assets to be had and that the property is in negative equity, gporter - is this still the case ?

 

I would say that you could possibly mention "abuse of process" in any application to set aside.

 

 

Creditor already issued stat demand and failed to follow through with BR petition - why ?

Your situation remains the same.

[Guest]

looks like they maybe trying to avoid the insolv rules requirement (as mentioned) to 'explain' a petition after 4 mths of an sd (or the J's poss 30 day direction) by doing a new one? as citb suggests, can they just repeat the process every 4 mths? why did they issue the first SD if they didn't intend to petition for bankruptcy following it? why didn't they petition? they had the 30 days, and then 4 mths? they had plenty of time, has anything changed since?

[gporter3319]

Hi Ford, the 1st sd was in January last year 2013,went to court lost because the judge was a git who wouldnt listen to us at all and said we couldnt set aside.He also suggested to bw legal that they should go down the bankruptcy route "although there is no point" his words within 30 days.Then nothing for a year until the other day

[Guest]

hi

ok, is a year ago' no contact from them since? no change in circumstances? seems they're taking the proverbial P?

just to double check, this is another sd and not a bankruptcy petition?

maybe the issues/points mentioned could be mentioned in a set aside app'n? if you decide to do that. maybe this time it will get set aside?

see what citb, andy etc say.

[gporter3319]

Hi Ford,yup deffo another SD and no contact from lowell or bw legal since the last time.Also wife still has no income,house still in neg equity and she isnt even on benefits.

[gporter3319]

Don't know if this makes any difference but just checked Noodle and this particular account that defaulted in Oct 2007 isn't even on my wife's file.Why would that be? age of the debt to old perhaps??I had a feeling Lowell were getting the sd in last time just before it became statute barred and now they are trying again...any advice please

[AndyOrch]

Then check the status of the debt when the first SD was issued and now it may well be statute barred by now.

[Guest]

Then check the status of the debt when the first SD was issued and now it may well be statute barred by now.

 

does that mean a granted sd doesn't stop/reset an sb clock?

[AndyOrch]

The original SD lapsed....no it does not reset the clock.

[Guest]

cheers

also, generally, would entering into an IVA be seen as an acknowledgment re SB?

[gporter3319]

I take it this is legit and not just a scare tactic

[gporter3319]

[ATTACH=CONFIG]49150[/ATTACH]

[AndyOrch]

Too small please convert to pdf.

 

The service of a Statuary demand has no bearing on the statute of limitations....its not served from a Court unless its to enforce an earlier judgment for the same debt.

Im not sure what effect an IVA has.

 

Andy

[gporter3319]

Too small please convert to pdf.

 

The service of a Statuary demand has no bearing on the statute of limitations....its not served from a Court unless its to enforce an earlier judgment for the same debt.

Im not sure what effect an IVA has.

 

Andy

I have made it bigger Andy on the post above

[AndyOrch]

Looks legit...what is in Part C?

[gporter3319]

[ATTACH=CONFIG]49151[/ATTACH]

[AndyOrch]

I see you have already requested a copy of this agreement:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?274054-Lowell-Monument-CCA-request

 

From the last hearing what happened with the costs? Have they added them to this debt?

[gporter3319]

Yeah requested the aggrement and they sent a reconstituted one which the judge said was acceptable.Not sure if the costs have been added to this.They were awarded nearly £900 costs....!!!

[AndyOrch]

Well is it the same amount as requested in the first SD or £900 more?

[gporter3319]

Well is it the same amount as requested in the first SD or £900 more?

Cannot remember what the 1st SD amount was for to be honest

[storm01]

http://epetitions.direct.gov.uk/petitions/60324 If you can help gain 100,000 signatures

 

 

 

 

P.S. sorry, this was a reply to one of the first posts yet it placed itself here. The question was when will there be an end to these Stat Demands/Bankruptcy usage for smaller debts, as we know DCAs misuse, because they can get away with it....sign the above petition, it's a long haul and not an instant cure, but we need to stop these companies and their unpleasant ways, profiting from the poor and vulnerable in a lot of cases, people who's circumstances changed beyond their control! That DCAs can pay pennies and charge full amounts because a 1925 Law let's them, close the loophole.

Edited February 11, 2014 by storm01

[citizenB]

Date of assignment November 2007. Assuming that the account was defaulted prior to that date and the assignment - then surely this account is now Statute barred ?

 

I notice the date on the Stat Demand is 10th January 2014 - when did they serve it on you ?

[gporter3319]

Date of assignment November 2007. Assuming that the account was defaulted prior to that date and the assignment - then surely this account is now Statute barred ?

 

I notice the date on the Stat Demand is 10th January 2014 - when did they serve it on you ?

February 6th it was put thru the door