BW Legal/Lowells Stat Demand - Have I left it too late?

[scarlettuk]

I received a SD on 22 January by BW Legal for a debt to Shop Direct Group. They claim I owe around £2.5k. I'm sure that amount is incorrect, but I do know that I have some outstanding. I've had my head buried in the sand for too long, and need to face the music. I received a follow-up letter from BW which I only looked at yesterday.

 

The letter states that they will enter a petition for bankruptcy today if I don't contact them. I wrote an e-mail yesterday to the address on the letter asking for time to find out more about the alleged debt.

 

I actually feel sick now. I know I should have dealt with it straight away, but I didn't. I haven't had a response to my e-mail and don't know what to do next to try and stop this petition. Any advice?

 

Many thanks in advance.

[unclebulgaria67]

How did they serve the SD to you ? If it was just posted to you, did they try to personally serve it to you ?

 

When did you last make any payment towards this debt ? Have you ever been in dispute with Lowell or Shop Direct about this debt ?

 

Even though it is a little late, you should send Lowell a CCA request, by recorded delivery. You need to include a £1 postal order as the statutory fee required for Lowells to process the request.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

You should also send a SAR to Shop Direct and ask them for copies of all paperwork they hold. Click on SAR for the letter to send and amend to state the documents that you require. e.g copy of Consumer Credit Agreement, Copies of all statements of account, a copy of any default notice issued, a copy of any termination of account issued, a copy of a notice of assignment if issued.

[scarlettuk]

Thanks Uncle Bulgaria. Yes, it was served in person on that date. I feel such a fool. It's a long while since I last paid anything to Shop Direct, but I'm sure it's within the last 6 years, so I doubt it would be statute barred. So far I have never disputed it officially, just ignored the letters. Is it worth calling BW to ask that they give me time to send the CCA and SAR requests? I appreciate that it's 11th hour. If they do go ahead and petition for my bankruptcy, what would my next steps be? Is it worth offering something to them in the meantime to hold proceedings?

[unclebulgaria67]

Any charges or PPI on the Shop Direct account, that if found to be overcharged, will have a real impact on the level of debt ?

[scarlettuk]

There will definitely be charges; not sure about PPI. However, I'm guessing that at the time the account was taken out, PPI was probably added as standard without being asked for. I'm just about to print the CCA letter now. I've found an address for Lowells at Enterprise House. Do you know if that's the correct one?I'll do the SAR to Shop Direct next.Thanks again.

[unclebulgaria67]

There will definitely be charges; not sure about PPI. However, I'm guessing that at the time the account was taken out, PPI was probably added as standard without being asked for. I'm just about to print the CCA letter now. I've found an address for Lowells at Enterprise House. Do you know if that's the correct one?I'll do the SAR to Shop Direct next.Thanks again.

 

Lowells address is Po Box 172, Leeds LS11 9WS, but I understand this does go to Enterprise House, 1 Apex View.

 

As for a set aside, I think you can actually submit this slightly outside of the timescale of 18 days, but you would have to be quick. With charges and PPI issues that need to be addressed, insolvency proceedings do not appear appropriate.

[unclebulgaria67]

Can you phone Shop Direct to see if you can find out the last date of payment on the account ? ( Assuming that you have not paid anyone else)

[scarlettuk]

I'm reluctant to call Shop Direct. I'm not very good on the phone; I suffer with anxiety and get myself in a mess! It's not an excuse, but partly the reason why I have had my head buried in the sand. I have sent another e-mail to BW Legal. Below is the e-mail thread, including yesterday's:

 

Dear Ms X

 

Further to the email below, please note that this alleged debt is in dispute. I have sent a request to Lowell Portfolio for a copy of the Consumer Credit Agreement and a Subject Access Request to Shop Direct Group.

 

Once I have determined the amount of debt outstanding, if any, I will make arrangements to pay.

 

Yours sincerely

ScarlettUK

 

On 11 Feb 2013, at 16:21, :

 

Dear Ms X

 

In reference to the above account, I respectfully request that you give me some more time to make enquiries into what this alleged debt refers to. I am unable to find any paperwork from Shop Direct Group, and am certainly not aware of owing the amount quoted by your company.

 

I am obviously rather concerned at the prospect of bankruptcy proceedings, as my mortgage is currently in arrears, and there is negative equity in the property. The property is also jointly owned by a former partner, for whom I have no current contact details.

 

If you wish to discuss further I can be contacted on [tel no.]. If I am unable to answer, please leave a voicemail and I will call you back.

 

Thank you

ScarlettUK

 

 

 

Does that look ok?

 

Edited to add: I'm 99% certain that there has been payment made within the last 6 years, so don't want to go down that route at present. However, if statements show that that's not the case, I'll be happy to pursue it. Hope that makes sense.

[unclebulgaria67]

Yes that seems ok. They may ignore your emails, as according to other posts BW Legal have just replied asking people to phone them, which of course you should not do.

[scarlettuk]

I really appreciate your input Uncle Bulgaria - thanks. My concern at present is that I suspect BW is likely to enter the bankruptcy petition today, at which point I believe I will have to oppose it. As I haven't disputed the debt before it may just look like stalling tactics on my part, rather than the realisation that I need to do something about it, which is what it is. Maybe I'm just looking at worse case scenario.

[unclebulgaria67]

I really appreciate your input Uncle Bulgaria - thanks. My concern at present is that I suspect BW is likely to enter the bankruptcy petition today, at which point I believe I will have to oppose it. As I haven't disputed the debt before it may just look like stalling tactics on my part, rather than the realisation that I need to do something about it, which is what it is. Maybe I'm just looking at worse case scenario.

 

There letter may say that, but then if you have no assets from which they can get the money, then they will be wasting money. They should be applying for a CCJ and not using Bankruptcy.

[42man]

If you want to set this aside you will have to move very quickly, the courts will normally allow 2 or 3 days grace, but you should apply to set aside if possible - this thread will give you an idea of what to do - http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand&highlight=bwlegal

 

And do a search under 'bwlegal' or 'lowells' and you will find plenty of threads including some in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[scarlettuk]

Thanks 42man. What would be my reasons to set aside? That I dispute the amount owed? I don't dispute that there may be an outstanding balance on the account, but I believe it's been inflated due to charges and PPI. I really wish I'd done something about this sooner. Will I need to go to court to set aside? Is it worth e-mailing Lowells to advise that I dispute the amount owed and will make arrangements to pay once we have agreed on the amount due? I've had a look at the forms 6.4 and 6.5 and they look a bit of a nightmare I'm struggling for time as I work full-time and don't get paid for time off.

[42man]

Did you have a look at the threads above ?

 

Have they produced a copy of your agreement in line with the Consumer Credit Act 1974 ? Any statements showing excessive charges or potentially missold PPI ? Does the default notice comply with the Consumer Credit Act ? is it fully legible ? is it a copy of when you opened the account or could it be a copy that wasn't in force when you took out the agreement ? Does the interest rate in the agreement tie up with what is on the statements ? Does the agreement contain cancellation rights as prescribed by The Consumer Credit (Cancellation Notices And Copies Of Documents 1983). You may think i'm talking mumbo jumbo, but once you have a read through some of the threads on these forums you will find out a lot more and certainly be more empowered as a result of that...

[42man]

Do you own your own house ?

[scarlettuk]

Did you have a look at the threads above ? Reading them as we speak.

 

Have they produced a copy of your agreement in line with the Consumer Credit Act 1974 ? Not yet as I've only just sent the CCA request to Lowell

 

Any statements showing excessive charges or potentially missold PPI ? I don't have any documents at all related to the account, but have SAR'ed Shop Direct Group. However, I have found e-mail relating to PPI on the account, so I know that it was on there.

 

Does the default notice comply with the Consumer Credit Act ? is it fully legible ? is it a copy of when you opened the account or could it be a copy that wasn't in force when you took out the agreement ? Does the interest rate in the agreement tie up with what is on the statements ? Does the agreement contain cancellation rights as prescribed by The Consumer Credit (Cancellation Notices And Copies Of Documents 1983). As above, I don't have any documents at present, so may be on thin ice

 

You may think i'm talking mumbo jumbo, but once you have a read through some of the threads on these forums you will find out a lot more and certainly be more empowered as a result of that...Not at all... any advice is most welcome, thank you[/QUOTE]

 

Answers inline above, thanks

[42man]

When did you SAR Shopdirect ? and when was the account opened ?

[scarlettuk]

Do you own your own house ?

 

Yes, I do. Negative equity of around £25k. Jointly mortgaged with an ex partner, for whom I have no contact details. Mortgage is in arrears, which I am currently paying off on my own.

 

It's all such a mess.

[scarlettuk]

When did you SAR Shopdirect ? and when was the account opened ?

 

Only today unfortunately. I'm afraid I have been the proverbial ostrich. No excuses. And I can't remember when the account was opened. I have read that there are different rules regarding enforceability depending on when it was opened, but I really can't remember, sorry.

Edited February 12, 2013 by scarlettuk

[unclebulgaria67]

Yes, I do. Negative equity of around £25k. Jointly mortgaged with an ex partner, for whom I have no contact details. Mortgage is in arrears, which I am currently paying off on my own.

 

It's all such a mess.

 

Wonder whether BW Legal/Lowells would be happy to proceed with Bankruptcy, for which they would be paying for and you could include any debts that you had ?

[42man]

Well only you can decide if you want to fight this or not. But they do progress to petition stage....

[scarlettuk]

Well only you can decide if you want to fight this or not. But they do progress to petition stage....

 

I am expecting that they will file the petition, as I don't think I'm going to have time to set aside. I'm already at 21 days due to my lack of action - nobody to blame but me, I realise that. Anyway, CCA and SAR requests are now sent and I have e-mailed BW Legal advising that once I have ascertained the true amount of the debt I will arrange to pay. Whether that's in one lump or instalments I guess will depend on how much it is. I will however fill in the set aside forms later when I get home and at least give it a try. Otherwise I will be opposing a bankruptcy petition. Oh well, we live and learn.

 

Thanks very much for your advice so far.

[scarlettuk]

Quick update. I've had a call from BW in response to my email saying that they will hold further action until Lowell has complied with the CCA request. Hopefully her word is good

[42man]

I would be extremely cautious, ring back and ask them to confirm it in writing.... and the only time I would speak to a DCA on the phone is if I could record the call....(so record it)

[scarlettuk]

I will do tomorrow, thanks. Probably a bit late now.