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Hi I am a new member and really need some advice. I have spoken to every debt charity i can find been referred to some and now come to a dead end unless i pay a solicitor £1000 to represent me and I haven't got that sort of money right now.

 

I was in financial difficulty some years ago and got myself into debt . I was being pursued by BWLegal on behalf of Lowell portfolio 1 ltd who had purchased 2 credit card debts from Capital One ( Europe ) PLC. The debt was for £886.92 and £2384.24.

 

They issued me an 18 day Statutory Demand dated 13 April 2012 which gave the details of the debt and the default date as 9th December 2005. Lowell Portfolio give the date of Assignment as 19th January 2007. No breakdown of debt or statement has been included.

 

Due to my own ignorance and other reasons i have not applied to set the demand aside and was pressurised and bullied into paying BW Legal £2150 on the 14 May 2012 and agreed to a repayment of £60 per month until the debt was repaid and they agreed a 20% reduction in the total amount repaid. In our telephone conversation i said i can't recall the debt as it was so long ago and they verbally agreed to send me copies of the agreements ( they now deny this).

 

As no copies of the agreements were sent i didn't give them any more money and this resulted in them issuing a Creditors Bankruptcy Petition on Failure to Comply with a Statutory Demand. The petition was dated 15th February 2013 and the hearing date 21st March 2013. I was served the petition by hand in the evening on the 9th March 2013.

 

I panicked filled in form 6.19 and filled a notice to oppose the Bankruptcy Petition on the 13th March 2013. This is what I put:

 

" Take notice that i ........ Intend to oppose the application to make a bankruptcy order on the following grounds :

 

After receiving a statutory demand from BWLegal and being close to the 18 days to set aside the notice.

 

I came to an arrangement with BWLegal to pay them £2150 and then the remainder of the debt to be reduced to £466.53. This was to be paid in instalments of £60 per month with the remaining balance of £46.53. I did state that i did not acknowledge my indie tenses to this agreement and had no recollection due to the fact it dated back to December 2005.

 

I also think the debt is statute-barred.

 

I did however agree to the above if BWLegal would not seek bankruptcy and would in a reasonable time frame provide me signed copies of the agreements and statements from Capitol one Europe plc. BWLegal agreed to this and i paid them £2150 to show good faith.

 

Since then no agreements or statements have been provided as agreed by BWLegal .

 

BWLegal constantly send demands for the outstanding balance of £1120.66 this is contrary to what was agreed.

 

BWLegal have failed to provide the appropriate signed copies of the agreements with Capitol one or any statements of the alleged debt and have not complied with the payment arrangements .

 

I would therefore ask the court to deny the bankruptcy order and ask BWLegal to provide the appropriate proof of debt within 14 days to the debtor.

 

If this cannot be done then BWLegal refund the original payment of 2150 to the debtor.

 

I apologise for wasting court time on this which could have been avoided if BWLegal fulfilled their arrangement ."

 

I attended the hearing on the 21st March and after the district judge it seemed spent 30 minutes explaining to me how serious this matter was and i should get professional help adjourned the hearing of the petition to 14th May 2013.

 

It is further ordered that the debtor must, not less than 4 clear days before the adjourned hearing file at the court and serve on the creditor a detailed statement in support of his opposition to the bankruptcy petition, exhibiting copies of all relevant documents.

 

Dated 21st March 2013

 

Since then as my wife and i are very stressed about this i have telephone BWLegal repeatedly and asked for a balance to settle. Up to now they just say they are waiting their clients instructions.

 

A person from the nationaldebtline has told me that she thinks this debt is definitely statute barred just because i paid £2150 it was after the 6 year period and the statute of limitations act clearly states that once the 6 year period has gone it cannot be restarted . BWLegal have no right to pursue this debt through the courts and the judge should have thrown it out. She went on to say she wasn't a solicitor and in few of the seriousness of the situation check her advice out.

 

The judge did say that it is in the court discretion to grant a set aside to an 18 demand if i wanted to apply now with good reason ? Not sure if this is a red herring.

 

My problem is what do i do now i am running out of time and cant get good advice without paying and i am flat broke. Do I apply to set aside, can i have some help in filling a better defence, is it true it is statute barred ? Please some one help the clock is ticking for me.

 

Thank you for reading my post .

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Nationaldebtline are absolutely right. Have a look at section 29 (7) of the Limitation Act 1980: "a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment." This should form the basis of your statement - I am assuming that there are no county court proceedings involved. You can also mention the fact that Lowell agreed to accept monthly payments, but unless you have this in writing it is difficult to prove.

 

If you are worried about the statement, why don't you post a draft and we can help you improve it.

 

You need to be aware of some traps with the time limit. "clear days" means you do not count the day of the hearing. The Civil Procedure Rules says that you do not count Saturdays or Sundays where the period is less than 5 days. For a hearing on 14 May you need to file it at court and serve it on BWLegal by 8 May at the latest.

 

You are out of time for applying for a set aside. You could apply for an extension of time to allow you to make a set aside... but as there will be a bankruptcy petition hearing anyway personally I don't think its necessary.

 

I would LOVE to see you sue Lowell in small claims for recovery of the £2150 paid back in May. The basis for your claim would be the law of restitution which allows you to recover payments made under a mistaken belief of law or fact (http://www.bailii.org/uk/cases/UKHL/1998/38.html). Here, you only made the payment because of the mistaken belief that you were indebted to Lowell. Assuming the debt was SB at that point I think you would have a very good chance of getting the money back. Give this some thought once the bankruptcy issue has been sorted.


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If there is a clear gap where you have not made a payment for at least 6 years then you need to start finding your strength and standing up in front of a judge and this company. Please also report this to the OFT, drop them an email - Polly.Ashford@oft.gsi.gov .uk (without the space)

 

Have you filled out your petition 6.19 and sent it in already ? (It has to be in the courts with a copy going to the claimant at least 7 days before the petition hearing) You should have also made some references to some High Court cases - you will see these in some of the other threads.

 

There are a number of threads you should be able to find by typing in BWLegal or Lowells in the search box. and you should also look in here, what a pity you paid them that amount, if you had known about these forums sooner, then your attitude would have changed considerably - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes


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.

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If it was me in your position at this stage then I would be doing this

 

Relax as best as you can, you are amongst others who are/have been in similar positions

 

Send a SAR to the original creditor - this will cost £10, but it could be £10 well spent, make sure you send it recorded delivery and enclose a postal order

 

Send a CCA request immediately to Lowells and BW Legal enclose £1 postal order for each and again send recorded delivery

 

They have stated that you need to file a 'statement' If it was me, then I would be filing either a witness statement or an affadavit

 

I would be sending this

 

Statement: Defendant

Party:

Statement:

Exhibits:

Date:

 

CLAIM NO.XXXof XXX

 

APPLICATION TO DISMISS THE BANKRUPTCY PETITION OF

 

OF MR (name)

_________________________________________________________

statement of MR (name)

_________________________________________________________

 

I, Mr (name) of ………(address)……………………………… will say as follows:-

The defendant avers that the debt is clearly statute barred, and despite a recent payment there is a clear gap of at least 6 years where no payment has been made. The defendnat avers that the use of the insolvency service in this way is frivolous I refer to the Office Of Fair Trading's guidelines on debt collection which clearly state

 

Statute barred debt

3.14

This guidance applies to the pursuit of debt regardless of its age.

This section seeks to address specific issues related to statute barreddebt and sets out what we consider may be unfair or

improper practices, whether unlawful or not. It also sets out the differences between the law in England and Wales, Northern Ireland

and Scotland.

3.15 The OFT position with regard to the recovery of statute barred debt is as follows

 

b.

Where businesses seek to recover statute barred debt in England, Wales or Northern Ireland,

we consider that the following may be unfair or improper practices:

pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant

limitation period.

 

For example, that the relevant limitation period has expired.The person seeking to recover the debt would effectively be relying

on the debtor not knowing the relevant legal provisions.

 

 

The claimant has failed to provide a copy of the agreement despite a legal request made under the Consumer Credit Act 1974 see attachment 1 (attachment 1will be your CCA requests along with your proof of postage)

 

SECTION 78 (1) CONSUMER CREDIT ACT 1974

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

The Consumer Credit Act in section 78(6) States that

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

 

The claimant refers to the authority of Jones vs Link Financial - [2012] EWHC 2402 (QB)

 

"This is not because he becomes under a contractual obligation to perform those duties, but rather because he cannot assert his rights under the regulated credit agreement without accepting the statutory obligation to perform duties under the 1974 Act relating to enforcement of those rights. "

 

"I agree with Professor Guest that this would apply to the statutory duties under ss.77, 78 (duty to give information to the debtor), ss.76, 87, 98 (duty to serve enforcement, default and termination notices), s.97 (duty to supply settlement figure), s.103 (duty to provide termination statement)"

 

"In my judgment the "duties" referred to in section 189 are therefore those statutory duties under the 1974 Act which the assignee has to perform in order to enforce his assigned rights. These duties have "passed by assignment" in the sense that it is by reason of the assignment that the assignee becomes obliged to fulfil them"

 

For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation……

 

The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6))

Citation

1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007.

Interpretation

2. In this Order “the 2006 Act” means the Consumer Credit Act 2006.

Commencement

3. — (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

Transitional Provisions

4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007.

 

5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in—

(a)

sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)

section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

©

section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act,

in relation to agreements made before 6 April 2007.

 

REFERENCE TO CASE LAW

 

  1. As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that:
    ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to First County Trusts's right to recover the total sum payable on redemption, which included the principal as well as interest[.’

 

SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40

 

THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT

 

 

 

The claimant has failed to provide any copies of any valid default notices as required under the Consumer Credit Act.

 

The claimant has failed to provide any deeds or notices of assignment.

 

The claimant has failed to provide any statements for the duration of the agreement (as in Phoenix vs Kotecha)

 

The defendant also refers to

 

PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011)

 

CA (Civ Div) (Thorpe LJ, Lloyd LJ, Patten LJ) 26/1/2011

A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).

 

"Interest rates were a term of central importance in credit card agreements. There was a strong case that the interest charges which would have been specified in the terms and conditions when B and K made the agreement in 1998 were those in the leaflet and not those which appeared in P's evidence. Under s.78(1), a creditor was required to set out the actual, original terms and conditions of the agreement at the time it was made. In those circumstances, P had not proved that that obligation was satisfied, and it was therefore not entitled to progress to enforce the debt against K under s.78(6)."

 

DEFAULT NOTICE

 

The Need for a Default notice

 

  • Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been provided

 

  • It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

  • Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

  • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

 

  • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

The claimant has failed to provide any details of any potentially missoldlink3.gif insurance that may have been added to the agreement.

 

The defendant avers that some debts are made up entirely of charges and / or potentially missold personal protection insurance.

 

It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

 

The defendant also wishes to make known the statutes in the Consumer Protection From Unfair Tradinglink3.gif Regulations 2008, and believes that the alleged creditor is in multiple breach of statute

 

Offences relating to unfair commercial practices. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

Which clearly state...

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct,

 

Interpretation.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it;

 

“trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade

 

The defendant refers to the Code Of Conduct stated by the Credit Service Association of which Lowells are a member -

The code of conduct clearly states

 

Every member shall:

a conduct its business in compliance with all relevant legislation,

regulations, regulatory guidance and requirements and this Code of

Practice

 

v when an account is reasonably disputed or a complaint is received,

suspend collection activity and investigate and where applicable

refer the matter to their client

 

aa treat debtors fairly and not subject debtors (or their authorised

representatives) to aggressive practices, or conduct which is

deceitful, oppressive, unfair or improper, whether lawful or not

 

a) Conduct its business lawfully, comply with

all relevant UK legislation, regulation

and judicial decisions and trade fairly and

responsibly.

 

Office Of Fair Trading

 

3 UNFAIR OR IMPROPER BUSINESS PRACTICES

 

e. When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information

 

• a person being pursued for an incorrect amount.

 

f. failing to ensure that an accurate and adequate history of the debt is passed between parties, as appropriate and necessary

 

n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts

 

Comply with this Code of Practice and

follow any guidance notes issued by the

Board of the AssociationPublished by the Office of Fair Trading

In light of the above evidence, the defendant gracefully requests the Judge dismisses the demand and orders the claimant to pay my full costs + compensation (either in the standard or in the indemnity) in light of the distress and upset this has caused myself and my family.

 

In support of this I quote –

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collectionwhere there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner). Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

I believe the facts herewith in this form are true.

 

 

 

 

 

 

 

I believe that the facts stated in this witness statement are true.

 

SIGNED ………………………………………..

 

MR (name)

 

 

Dated ………………………………………..


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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You will need to tidy this up and just have a really good read and understand exactly what is being said......and despite the CSA changing their code of conduct recently (just to appease Lowells discrepancies) it was relevant and parts of it still remain

 

aa treat debtors fairly and not subject debtors (or their authorised

representatives) to aggressive practices, or conduct which is

deceitful, oppressive, unfair or improper, whether lawful or not

 

a) Conduct its business lawfully, comply with

all relevant UK legislation, regulation

and judicial decisions and trade fairly and

responsibly.

 

If you relate this to CPUTR2008 then I hope you will understand......and it is crucial you tell the OFT of this....


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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Hello 42man and Steampowered i really appreciate the time you have spent on reading my post and replying. I must admit i felt railroaded by the judge on the initial hearing and all he was interested in was to warn me i should just pay up. I thought the law was to protect the man in the street but this is just a naive opinion.

 

I will in the first instance do what you say 42man and send a SAR to the original creditor i presume this will be Capitol one Europe plc. I need to find an address for them. I will also send CCA requests to Lowell and BWLegal . How long do they have to reply?

 

I will also look at the information you have provided and start writing my defence which i will post for you to look at .

 

The £2150 i originally paid was from premium bonds and the last little savings i had i have every intention of trying to get it back if i can get rid of the bankruptcy petition .

 

Thanks for your help

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Please do spend some time reading around these forums, you will become more empowered after doing this and you will start feeling quite angry at the way you have been treated....whatever you do however you MUST report them to the OFT.


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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HI Everyone sorry for the delay in doing this but i have been away a few days with job commitments and not had a chance to do what you asked.

 

Today i have sent SAR letters together with £10 postal orders by signed for post to Capital One Europe Ltd, Lowell Portfolio 1 Ltd and BW Legal Ltd.

 

I have also sent CCA letters with £1 postal orders by signed for post to Lowell Portfolio 1 Ltd and BW Legal Ltd.

 

I did this to hopefully get as much back as possible but i am worried about the timescales as they have 40 days to comply which takes it past my bankruptcy hearing date can I apply to court for more time ?

 

Should I also send a letter to BW Legal ref the Statute Barred Notice informing them they are outside the 6 year limit I have read about this on some other posts but not sure if this is too late?

 

I am in the process of sending an emil to the OFT

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Suggest you contact Cap 1 directly and ask when the accounts were defaulted, and exactly when they received the last payments. Record the call if you can. They should still hold the info.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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You will need to tidy this up and just have a really good read and understand exactly what is being said......and despite the CSA changing their code of conduct recently (just to appease Lowells discrepancies) it was relevant and parts of it still remain

 

aa treat debtors fairly and not subject debtors (or their authorised

representatives) to aggressive practices, or conduct which is

deceitful, oppressive, unfair or improper, whether lawful or not

 

a) Conduct its business lawfully, comply with

all relevant UK legislation, regulation

and judicial decisions and trade fairly and

responsibly.

 

If you relate this to CPUTR2008 then I hope you will understand......and it is crucial you tell the OFT of this....

 

Hi 42man I am trying to find the guide for CPUTR2008 i found a link which did not work and a general search pulls up hundreds anything relevant you think i should be looking at. ?

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Hi 42man I am trying to find the guide for CPUTR2008 i found a link which did not work and a general search pulls up hundreds anything relevant you think i should be looking at. ?

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?542-Consumer-Protection-from-Unfair-Trading-Regs-2008-explanation-and-guidance

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?146460

 

Here you go, two links that might help :)


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Here you go, two links that might help :)

 

The first link does not work it says i do not have sufficient rights? Another question i am worried about the letters i sent were signed by me i have read they should only be digitally signed is this a big problem?

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Try copy and pasting the link into your browser. See if that works.

 

Another question i am worried about the letters i sent were signed by me i have

read they should only be digitally signed is this a big problem?

 

It is too late to worry about this now, you have signed them. Is there a significant change in your signature from around the time you signed the original document !


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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you called Cap1 to try and get the last payment info?


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Have you called Cap1 to try and get the last payment info?

 

Hi I telephoned Capitol 1 and recorded the telephone conversation today. I was told that both accounts were sold to Lowells my last payment to Capitol one on each account was £152.37 on the 5th July 2005 which then defaulted on the 9th December 2005 and the other account £51.12 on the 5th July 2005 which also defaulted on the 9th December. I have not heard any thing back from BWLegal, Lowells or Capitol one regards the SARS or CCA yet.

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Hi I telephoned Capitol 1 and recorded the telephone conversation today. I was told that both accounts were sold to Lowells my last payment to Capitol one on each account was £152.37 on the 5th July 2005 which then defaulted on the 9th December 2005 and the other account £51.12 on the 5th July 2005 which also defaulted on the 9th December. I have not heard any thing back from BWLegal, Lowells or Capitol one regards the SARS or CCA yet.

 

Brilliant. You have the power!


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In the post today i received a letter from BWLegal stating dear sir bankruptcy petition Lowell portfolio 1 ltd V kp1234 case number ...... Hearing date 14/05/2013 at 10:30

 

We write with reference to the above matter and enclose by way of service ;

 

Copy of agreement

Statement of account

 

They make no reference to my SAR request or CCA request the agreement copy is not a copy of the agreement but shows my signature on the signature box headed up credit agreement regulated by the consumer credit act 1974. The signature is dated 14/12/01.

 

The statement of account is just rubbish it shows 27 pages of moth by month statement date, minimum payment due. Credit limit. New balance. Transaction date which is blank, details which is blank , paid in £0 paid out £0 totals £0

 

I really don't understand why they have sent this it doesn't explain anything and just seems to add weight that this should be statute barred. Just wondered if any one else could throw any light on this or why are they continuing to the hearing ? Is it in my best interest to or can i insist on the hearing so i can get judgement to add weight to my claim for the refund of my payment . Any help would be appreciated.

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Why don't you phone BW Legal to advise them of the last payment details and point out the debt is statute barred. Ask them what they want to do, to avoid having to pay your costs. They can contact the court to withdraw and this can be confirmed in writing. This would save you hassle.


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They are hoping and praying that you will curl up into a ball and do nothing or pay them....it is potentially a big risk to them, especially so as you should submit your costs too...

 

Or you could write to them explaining that if they pay your costs and withdraw the petition then you will not fight your corner in court.(where you will win anyway !!)


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At the risk of stating the bleeding obvious, are you sure a CCJ was never obtained? If not, you have a complete defence to the petition. You won't get your £2,150 back though. Being statute barred does not stop you owing the debt, it only stops you being sued for it. If you make a payment on a statute barred debt when you didn't need to, that's the creditor's good luck.

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Hi I wrote to BWLegal explaining that the debt is statute barred they should drop the case unless they want to incur further costs and pay my costs. They have tried to contact me on the telephone 5 times but i was at work and missed the calls. I now need to prepare my submission to court and have a pretty good idea what to put thanks to all of you. I would however like some help with claiming costs do i have to say anything on my defence regarding costs any help would be much appreciated.

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Hi today went to court and filed defence pretty much the same as 42man provided for me thanks very much. Just a word of warning the court is now under an appointment only system they only would talk to me on the phone were rude unhelpful and tried to charge £70 to file the defence blaming me for describing it wrong. No one would see me at the counters and i had to leave it in the post box. My advice would be to telephone in advance and if necessary make an appointment as it was rudely pointed out to me. Allow for a couple of days grace.

 

BWLegal are now claiming payments were made to Lowells i pointed out nothing was made as this is supported in their statement they sent to me. Court next week and i am bricking it. Lol

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An answer to my SAR request was received today dorm Capitol one there is a copy of the signature box but this is not a credit agreement is it ? BW legal want to settle and go back to the original offer of £460 and the will settle out of court. They are now saying payments were made on the account in 2008 i have no recollection and the amount they issued the bankruptcy was for the original amount from Capitol one. Should I settle and pay them another £460 whats the risk,in going to court ? Please i need some help with this.

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