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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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gporter3319

BW Legal.Statutory Demand

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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 by gporter3319

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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


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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 ?


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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 by Old Cogger

:mad2::-x:jaw::sad:

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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.


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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 ?


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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.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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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?.

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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 by Ford

IMO

:-):rant:

 

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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.

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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 by Ford

IMO

:-):rant:

 

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

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did you send an email as 42man suggested?

when was the last payment/acknowledgment?


IMO

:-):rant:

 

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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 by Ford

IMO

:-):rant:

 

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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

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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.


IMO

:-):rant:

 

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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 by Ford

IMO

:-):rant:

 

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

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


IMO

:-):rant:

 

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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 by Ford

IMO

:-):rant:

 

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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.

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