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bw legal statutory demand/lowell portfolio


kevin316ise
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hi,i received a stat demand from bw legaL regarding two lowell acounts

 

firstly can they join two accounts together to make one

 

some part of the stat demand has been deleted which would notify me of my rights to seek legal advice,

 

does this mean it is not valid and are they allowed to stamp the envelopes stating they are a debt collection solitor,

 

i have missed the deadline for setting aside and have arranged to pay monthly

but i regret this now and was only done because my partner was so worried

 

,i think it was just a scare tactic,

 

i have now sent a cca request for both accounts to lowell and bw legal and sent a much lower full and final settlement offer to them aswell

but i doubt they will accept it i also sent a letter to the oft regarding the above,

 

am i doing the right thing or should i just pay my monthly payments,

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What is the history of these 2 debts ? Last payment made when ? Charges to be reclaimed ? PPI ?

 

Making the CCA request was the right thing to do, but you may wish to send SAR requests to the original creditors for all the data they hold, specifically asking for copies of all statements, a copy of the CCA, any default notice issue, any termination notice etc.

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Depending on what the two accounts were would depend o whether the CCA request is right or not.

 

What were the two 'separate' accounts?

 

Both loans? Current accounts? When were they taken put and how?

 

Do both of these agreements have EXACTLY the same T&C's, and % rates??

 

An SD is a pre-cursor to a bankruptcy petition so these amounts must be individually above £750, if one account was lower than this and they added them together to meet the BR level then an SD should never have been issued.

 

Also, it is important to note that some DCA's like to issue SD's as a means of debt collection, now depending on the figure outstanding, I wouldn't be surprised if this is the case.

 

Check your credit files, STOP offering them F&F offers.

 

What are the accounts?

Who were they originaly with?

When did you take them out?

When was the last payment on them and to whom?

Has the OC sold these accounts or merely getting DCA's to do their dirty work?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi thanks for your reply,

both are shop direct catalogue debts one 1800 the other 1300 took out in 2007 i think

last pament 2009 to shop direct,

i think sold to dca cant remember which one then sold to lowell,i ignored them all now passed to bw legal to which they sent sd

checked credit file and they show as defaults both by lowells also lowell check my file sometimes twice a month

what about the sd have parts deleted does this matter is it ok to do a cca request after the sd

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hi thanks for your reply

both are shop direct catalogues opened 2007

last payed to shop direct in 2009,balance 1800 and 1300

i never signed the agreement they sent just ticked box online

passed about a bit then to lowell who issued sd through bw legal

what about the deleted part of sd, does this matter

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the oft states that dca should not act in a way that would publicly embarass a debtor,surely a stamped envelope stating they are a debt collector would breach this rule or am i wrong

 

I agree about the envelope being against OFT guidelines, so you could make a complaint.

 

As these debts are fairly recent, you have done the right thing entering into repayment, as Lowells do appear to try for bankruptcy, even though on a number of occasions reported on CAG, they don't always have the paperwork when challenged in court.

 

Anyway, you just need to dig away and see what information you can find out about these debts, so you can challenge anything you can. I suspect that Lowells have bought these debts for about 10% of their value, so they may be open to reasonable offers.

We could do with some help from you.

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thanks,

this was my thoughts about envelope so i have sent letter to oft to complain

i made an offer to bw legal but they refused i think because they will be commision based

so i sent same offer to lowells i am still waiting for a reply

also i wouldnt fill in bw legals income and expentiture form as i beleive they wanted far to much detail,i emailed them to tell them this and they backed down and accepted my offer without it,but when they sent the form out to me they said they would take court action if i didnt fill it in,i will continue to make payments for now but should i stop if they cant supply me with the cca

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I would certainly be concerned that the sections on the SD regarding your legal rights has been removed and would make a formal complaint to Lowell and BW legal.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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hi,yes i have sent my complaint to the oft about this aswell, is there anyone else i can complain to because i heard the oft dont really do anything about it.i am really angry about it now cos i feel like ive been taken for a mug and they have won by sending out the sd which i am pretty sure they would never follow up,but because i am a home owner,my partner woudnt let me take the risk,so paying for now and trying to find out as much info as i can to fight back against these lowlifes

 

what exactly is a sars request,is there a template letter available for this,

 

can i go to the court and ask if the sd is genuine,

 

cca request sent,whats happens next

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SAR ''subject access request for the production of all personal data held on a data subject'' eg you.

Cost is £10 a statutory fee the creditor has 40 days to comply.

I maybe wise to get some local qualified legal advice on the status of the SD.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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made a complaint about bw legal to them by email and copied in lowlife,got a quick response from lowell who have now put account on hold, lets see what happens now

 

been thinking about this though

 

if the stat demand is fake, and i could prove that bw legal knew they could never use it in court,then have they not obtained goods by deception which is a criminal offence.

found a few sites which explain the requirements needed to prosecute for this offence,and this meets all of the requirements if the stat demand is a fake and it can be proven that they knew it was fake,

 

i am going to the court on monday to see if they can tell me if it is real or not

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I RECEIVED A SD FROM BW LEGAL

A WEEK LATER I GOT A LETTER SAYING IF I DIDNT ARRANGE TO PAY THE WOULD SEND A PETITION TO THE COURT FOR BANCRUPTCY

IN A PANIC I PHONED UP TO MAKE ARRANGEMENT TO PAY MONTHLY

AFTER THIS I DONE A BIT RESEARCH AND FOUND THAT THE SD HAS PARTS DELETED FROM IT, THE NOTES WHICH SHOULD ADVISE ME OF MY RIGHTS TO SEEK LEGAL ADVICE ARE MISSING,WOULD THIS MAKE IT INVALID.

I AM NOW THINKING THIS IS JUST A FAKE TO MAKE ME PHONE THEM AND ARRANE TO PAY,WHEN I PHONED THE MAN ON THE PHONE WOUDNT SAY STATUTORY DEMAND,BUT REFERRED TO IT AS A DEMAND

 

IF THIS SD IS FALSE AND COULD NOT BE USED IN COURT,THEN BW LEGAL HAVE OBTAINED GOODS BY DECEPTION

INBRIEF WEBSITE HAS AN ARTICLE ON THIS, AND I THINK THIS CASE WOULD MEET ALL THE REQUIREMENTS NEEDED TO GO AHEAD WITH A CASE,IF I COULD PROVE THAT THE SD WAS FALSE AND BW LEGAL KNEW IT WAS FALSE,

 

I AM GOING TO THE COURT ON MONDAY TO SEE IF THEY CAN TELL ME ANYTHING ABOUT THE STATE OF THE SD

 

AND IF I AM RIGHT I WILL MAKE A DETAILED STATEMENT AND TAKE IT TO THE POLICE TO SEE IF THEY CAN DO ANYTHING ABOUT IT

 

ANY THOUGHTS ON THIS PLEASE HELP:mad2:

Edited by kevin316ise
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Can you scan and upload a copy of the alleged SD deleting any personal details? Would be interesting to see what they have sent and may help others to identify if they received a fake one.

 

The SD should look like http://www.bis.gov.uk/assets/bispartners/insolvency/docs/forms/ew/form6-01.doc . If you can't scan it, can you say which parts of this document have been deleted?

 

If it is a fake, you could also report them to the SRA http://www.sra.org.uk/consumers/problems/report-solicitor.page#when-report-sra

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To upload documents to the forum/thread follow the instructions below - converting to pdf is much better if you can do this.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

You would be very foolish indeed to cease payment if they dont comply with your CCA request - they could simply issue another Stat Demand or a county court claim (which they should have issued in the first place).

If these are catalogue debts then there are almost certainly some default / penalty charges on the debt - these can be reclaimed but you will need to make the SAR request which will cost you £10.00 - the request goes to the Original creditor and they have 40 calendar days to comply. There is a draft letter in the CAG library that you could use.

 

If you could scan in the Stat Demand that would be good (you need to edit out any personal information)

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do solicitors have to follow oft guidelines

 

For activities they are involved with that are regulated by the OFT then they would have to follow OFT guidleines e.g. if they are involved in debt collection and hold a consumer credit licence then the OFT guidelines for debt collection would apply to them.

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To upload documents to the forum/thread follow the instructions below - converting to pdf is much better if you can do this.

 

 

You would be very foolish indeed to cease payment if they dont comply with your CCA request - they could simply issue another Stat Demand or a county court claim (which they should have issued in the first place).

If these are catalogue debts then there are almost certainly some default / penalty charges on the debt - these can be reclaimed but you will need to make the SAR request which will cost you £10.00 - the request goes to the Original creditor and they have 40 calendar days to comply. There is a draft letter in the CAG library that you could use.

 

If you could scan in the Stat Demand that would be good (you need to edit out any personal information)

does it not come unenforceable if they can not provide me with cca request

Edited by kevin316ise
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