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

[DonkeyB]

BW Legal Services is on the Law Society database.

Sean Barton and Jonathan Cracknell registered.

They also have a valid Consumer Credit Licence.

Alas, your solicitor friend has made an error.

Which is, er, unusual for a solicitor...

[DonkeyB]

I have been told that they are now going to make me bankrupt and that they treat the Statutory Demand as a "Warning that they intend to exercise their right" I asked if 'he' was a solicitor, he said no "But we do have a solicitor working on the case". I then asked "Who is the solicitor?" he said "I've told you what's going to happen, so what difference does it make which solicitor it is?"

 

Oops – they’re wrong there, of course. A statutory demand is a PREREQUISITE for issuing a bankruptcy petition. It is required by law. It is NOT a warning – that implies it is being used as a debt collection tool.

 

I then explained that there was something "Very odd about this whole process" I explained that the SD couldn't have been issued to me personally, and that I couldn't possibly have been in personal receipt of that demand. He went on to describe the person it was served to. He asked my height, I answered 6'2", he then told me that my hair is brown.... No... I have shaved my head for the past 5 years, because I'm as bald as a boiled egg, on top. He immediately stopped trying to describe myself to me. I asked for a copy of the 6.11 form (thanks Unclebulgaria) and he's going to put the account on hold for 7 days.

 

Good that you have this recorded... blatant lies, but as you are not dealing with a solicitor, the responsible solicitor will simply claim ‘rogue employee’ or ‘admin error’. You need to complain to the SRA. Maybe call back and demand to know the name of the overseeing solicitor.

 

It seems to me that there's something very fishy about all of this.

 

SAR will go in the recorded post, today.

 

Good – you’re well on top of it. Did you get the name of the numpty you were talking to?

[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.

[DonkeyB]

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

[DonkeyB]

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

[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...

[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.

[DonkeyB]

Just a quick question - when you talked to them, did you actually tell them what you really do look like? Wouldn't put it past them to use your own description in a 'revised' process server statement...

[DonkeyB]

Perhaps remove your descriptions on this thread in case they're looking in?

[DonkeyB]

I would record another call... ask why there are bits missing from the form. See how much they fib.

Did you expect anything less?

Yes, perverting the course of justice. Provably so, IMHO.

You should also insist that the original, not a copy, is produced in any court hearing.

[DonkeyB]

No, don’t actually send the voice file to anyone yet. This is nowhere near resolved.

 

Just send a transcript of what was said, but state that you did record the call for your own reference.

 

Good reasons for this, some legal – please trust me!

[DonkeyB]

I think you need them to actually take this document into court. I would lead them on further and invite them to try for bankruptcy. But then I'm an evil ba****d.

[DonkeyB]

Which is why I think it might be useful to call the same guy and ask why the descriptions he referred to are now missing. Let him incriminate himself, and state you do not believe this to be a true copy of the original. Does it identify the process server?

[DonkeyB]

You couldn't make it up.

 

Oh... they did.