bw legal/lowells stat demand

[pennsfrend]

hi

 

i was served with the stat demand on 4/1/2013 by way of a hand written envelope pushed thru letterbox (no postmark)

 

i have sent cca letter by recorded delivery

 

this is a littlewoods account i havent paid or acknowledged since 2008

 

the amount claimed is 6,225 quid (balance no where near this amount)

 

i have been advised to apply to the court to get it set aside

 

i have already typed up an sar letter to send to shop direct

 

any other suggestions as to what i can do.

 

if it sounds as tho i know wot im doing all the help and info

 

i have already has been advice from this site

 

thanks to everyone

[honeybee13]

Hello there.

 

I think this needs to be in the legal section for the right people to see it. I'll move it there and leave a short term redirect on this forum.

 

My best, HB

[pennsfrend]

thankyou so much appreciate any advise

[unclebulgaria67]

Reasons for set aside ?

 

Charges or PPI on the account that you can challenge ?

 

Were there are problems with the running of the catalogue account ?

[pennsfrend]

im hoping that i can give the reason for it to be set aside as i dont agree with the balance as there must be charges on top also have been getting letters off various dca over last 4 yrs ive sent cca to bw legal and am going to send sar when i couldnt pay my monthly payments i offered to pay reduced but they ddint accept and passed to dca ive never acknowledged any of these letters i have a mortgage and secured loan on it but no equity i have a cleaning business with one partner the business listed at this adress and the only asset a van in my name (should i put it in partners)

i dont want theses sharks profiting from me so any help will be gratefully received. what are the chances of them giving up or because of the debt almost being stat barred will they push it as far as they can i never signed a cca the cat was taken out 2000 so am confident that they wont produce one is this enuf to halt any proceedings in court. should i go to the court house and ask about the form to get it set aside?

[42man]

You've got 18 days from when you received the demand to set it aside, you will need forms 6.4 (set aside) and 6.5 (witness statement) - you can find the forms here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

This is how you fill out the 6.4 -

 

How to fill in Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from (CREDITORS NAME) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of CREDITOR/SOLICITOR)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

[42man]

As for the form 6.5 then you can find a number of threads on these forums especially in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

It may also be a good idea to drop BWLEGAL an email along these lines.

 

Dear Sir / Madam

 

I am in receipt of your statutory demand which was received by me on (date)

 

It is my intention to set this aside at my local court due to a major dispute. If it is your intention to continue this action whilst in the knowledge of a dispute then I am sure I have no need to highlight the Consumer Protection From Unfair Trading Regulations 2008 and the Office Of Fair Tradings guidelines on debt collection.

 

If I do not hear from you within 7 days of the date of this letter, then when the issue of costs arises I will have no hesitation in showing the judge this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully

[42man]

You should fill out the 6.4 and 6.5 and take it along with any other paperwork (make references to the paperwork i.e. CCA request, email/letter above) and take the original demand with you to the court to get it set aside. Make sure you make copies of everything, and send all requests recorded delivery / proof of postage.

 

Also make sure you sign the SAR (put crosses through the signature if need be). You do not have to sign the CCA request. If you need any help then please shout...

[pennsfrend]

thankyou for your reply i have called in person to the court today for the papers to set it aside and have them. im not sure i should send them as i think these are empty threats also if i file this at the court surely thjat means it is Iand NOTbw legal who have instigated the court proceedings. is it not better to wait until i receive an official letter from the court itself the lady at the court said that there was no record of anything at the court. i have sent bw a letter requesting the cca is this not the first step in disputing this matter forgive me if this doesnt make sense i have had a hard day at work and been to dentist! i need to digest all this information myself after all it is bw threatening to take me to court why go running there myself? Ihave been re reading all their letters sent to me and a friend i showed them to has noticed that the date accompanying the statutory demand hasnt even got the correct DATE on it its a month out of date i will read this garbage and will drop you a msg later if thats ok

[42man]

There won't be a record of the stat demand at court, there never is until bankruptcy petition stage. If you read around these forums you will see plenty of threads and Lowell are serious about destroying people's lives. It it was me in your position then I would certainly be sending off the CCA request, emailing BWLEGAL my intentions, sending off the SAR and more importantly setting aside the demand. The next thing you know is you will be served with a petition, with evidence attached to it that the statutory demand has been served on you.

[42man]

The date on the demand may not be relevant as they may have attempted to serve it on you at an earlier time.

[pennsfrend]

the date on the demand and the accompanying letter both have same date the envelope is handwritten and just has my name on it in biro the deadline for having it set aside passed 25 days ago so i am due to be served with a bankruptcy petition any day now according to their threats! i requested the acc letter last week and have the sar ready to send there are a fewother discreppancies with these docs i have and im going to sit tonite and list them the more i digest these the more im understanding them and the more pathetic and desperate they become

[42man]

You were served with the demand on the 4th January.....you have 18 days from that date to apply for a set aside. If it was served then the judge may ignore any arguments at petition stage. And they can serve it by first class post if they have failed to serve it on you personally.

[pennsfrend]

there is nothing to say that i was served with the stat d on 4/1/13 do you think they will have an affidavit confirming service they could use it to their own advantage and say that my time is up anyway cos the date on it is 4/12/12 the first i knew of this was 12/12/12 i had a letter thru door saying they would return 4/1/13 to serve it which they did and it was dated 4/12/12also can i ask , on the sd it states that the balance is much higher than original in 2008 and they had been assigned the debt in 2010 ive had numerous letters off everybody and his dog since 2008 never acknowledging any of them surely the original creditor sends the first letter of assignement to start the ball rolling then it just gets bounced around from dca to dca (or desk to desk) it also states on the sd "IF THE AMOUNT OF DEBT INCLUDES INTEREST NOT PREVIOUSL;Y NOTIFIED TO THE DEBTOR, DETAILS SHOULD BE GIVEN, INCLUDING GROUNDS UPON WHICH INTEREST IS CHARGED. THE AMOUNT OF INTEREST MUST BE SHOWN. non of this has been complied with by them.They also mention the AGREEMENT 7 times in the sd i have requested a cca so obviously they are familiar with the said agreement for which i await 12+2 days hence my request. If i dispute the demand i should: contact the individual named in part B ( THE LITIGATION EXECUTIVE who has only 11 beads opn her abacus calendar) (sorry but well executive!). I REALLY DO APPRECIATE EVERYBODYS HELP BECAUSE IF THIS DOES GET TO COURT I NEED TO GET MY FACTS IN ORDER OBVIOUSLY THEY ARE QUITE INCOMPETANT.i have the papers and 5 days in which to file so am going to have some chill time and consider my options thanks again will keep you all posted and hope my case will ease a few minds and maybe help if we all stick together who knows how far we will get.

[42man]

Many thanks for the PM, you do not have to pay a fee to set aside a stat demand, if the court told you they do then they are wrong, check with the Office Manager......I have heard of central London bankruptcy courts charging £12 to swear in affadavits (which is usually free in local county courts) in the process of dismissing bankruptcy petitions. And there is usually a fee for annulling a bankruptcy.

[pennsfrend]

hi havent been in touch since jan but now have a date to attend 1st july apparently this is a reset date as there was a hearing 5th april but i didnt know about it so didnt attend lowells had to file their bundle by 3rd may and i have to reply by 26th may but dont know what i need to send do you think i should mention at this stage that i havent received a cca as requested and also it states that costs are to be agreed 3days before hearing how do i go about this. lowells have sent copies of blank cca and have stated that i made payments in 2008 although there is no proof in their paperwork ie signatures i said that i had made a last payment 2006 presumably this is what they have sent to the court on may3rd

[42man]

You say they have sent a blank CCA ? are there any prescribed terms on it ? is your name and address on it ? Can you verify those payments made in 2008 were not yours ?

 

What you need to do is refute what they have sent you.....

[pennsfrend]

just got back from holiday and letter from lowell on mat refering to upcoming court appearance 1st july. i wrote to the judge and pointed out that the cca lowells had enclosed was just that, a copy of a cca unsigned by myself with no reference to names etc and stated that it wasnt down to myself to disproove the debt but their job to prove i owed. in light of this their letter states that as i have raised a dispute it would not be appropriate for them to pursue. they want me to alternately contact them at their office and enter into a repayment plan (why would i?). theyve enclosed a Consent order agreeing to set aside the demand, is this not for the judge to decide, the hearing listed to be vacated and no order for costs. please would you advise me what steps to take next should i attend court and send my costs in or (and i do not wish to do so)sign this consent order. Theyve stated that they will issue proceedings in county court when the documentation from Original creditor becomes available, putting horse before cart, i want all this to end as i have a life to live but i need to fight for myself and other people who are experiencing these nightmares. i can only thank you on this site for helping me this far before this sd landed on my mat just before christmas (yes they really go for max impact) i didnt have a clue what to do. Any further advice you can offer will be gratefully appreciated. Can i also add that when i went to get this sd set aside i paid £60 i would like to claim this back and any other fees and costs i will be donating to this site

[unclebulgaria67]

In the absence if anything from the court, I would presume the set aside hearing was going ahead and submit my costs. Wait for more informed opinions, but I certainly would not be agreeing to any repayment, when they have not made their case.

 

Do you know exactly when you last made any payment ?

 

When did you take out the account with Littlewoods rougly ?

[pennsfrend]

i may have made a payment in 2008 but havent any documents to verify i took account out 2000 or 2001 and didnt sign anything resembling a cca so cant see why they would issue proceedings at future date they can have as much time as they like i didnt sign anything. why do you think they have asked for me to sign this Consent order is it to save face. why not request an adjournment until the documentation is available.what sort of costs should i claim for and am i likely to get anything from them

[unclebulgaria67]

i may have made a payment in 2008 but havent any documents to verify i took account out 2000 or 2001 and didnt sign anything resembling a cca so cant see why they would issue proceedings at future date they can have as much time as they like i didnt sign anything. why do you think they have asked for me to sign this Consent order is it to save face. why not request an adjournment until the documentation is available.what sort of costs should i claim for and am i likely to get anything from them

 

Because of the date you took out the account, they would need a copy of the original CCA. If they issue any court claim, you would defend and ask to see the CCA. If they can't provide it, then I doubt they would gain judgement.

 

In regard to costs for the SD set aside, I believe it is £18 per hour which in the LIP rate I believe, plus any basic costs you can identity e.g printing/photocopying. You would have to draw up details of costs, without going too far, as you might not get them if you ask for too much.

 

In regard to the letter from Lowell, I would probably suggest a reply saying that unless you receive confirmation from the court that the set aside hearing is not going ahead, you will presume it will be going ahead and submit your costs. Then you could say that in the absence of a copy of the original signed Consumer Credit Agreement and full details of the last payment made on the account, you are not able to give the matter any further thought.

[pennsfrend]

thankyou for your reply i will take your advice

[42man]

Guide to costs here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons