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

[JamesH1]

That is sad. However, I have found various forums where people have given detailed accounts of judges tossing out BW Legals cases, on the day, because BWL themselves have "No right to be persuing debts, of this nature, in this way".. Particularly from November 2012 through to present.

 

It also seems that BWL's interpersonal skills are the subject of many complaints, even to the extent of people being intimidated in the court lobby!! Just awful!

[dx100uk]

there are numerous Lowell/bw legal sd threads here exactly the same.

 

dx

[quails]

s.7 County Court proceedings are the only appropriate avenue for dealing with disputed CCA debt, (which could range from s.78 non compliance, flawed default notice etc) A set aside hearing is only 30-45 mins long normally, so is wholly unsuited to debating a CCA 1974 disputed debt.

 

Do stop calling them though. Did you speak with either Rohan or Bilal? Makes not much difference though.......

 

If you like instant communication, you can always email them

[JamesH1]

Hi quails. I only phoned them back because A) I realised that I didn't even know my own account ref: and B) Because I really needed to get some of the account-handlers claims on tape.

Everything from now on, goes through the post.

 

The guy I spoke to was called Adilam (I'm not sure how to spell that) I obviously have his surname, but I won't be putting it on here...

[quails]

They always use local 'rentalawyers' who are not skilled in CCA but very skilled at telling a Judge you borrowed the money, spent it and now must repay it.

[JamesH1]

Hi Guys, I'm a little confused.

 

I've got the CCA and the SAR, ready to go. I will send both by recorded delivery, after work, today. But I'm not sure whether I still need to apply to have this Statutory Demand set aside?

I've never actually recieved one, contrary to whatever BWL claim, so do I need to go to the County Court? if so, what forms to I need to prepare?

Or, should I just wait until they've sent me a copy of this process servers' account of the 'serving', and dispute the obviously inaccurate evidence on there?

[quails]

Without a copy of the statutory demand, its going to be hard to make the application as you have to enclose a copy.

 

The forms you need when you do get a copy are here:

. gov. uk statutory-demands/challenge-a-statutory-demand

(I cant do links yet, so type that into address and remove spaces)

Since last year, the 'affidavit' has become a 'witness statement' and you no longer have to 'swear' the document. Just sign as a statement of truth. (although confusingly, the 6.4 form still states "sworn on XX". Ignore that)

6.4 is the application form. 6.5 is the witness statement.

[unclebulgaria67]

How can you set aside an SD that was incorrectly served on a third party, that was supposed to be for you ?

I don't think you can.

If they were silly enough to go for a bankruptcy, with a statement from a process server which confirmed that the SD went to a third party, the Judge would have a fit, with BW Legal given a b*llocking.

Think I would just do the CCA and SAR for now. BW Legal will probably issue another SD in due course, which you can then set aside.

[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...

[JamesH1]

Hi DonkeyB,

 

No I didn't but, even if I had, I've got the conversation recorded; during which he attempted to discribe me and failed miserably by the second point.

 

If he's altered anything, I'll be able to highlight it, immediately!

[DonkeyB]

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

[JamesH1]

Hi DonkeyB.

Good idea! How do I remove text? Or do I need to delete the whole posts?

Haha! That's what I thought!

I'll go about having witness statements written up by my neighbour, who has cause to remember that I wasn't in on the day, and the manager of the site I was visiting. I also have a GPRS record on the company database, that i've pulled and printed, that proves that I HAD to be at the site!

I will send them copies of all of these and expect an apology in writing.

Then I will take my case of blaitant DPA infringement, False information and improper practice (Abuse of the legislation) to the courts.

I want their CCL!!!

Hi! Want to hear something Incredible???

I recorded the conversation with the person handling my 'case' on Wed, as I already said, he tried to tell me what I looked like (Supposedly reading from section A of them process servers' account) But stopped when I informed him that the description of 'me' was incorrect.

Today, I have received a copy of the "Certificate of personal service Of Statutory Demand"

In section A: 'Insert description of the person etc...' All descriptions have been removed

AND section G: 'Give particulars of the way in which the debtor acknowledged service of the demand' THE ENTIRE SECTION HAS BEEN DELETED, leaving only the brackets within which there used to be a statement of the event.

Because I have the phone call recorded, I now have irrefutable proof that this document (Which they have said they intend to use as evidence in a County Court) has been tampered with, since Wednesday.

What the HELL is going on?

They have handed me a water tight case of DPA infringement and, i believe, attempting to pervert the course of justice (on the grounds that they intended to use this document as legal evidence)

What are your thoughts, what would you do now?

[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.

[JamesH1]

I'm sending a photocopy of what's been sent to me with a copy of the voice file, time-stamped, and notification that I have also sent copies to be added to the case with the OFT, and TS.

Not sure if I should contact the Financial Ombudsmans' office too?

 

I will include a letter that I've lifted from the OFT website about breach of the DPA 1998, giveing them 14 days to resolve/settle.

 

I will also forward it to BBC Watchdog and BBC Panorama, as proof of the practices.

 

Just not sure what kind of damages I should persue. They have definitely been left wide open!

[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!

[JamesH1]

I do, absolutely, trust you.

 

So, a transctipt will be sent.. Any other suggestions?

[unclebulgaria67]

I would think that a complaint against the Solicitors running this company would be in order as well, as they are allowing their staff to interfere with documents that could be used to make you bankrupt.

 

Perhaps a call to the law society to find out how a complaint can be made in this situation, as the SRA normally only deal with complaints against a Solicitor you employ.

[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.

[JamesH1]

I agree! I know that, if Ofsted thought I had doctored paperwork, I would be severely told off; but, ultimately, it would be my employer held responsible for negligence.

I was expecting that details would have been changed... But the obvious one would have been to change "brown hair" to 'bald' (which is why I recorded the conversation)

I didn't expect them to completely delete ALL descriptions of the person to whom the SD was served, or the circumstances under which it was served. It's the worst, and most foolish, thing that they could have possibly done!

[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?

[JamesH1]

Hi guys! Thought you might be interested in the latest update on this farcical case.

Obviously I made the SAR when you advised me to,

BWL ignored my request,

until I informed them that I ha been recording the calls.

Three days ago I received a letter regarding the request that I made on the 8th of August 2013???

Well, I was way before that, but I'll overlook it.

Nearly 1 calendar year later, and they have sent me a credit agreement that has a signature on behalf of JD Williams,

but no date, and no signature or date from me at all! The insist that this is the 'true' copy of the credit agreement.

They have also sent me a statement of accounts... Where do I start with this?

Many pairs of size 5 women's shoes, perfume, ten years younger makeup kits, agent provocateur stuff... Oh, and cat litter,

LOTS OF CAT LITTER??? Why would someone buy cat litter at 39.9% apr?

If indeed that is the APR; on one page it claims 39.9%, and I another it claims 37.6%.

It seems I me that someone has knocked up some paperwork in a desperate attempt to not lose the debt,

and as there is not date on any of the contracts, it's impossible to say when that was?

I have emailed BW Legal to say that I have had no such contracts, which is proven with the lack of signature etc.

.. And that as a tall man with big feet, I do fun the majority of the statement o transactions to be incredibly suspicious.

However, I have had a thorough read through this contract and believe it is wholly unenforceable,

therefore I am not going accept responsibility for any of the debt.

If they had turned up t court, armed with that credit agreement, I believe emit would have been laughed out!

Now I'm ready to pursue them for the way I've been treated, and the way my data was handled.

Interestingly, in this time, the outstanding debt appears to have grown by a further £500, give-or-take? Shame they won't be getting it.

Oh, and the chap I dealt with at BW Legal was Bilal Mahmood...

I had misheard his name but, as I didn't have an written correspondence from them, I had nothing with his name on to know any better. From what I can see, he's a busy boy!

[DonkeyB]

You couldn't make it up.

 

Oh... they did.

[JamesH1]

LMAO!! It's gold, isn't it! I really hope that I can find a decent solicitor who can help me take them to the dam cleaners!

In fact, that's probably useful advice to seek on here; does anyone know I any no win no fee DPA/ malpractice solicitors, who would be interested in a case like this?

[unclebulgaria67]

Do JD williams actually sell cat litter ?

 

Presume that for these statement entries there would be a delivery address for the orders. Perhaps get JD Williams to confirm the delivery address.

[AndyOrch]

LMAO!! It's gold, isn't it! I really hope that I can find a decent solicitor who can help me take them to the dam cleaners!

 

In fact, that's probably useful advice to seek on here; does anyone know I any no win no fee DPA/ malpractice solicitors, who would be interested in a case like this?

 

Afraid not nor does the forum endorse any.

 

Regards

 

Andy