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


scarlettuk
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The reason I state this is because of this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?381705-Lowells-claiming-I-made-a-payment-on-Statute-Barred-Debt&highlight=lowells

 

The OP stated that Lowells claimed the person paid 50p....

 

In this one they denied ever receiving anything until the OP quoted the postal tracking number - http://www.consumeractiongroup.co.uk/forum/showthread.php?381954-Lowells-BW-Legal-Stat-Demand&highlight=tracked

 

There are a number of other threads where a payment has been alleged to have been made by the person, if true then Lowells are attempting to stat that any debt is NOT statute barred when it actually is - basically they can deny anything they like unless you have proof...

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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scarlett

bankruptcy is re an inability to pay debts. and a last resort. if your set aside application is not accepted out of time, and they do petition, a petition can also be challenged and compounded prior if required and poss. also, there is negative equity which may affect things re a bankruptcy.

Edited by Ford

IMO

:-):rant:

 

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  • 3 weeks later...

Hello again. A quick update... I have had several missed calls from the "lady" at BW Legal, one with a voicemail stating she had an update for me. Anyway, I haven't spoken to her. The 12 + 2 days for complying with the CCA request passed several days ago for Lowells (I have an online POD so I know they got it), so I am going to send an Account in Dispute letter today. Is that the right one? I've had an acknowledgement of my SAR request from Shop Direct Group.Do I need to communicate with BW Legal at all? If so I'm happy to do that via e-mail.Thanks for all your help so far, and apologies for disappearing! Life with a full-time job and a 10-month-old baby can be fun sometimes :)

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Yes account in dispute letter. Don't speak to BW Legal, as they are acting as debt collectors as well. You can email if you want to advise them that Lowells have failed to respond to the CCA request.

We could do with some help from you.

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Thanks Uncle Bulgaria. Just doing the letter now from the template and have noticed that it's 12 WORKING days, not calendar days (my mistake). So, my letter was dated 8th February, didn't manage to post it until 12th, it was signed for delivered on 14th, so when do I count the 12 days from? If it's from the 8th, then today is the 12+2, if the 12th when I actually posted it they have until Monday. Do I wait, or do it now? It's written anyway, so just a case of changing a date before printing.Cheers :)

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Send once they have missed the deadline. Did BW Legal confirm in writing that they have withdrawn the SD ? When is the date due, when you would have to set aside by i.e 18 days from when the SD was served ?

We could do with some help from you.

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I had already missed the deadline to apply to set aside, and didn't have a good reason for applying late. As far as I'm aware BW hasn't withdrawn the SD. I had a telephone conversation with them just after I'd posted the CCA and SAR requests and she stated verbally that they would put a hold on proceedings until Lowells had complied with the CCA request. Unfortunately nothing in writing and I didn't record the call as she called on my mobile when I was in the car.I will see what the post brings until Monday, and then send the letter on Tuesday if appropriate. If they do, by some miracle, supply the CCA I will post it up here (minus identifying details) so that we can see if it meets the requirements.Again, many thanks.

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I had already missed the deadline to apply to set aside, and didn't have a good reason for applying late. As far as I'm aware BW hasn't withdrawn the SD. I had a telephone conversation with them just after I'd posted the CCA and SAR requests and she stated verbally that they would put a hold on proceedings until Lowells had complied with the CCA request. Unfortunately nothing in writing and I didn't record the call as she called on my mobile when I was in the car.I will see what the post brings until Monday, and then send the letter on Tuesday if appropriate. If they do, by some miracle, supply the CCA I will post it up here (minus identifying details) so that we can see if it meets the requirements.Again, many thanks.

 

If you are ever in this situation again or for anyone else viewing the thread. Unless you receive a letter withdrawing the SD, then you have to think that the creditors will at some point try to go for bankruptcy, as soon as they have the paperwork. We have seen cases on CAG, where Lowells have tried for bankruptcy, when they have not had the paperwork. So always go for the set aside, within the 18 day allowed and don't believe anything you are told verbally.

We could do with some help from you.

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If you are ever in this situation again or for anyone else viewing the thread. Unless you receive a letter withdrawing the SD, then you have to think that the creditors will at some point try to go for bankruptcy, as soon as they have the paperwork. We have seen cases on CAG, where Lowells have tried for bankruptcy, when they have not had the paperwork. So always go for the set aside, within the 18 day allowed and don't believe anything you are told verbally.

 

Very good advice... I will certainly not make the same mistake again. I'm hopeful that it won't go to bankruptcy. I'm not insolvent. Once I have the paperwork from Shop Direct (the originaly creditor) I can work out what i do actually owe and take it from there. I'm obviously reluctant to just hand over a sum because that's what they say I owe. Hopefully common sense will prevail ;)

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  • 3 weeks later...

I received the paperwork from SDG in response to my SAR request. I noticed in there a note that they'd had a request from Lowell's for the CCA, and that it wasn't available. I have since received a letter from Lowell's advising that they are unable to provide the CCA so are closing my account and no further action will be taken. Do I still need to ask them to withdraw the SD? I'm almost certain that no CCA exists as it was an account which was set up online several years ago. I think I can breathe a sigh of relief now, but wouldn't have been able to do it without the help of you lovely people. xxThanks

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I think I would leave it now. There letter says that have closed the account and no further action will be taken, which means the SD is dead.

We could do with some help from you.

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Keep us posted in case you hear any more.....I would still inform the OFT too, you MUST

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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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... I have since received a letter from Lowell's advising that they are unable to provide the CCA so are closing my account and no further action will be taken. ...

keep that letter safe :)

IMO

:-):rant:

 

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I will be reporting them to the OFT and will definitely be keeping safe the letter and the rather small bundle of stuff that I got from SDG in response to my SAR request. Thanks again for all your support.

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