Lowells and Statutory Demand threat for £350 cat debt

[bennysonic]

Hi Everyone

 

I have a long running disagreement with Shop Direct over £350 worth of goods bought and sent back due to size / style issues

and to cut a long story short Shop Direct denied they were received and so defaulted the account.

 

So, Lowell's got involved and it seems they have bought the debt (probably for about tuppence in the pound) and are chasing like rabid terriers.

 

The latest letter threatens the visit of a process server,

delivery of a Statutory Demand and then,

to use their exact wording from the letter '..

.Lowell may then petition the court for your bankruptcy...'

 

Part of me thinks this is over posturing on their part but I have heard stories about Lowell's on this and other forums as to their nasty and vindictive nature.

 

Can they petition for bankruptcy for such a small amount? Does anyone have knowledge of the law on this issue? Also, I would be very grateful for any advice as to my next move.

 

Many thanks.

[citizenB]

They cannot issue a Statutory Demand for under £750.00. If they are even attempting to do this, then you should immediately contact the Office of Fair Trading.

 

In fact, the very fact they are even threatening this should be reported to the Office of Fair Trading.

[Bazooka Boo]

Dear oh dear!

 

Blatant and very clear evidence of lowlifes using the threat of SD's as a debt collection tool!

 

These foolish clowns CANNOT make you bankrupt for such a puny amount, the figure has to be £750, minimum.

 

Formal and urgent complaints to the Office of Fair Trading (OFT) and Trading Standards (TS)

 

Welcome to CAG too!

 

Have you made a formal complaint to Studio?

 

Have you evidence you returned the goods?

[dx100uk]

time to SAR shop direct me thinks

 

prob all PENALTY charges anyway too.

 

dx

[42man]

Invite them to apply for a demand, then take it to court and claim your costs....

[42man]

Can I please urge you to drop an email to this email address - [email protected] .uk (without the space) Just detailing the fact that you have received the above correspondence, tell them the amount, state that you are not happy at receiving threats of a stat demand when a) the amount is disputed and b) that as you understand it the amount is £750 to pursue a stat demand and subsequent petition...

 

 

[bennysonic]

Invite them to apply for a demand, then take it to court and claim your costs....

 

Sorry, Im new to all this and so apologies for being slightly naive but what costs? Would this be cost I may have incurred indealing with this matter or do you mean sue Lowells and claim my costs? Both sound interesting and so more info would be great Thanks.

[bennysonic]

Thank you I will do this today. I will also attach a scan of the letter.

[citizenB]

Sorry, Im new to all this and so apologies for being slightly naive but what costs? Would this be cost I may have incurred indealing with this matter or do you mean sue Lowells and claim my costs? Both sound interesting and so more info would be great Thanks.

 

 

Yes, claim your costs for dealing with the matter. This is something you would submit with your set aside if you need to do this. As the debt is below the thresh hold anyway, then this is irrelevant. They CANNOT issue a statutory demand, so there will be no need for you to set it aside.

 

However, if they continue to make this threat that they may/could/will, then I wonder if there is a precedent for suing them for the time involved in researching the situation and the stress/harassment.

[42man]

If you had to go to court (and please believe me when I say that you will win for a stat demand that is only £350) then you would be able to ask the judge for your costs - there is an example here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

Just keep us posted if you hear any more from them - did you email the OFT by the way ?