Lowell Statutory Demand Case Adjourned

[Old Cogger]

Steady here rules were changed it has been said, best look at more saliant points? but if a DJ has issued as you say it will be very interesting to see what if anything they come up with? as it is it is in yourfavour so far.

Edited May 24, 2013 by Old Cogger

[marshy1977]

Here is the order from the DJ, "..................in respect of each alleged debt referred to in SD together with notice of assignment in respect of each alleged debt and proof of when they were served and copies of the default notices"

[I've got no money]

Here is the order from the DJ, "..................in respect of each alleged debt referred to in SD together with notice of assignment in respect of each alleged debt and proof of when they were served and copies of the default notices"

 

That order says proof - so its either a witness statement saying personal service or the recorded delivery evidence.

 

I'm not an expert on the insolvency rules (I know a bit more about assignments and county court procs) BUT is it possible to apply for an order that if they don't comply with the order of the DJ by a certain date that they are debarred from defending the SD set aside

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?391969-BW-Legal-Lowell-Group-Statutory-demand-for-MBNA-credit-card

 

If there is anyone around, could they please pop over to the thread linked above and offer some advice. OP has to submit a WS by 4pm today.

 

Thanks

[rc14]

I had to submit a DPA request under Section 7 supported by a Direction Notice from the Judge which cost me £45.00. Lowell had told me that a previous request for documents made under Section 31.14 of CPR was not appropriate and thats why they ignored it. Their arguement was that S18 CPR applied as it was fast track. They basically obstruct as much as they can and the ICO did nothing to help. Lowell will have a computer log of all actions, but dont be suprised if its heavily redacted. Send the DPA recorded if you still have time. It will be interesting if they come back to the courts and say they had not received papers from the courts as that is what they told the judge with my case. Funny I received everything the courts sent me.

[marshy1977]

rc14, in my case it will be hard for them to deny that they did not get the court order because their representative was in court when the judge made the order in front of all of us. In fact he tried to ask the judge for an extension of time only and the judge said we are going to be specific and she made a list of documents she wanted them to supply.

[rc14]

rc14, in my case it will be hard for them to deny that they did not get the court order because their representative was in court when the judge made the order in front of all of us. In fact he tried to ask the judge for an extension of time only and the judge said we are going to be specific and she made a list of documents she wanted them to supply.

Then my money is on them backing down before or on the day. They cant take another whooping they really will start looking like a vexatious litigant.

[marshy1977]

I hope they back down, but I will need them to pay my costs.

[caro]

Are you sorted for now marshy?

[marshy1977]

Caro, I handed in my witness statement yesterday which was the due date. To date Lowell have not sent me any default notices. Hearing is next week.

[marshy1977]

BW Legal, lowells representatives have been calling, they left a message saying I should ring back and discuss proposals with them. I am not sure what to do here, any advice is grealty appreciated.

[caro]

If they get in touch again tell them to put any proposals they may have in writing and you'll look at them. Given the time until court I'd suggest email.

 

Do NOT get into any discussions on the phone.

[dx100uk]

no and watchout for the quiet little chats they want out side the court too before the hearing.

 

almost always designed to upset and confuse

 

to put you on the backfoot infront of the judge.

 

dx

[marshy1977]

Dear all, Its good and bad news. The Statutory Demand has been set aside with costs.

[marshy1977]

Now the not so good news. Lowell issued two Statutory demands. The first one was dated 18 January 2013 and it is the one that has been set aside. It has 5 debts the total listed is £2324.21. The total debts listed do not add up to total sum mentioned above.

 

The second one was in their bundle they served after a court order. It is dated 1 February 2013, it contains all the other debts in the first one plus 1 debt from O2. The total is £2324.21 same as the first one, all six debts add up to that sum.

 

Now the problem is this, the DDJ said she can only deal with SD of 18 Jan and that the one of 1 Feb is out of time and Lowell can petition for my bankruptcy. How does that work out? I need to make an out-of-time application for set-aside. Please help!

[unclebulgaria67]

Why was the set aside allowed ?

 

Can you use the same arguments to set aside this second SD ? If the SD was issued following a previous court order, it would help if you could post up details of the court order or a link to a previous post you have made on CAG.

 

If the debts are definitely due, not staute barred, no PPI or charges to be deducted, no other dispute about them, why don't you enter into a payment arrangement over a period that is affordable. If you made a payment and offer to enter into a payment arrangement, then taking this to a bankruptcy petition would be more difficult for Lowell. If there are reasons to dispute the debts, I would suggest that you start sending letters by recorded delivery, that you can use in evidence to show you are dealing with debts. This is very important, as if it ever got to a bankrutpcy petition hearing, a Judge would want to see evidence that you were dealing with the debts.

[marshy1977]

Lowell simply conceded the first one and agreed to the set aside. But the issue here is, the two SDs are essentially one thing, the DDJ touched on it.

[unclebulgaria67]

Lowell simply conceded the first one and agreed to the set aside. But the issue here is, the two SDs are essentially one thing, the DDJ touched on it.

 

So do you simply need to ask to set aside the second SD, pointing to the outcome of the first SD set aside ? It may just be a technicallity that the Judge could not deal with the other SD, as your application only concerned the first ?

 

Did the Judge make any comment about coming back again ( a nod or a wink), that suggested you should apply re the second SD set aside in the same way?

[marshy1977]

The judge implied that I need to something about it. She wasn't happy with what Lowell had done. I think I need to set it aside on the basis that essentially Lowell are circumventing the rules by repeatedly issuing the same SD even though it has been set aside. I need further advice please.

[unclebulgaria67]

I think you just need to apply for the set aside for the other SD that is still active, using exactly the same arguments and also pointing to the Judges decision on x date in which you were invited to apply to set aside another SD issued by the claimant. It is obviously not going to seem very clever of Lowells agents to have issued two SD's in a short space of time, requiring two set aside hearings.

 

In your arguments about the late set aside for the second SD, is that the claimant had caused confusion by issuing the SD's with differing information, while some of the debts which have been combined, have issues which need to be reviewed, so are not suitable for an insolvency process.

[citizenB]

I think you just need to apply for the set aside for the other SD that is still active, using exactly the same arguments and also pointing to the Judges decision on x date in which you were invited to apply to set aside another SD issued by the claimant. It is obviously not going to seem very clever of Lowells agents to have issued two SD's in a short space of time, requiring two set aside hearings.

 

In your arguments about the late set aside for the second SD, is that the claimant had caused confusion by issuing the SD's with differing information, while some of the debts which have been combined, have issues which need to be reviewed, so are not suitable for an insolvency process.

 

This is a good summary, UB.

 

Marshy, did you know about the 2nd SD and believe that by setting aside the earlier one, this would dispose of them both ?

[marshy1977]

Citizen B, yes I thought the second one was just putting right an error they made in the first one, because everything is the same apart from the O2 debt.

[marshy1977]

Unclebulgaria, I will do exactly what you mentioned above. I want to make sure they don't get a penny.

[I've got no money]

As I've said before I don't know much about bankruptcy - can I ask a question where the alleged debt is relatively small, as here, ln in view of the costs of bankruptcy proceedings is it likely that Lowell will actually bring them? Do we know if Lowell actually follow up their SD with bankruptcy petitions?

 

Whilst I'd agree that you should try to set aside the latest SD - I don't know if you need to panic if you're not successful - as I understand it the SD lasts for 12 months - they're 3 months in already...

[marshy1977]

I read somewhere, they are making at least 60 people bankrupt every week. I am not sure of the figures. Lowell are strange creatures they actually sent in a solicitor to concede a set aside application. I n the morning my wife received a further statement from BW Legal meant to used in today's hearing through the post. The solicitor was hammered by by the judge, basically she felt short of calling her incompetent.