Help - Lowell Statutory Demand [LIttlewoods Cat debt & store card together] **SET ASIDE**

[citizenB]

Sometimes the Representatives do try to speak to you prior to the hearing. You should politely tell them you would prefer them to say what they have to say in front of the Judge.

 

I am sure others with more experience will be around prior to your hearing tomorrow.

[BRIGADIER2JCS]

Sometimes the Representatives do try to speak to you prior to the hearing. You should politely tell them you would prefer them to say what they have to say in front of the Judge.

 

I am sure others with more experience will be around prior to your hearing tomorrow.

 

Excellent advice from CB, Lowell often use litigation paralegals for these hearings, as CB said do not let them persuade you to agreeing to anything at all, ignore comments such as ''it would be better for concerned if.......'' better for them yes for you probably not so good.

[nunkychunky]

Thanks again folks for the heads up. Will let you know tomorrow how I get on....

[BRIGADIER2JCS]

The very best of luck!!!

[nunkychunky]

Folks,

 

Was in and out of Court in five minutes. The DJ has adjourned it to the first available date, with an estimated hearing time of 1.5 hours and reading time of 30 minutes, his reasoning is that he was passed B W's witness statement and my second witness statement seemingly today, and the 15 minutes originally estimated was no way long enough. Bit of a waste of time and mightily frustrating.

 

NC

Edited June 4, 2013 by nunkychunky

[BRIGADIER2JCS]

Well at least DJ is being through which is a good thing.

[nunkychunky]

Good point Brig and taken on board. I suppose a lot of people when they receive an SD immediately panic and pay over the phone, without possibly realising the option to apply to set aside is a basic right under the IA 86. I suppose in the circumstances and the smaller courts these types of hearings are not that common.

 

I wonder, in the meantime, what defence (if any) B W are likely to come up with. Are they bound by the first agreement they have provided (the one with no name and address)? If they come up with a second one (after the error has now been pointed out to them), can they be considered to have "retrospectively invented one" which HHJ Waksman stated could not be done.

 

Alternatively are B W likely to withdraw the SD?

 

NC

[BRIGADIER2JCS]

Sorry to say it's wait and see, would not like to speculate personally.

[citizenB]

How very frustrating that this has been adjourned. Very poor that the Judge was only just given the WS to read !

[nunkychunky]

Folks,

 

B W yesterday sent through a reconstituted agreement of the Littlewoods credit card (included on the SD - the debt is around £450, the credit limit was £250).

 

Does the reconstituted agreement have to specifically state the full Christian name of the borrower or is just the initial OK? (e.g. S Smith or Stuart Smith - note I've just made these names up).

 

The point is that my spouse has exactly the same initial as me so from reading the agreement it is not possible to say who the debt belongs to (me or my spouse). I will also have to check, but they may have put the wrong address on it as well.

 

If I instigate a claim for a refund of interest and charges, is any refund paid to Lowell, or assuming that the money is paid to me, is it worth using it to make an offer to get rid of this particular debt?

 

Laters,

 

NC

[citizenB]

IMHO, the name should be as it was used on the original agreement/card. The address should definitely be the one you were living at the time the agreement was taken out.

[BRIGADIER2JCS]

IMHO, the name should be as it was used on the original agreement/card. The address should definitely be the one you were living at the time the agreement was taken out.

That is totally correct, the data must be unequivocal in identifying the account (alleged) holder.

It is clear here that it could be anothers account.

[nunkychunky]

Folks,

 

Just had another hearing date through - 9th August, two months away. Plenty of time, therefore, for Lowells to think about a response.....

 

NC

[citizenB]

Was this a catalogue account - I would be interested to see the "contract" because they didn't provide one, did they ?

[nunkychunky]

Yes, CitizenB, for the catalogue they provided a "contract" but it just looked like a random set of terms and conditions - with NO name or address on it. The Barclaycard documentation is also questionable, no Christian name is quoted, just the initial, and my spouse also has the same initial!

 

It is at #62, I will scan in and post the Barclaycard one tomorrow or Friday. I am less worried about that one, but it appears Lowells hoover up debts and add them all to the same SD.

 

Interestingly, I had a quick search on the London Gazette website and it appears that on average 4 people a day are being made bankrupt by Lowell or B W Legal. That is on average 1300 a year, 60,000 thousand bankruptcies or thereabouts last year. I don't know how they are allowed to get away with it.

 

They must be raking it in, a bankruptcy petition must cost over £1000 a time. Surely the law in this country needs changing, the £750 limit is way too low and Lowells strategy of carpet bombing SD's obviously is a nice little earner.

Edited June 12, 2013 by nunkychunky

[citizenB]

Folks,

 

This is the actual "true copy" B W sent me yesterday and are seeking to rely on. As you will see, there is no name and address.

 

NC

 

I am at a loss to understand how they would be able to rely on this. When was the account opened ? The date on these T&cs is 2010. So if the account was opened prior then they will not be able to argue honestly these were at the time of inception. I am also assuming that you will be able to categorically deny every having seen them and certainly have not signed anything ?

[nunkychunky]

Citizen, the account was open years prior to 2010, possibly around 2004 or 2005. In 2006 I changed address. Those terms and conditions dated 2010 are clearly at the time Lowells were "assigned" the account. In my second WS I stated I never took out an account with Lowells and put them to strict proof I actually did.

 

What I find bizarre also that there appears prima facie evidence the documents are not compliant, yet it is patently obvious Lowells are trying to wing it. What I also find bizarre is that the Judge saw fit to adjourn the hearing, either he did not want to deal with it on the day or he did not understand the issues involved.

 

What is not so bizarre, and totally unsurprisingly, is that neither Lowells or B W Legal have responded to the second W S, or to my letter rejecting the documents. There will follow shortly a letter also rejecting the Barclaycard T&C's (the agreement shows my first initial, not my full Christian name, when my spouse also has the same initial as me!).

 

NC

[nunkychunky]

Folks,

 

Barclaycard agreement attached. Personal details have been blanked out. Note that there are 2 versions, BC sneakily say that the personal details are referred to in the attached letter. Can this be done?

 

NC

[BRIGADIER2JCS]

Emmmm, if the Ts & Cs are not those of the original (true copy) then the recon cannot be compliant imo.

[citizenB]

Those appear to be dated 2006 and 2009 - do the dates tie up with anything. There doesn't appear to be any signature.

 

What type of account was this ? Catalogue, credit card ?

[nunkychunky]

Hi Citizen, it was a small credit card (£250 credit limit, balance now being demanded around £426). Cannot remember exactly when it was taken out however. Lowells / B W think it's OK to include it on the same SD?

 

For what it's worth, shall I throw another spanner in the works by getting a letter out to B W rejecting the documentation?

 

BTW I think it is also time to institute a claim for recovery of charges and interest, something I have never done before. Is there an "idiots guide" somewhere?

 

I have a possible PPI claim (relating to my first mortgage where I was forced to take out PPI - if I didn't I would be charged around £450, I cancelled the policy and the broker then tried to take me to Court for it but I settled up) but it actually goes back to 2001 or 2002. Is this too long ago?

 

Cheers

 

NC

[citizenB]

 

BTW I think it is also time to institute a claim for recovery of charges and

interest, something I have never done before. Is there an "idiots guide" somewhere?

 

You should complete a spread sheet with all the charges - I will ask which one you require.

 

You then simply complete an FOS complaint form and then send the whole package to the original creditor asking for your money back.

 

This would be so for both the PPI and charges - but as separate claims.

 

If you don't have the statements then you will need to send Subject Access Request to the Original creditor in order to get them.

[citizenB]

 

 

[ATTACH]44513[/ATTACH]

 

 

 

^^^^^^^^^^^^^This is the one for the charges

 

 

 

As his PPI claim is not connected to the SD, he would be better starting a thread in the PPI forum and we can help him there.

 

 

Here you go.. If you could start your PPI thread on the forum linked below then you will receive advice there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?111-Payment-Protection-Insurance-(PPI)

[nunkychunky]

Afternoon folks,

 

A letter has dropped through the door this morning from B W Legal containing a statement (one page)........ of somebody else's account!!!!!!

 

Definitely one for the judge on the day of the hearing (I do not propose on pointing the error out to them) and if commonsense prevails surely it will be thrown out.

 

NC

[citizenB]

Afternoon folks,

 

A letter has dropped through the door this morning from B W Legal containing a statement (one page)........ of somebody else's account!!!!!!

 

Definitely one for the judge on the day of the hearing (I do not propose on pointing the error out to them) and if commonsense prevails surely it will be thrown out.

 

NC

 

I think also one for the Information commissioner !!