Lowell/BW Statutory Declaration - old JDW Fashion world CAt DEbt - claimed it was served on Me personally - was NOT!!

[JamesH1]

I most certainly did. Though I'm a little unsure as to how to spell it and, as I act with a respect for the DPA, i don't want to go throwing his name around, in the company of strangers, Just yet . I'll save that for when I hand his personal post to a person in the business nextdoor.

 

I've got my SAR Ready to go (Below) I have taken out my name and account details, but left those in of the person who is publically listed anyway.

 

[ TEXT OF LETTER REMOVED ]

 

Signed blah blah blah

 

Calls will be recorded etc...

Edited May 15, 2013 by ims21
A dangerous letter removed

[DonkeyB]

That’s all bo******, to be honest. Stick to the standard letters. After all, you are dealing with idiots.

 

Who is the creditor in this case? Have they said? Is it Lowell? The creditor is totally responsible for the actions of their agent (BWL), so a complaint to the OFT and TS about them is also in order.

[JamesH1]

Oh dear, I thought that IS a pretty standard letter!

 

They say the account was handed to them by their client, Lowell, who purchased the debt.

[DonkeyB]

Then you must target Lowell too. Have you ever had any correspondence from Lowell? Do you know what it’s all about?

[JamesH1]

I have, in the distant past, had letters from Lowell about this. It's an account that is outstanding from one, rather tough, period of my life, and I do know what it was all about.

However, in the past, I have also put the overall amount in to dispute with Lowell; I just couldn't make the figures add up. I then heard nothing from them until BWL started contacting me.

[DonkeyB]

If it’s a regulated agreement, have you ever put in a CCA request? Worth £1.

[JamesH1]

No, I have to say that I haven't. I thought that would be included as part of the SAR?

[DonkeyB]

Not necessarily. A CCA request, unfulfilled, will prevent them from enforcing.

 

Can you give us some history on this? More than one way to skin a Lowell...

[JamesH1]

Certainly DonkeyB.

 

I had an online account wit JD Williams Trading as 'Fashion world' in 2008. In 2009 the account defaulted after several massive leaps in credit limit.

I applied for the account online and, as I recall, never 'signed' anything, in the traditional sense... But I don't know whether that makes a difference.

In 2011, I started getting letters from Lowell Portfolio, saying that I has an account balance of around £1400.00 give-or-take. I phoned Lowell and explained that I didn't understand how the balance was so high. I believe I asked for a copy of accounts, back then; I recieved nothing apart from the ocassional, standard, demand through the post.

 

Suddenly, I recieve a letter saying that a Statutory demand has been issued, In January 2013, on behalf of a client of BW Legal to the sum of £1400.00. I had no idea what a statutory demand was and, with everything that was going on at the time, I didn't pay too much attention to it.

 

I had hundreds of missed phone calls from 01133570529 and eventually called them in March. The chap I spoke to claimed that I had been 'personally' issued a Statutory demand in February (So not January) and he went on to explain that I was in a process of being made bankrupt. I immediately disputed that I had been in receipt of any such document. The case-worker said he would send me a copy of the process servers' account, and could I fill in an income and expendature form?. On the basis that I believed I would recieve an account of the servicing of the demand, I agreed to complete an I&E form. However, I recieved no such copy fot he account, so didn't complete the I&E form. Last week, I started missing phone calls from them again.

[DonkeyB]

Well, a CCA request wouldn’t go amiss, although they won’t need to send one with a signature, as there probably isn’t one – just a check box online.

 

With the CCA request, you should also demand a full statement of account to see how they arrived at the balance. There may be excessive charges that take the balance below the bankruptcy threshold.

 

If BWL stated you were in the ‘process of being made bankrupt’, they are lying and deliberately misleading you as to the true legal situation. Bankruptcy cannot happen without you being informed if they know of your whereabouts. More complaints.

 

Proving BWL are big fibbers won’t get rid of the debt though, so bear that in mind.

[citizenB]

Oh lord, please , please do NOT use that letter in post #28.

[JamesH1]

Please don't misunderstand me; I accept that I must pay the debt, so I don't expect it to be wiped out. I just don't want these yahoos dealing with it. I don't dispute that I do owe money, but I do dispute how much, and I take exception to the way it is being persued. They obviously abuse processes and misquote legislations, with a view to bullying vulnerable people. I'm shocked at some of the cases that I've read about on here.

[dx100uk]

if its a cat debt

 

it will be 90% £12 penalty fees

 

get reclaiming too.

 

dx

[JamesH1]

Oh lord, please , please do NOT use that letter in post #28.

 

THAT good, eh?

 

Do you have any suggestions. I'm quite new to this whole dispute, thing?

[ims21]

I've removed the text of the letter in that post. We wouldn't want others using it.

[JamesH1]

That's fair enough. I honestly thought that was a pretty standard letter. Got it off another site.

[ims21]

That's fair enough. I honestly thought that was a pretty standard letter. Got it off another site.

 

 

Be careful where you look.....there is an awful lot of this type of nonsense out there.

[unclebulgaria67]

The letter you posted was by the looks of it, related to the Freeman of the land movement, who appear to believe that they can live in the UK without many laws or rules applying to them, when they don't like them.

i.e they claim that when you are named by your parents on a birth certificate ( a requirement in law) that this is a legal fiction, required by the state so they can have rights over you.

If you look on Youtube you will find loads of videos by them and you see what I mean.

Personally I think there is a small grain of truth in what they say, but only a small grain.

[JamesH1]

Oh dear!... Do you know of any reliable templates that I might be able to use?

[dx100uk]

I wonder what that underlined word temples is all about......

[JamesH1]

lmao! I read your reply on my phone. It's taken me ages to work out what you meant!

OK, I'm really sorry, but I can't find anything remotely template-like on that link. Just a lot of stuff about sending a letter directly from the website?

[ims21]

SAR templates can be found here

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

[quails]

BW Legal are very sloppy procedurally. By all means complain and kick up a fuss about the bogus service of the SD.

 

But to underpin your counter-attack properly, what debt is this SD about? How old is the alleged debt, what did you receive in response to your CCA s.78 request.

 

Knowing BW, they will merely re-issue the SD at a later date, if they know you have assets such as a house. So don't get too bogged down with the fake SD service, concentrate on defending yourself in case they reissue.

[JamesH1]

Hi quails.

I completely agree. I want every ounce of ppwk that they have on this account, and I want to know how ligitimate it is for them to chase at all! however, i also want to cause them a longer-term problem.

Toda i have logged a complaint with the OFT and Trading Standards. I have a recording of my latest phone conversation, where the account-handler told me that they "Use the SD as a warning that they intend to exercise their right to make you bankrupt".

I believe that I have managed, over the past couple of days, to gather enough evidence to prove that they are abusing the system.

The Statutory demand is supposed to be a 'last resort' and put in to action AFTER a court ruling has been made in favour of the creditor, but not obeyed by the debtor.

It is NOT meant to be used as a 'tool' to intimidate the debtor, or enforce payment.

If a creditor, or debt collector, intends to use a SD then they must start proceedings within 21 days of the serving of the SD.

(As I didn't actually call them back until over a month AFTER they claim the SD was issued, and they still hadn't done anything but make further threats, I'd say that they've aided in discrediting themselves)

Given the sheer quantity and vulgar nature of some of the accounts of the use of SD's issued by BW Legal that I have found, since January alone, I have also approached BBC Watchdog.

Although the OFT made it clear that they do not advise individuals, as such, they did recoil when I told them about how the SD had been used; particularly when I told them that the person that was assigned to my account had told me it had been "issued as a warning" and that I had been informed that I am to be "made bankrupt".

Also the fact that I had been told that a solicitor is now presenting the petition, but I was not allowed to know who this solicitor is, seemed to interest them.

Luckily, this phone call was recorded. His tone was moderately aggressive and he was certainly aggravated by my questions.

my intention is to force them to rethink their strategies, in general.

Oh, and I'll be damned if I'm going to let Lowell leave my account with BW Legal...

Just in case anybody else is interested, I have found a nice little piece on another forum. If I might add, I am not suggesting that people go tot his forum for any other reason thn to read the thread.

If you're having a similar issue with BW Legal, this might give you a little hope and some reassurance that you can fight them.

[dx100uk]

sadly we cannot allow links to that site or ref too.

 

dx