Lowell BW Legal SD

[appo07]

Hi,

 

I've just had an envelop with my name wrote on it pushed through the letter box inside was a letter and a Statutory Demand.

The letter is from BW Legal stating they have been instructed by Lowell to serve the SD.

 

The debt had been put into dispute in 2009 after CL Finance bought it. Although they said my s.77/78 was satisfied by them sending a printed copy of the terms with my parents address on it, and then two months later a photo copy of my application (dated 2003 and with PPI box ticked).

 

The SD shows CL Finance as the original creditor and Lowell as the assignee, (should this show the card issuer and CL-F / Lowell being both assignees?)

 

 

The debt is just over £3000.00 last payment made to CL-F was in 2009, so should I try to arrange some form of payment to them, or is there grounds to have it set aside?

 

thank you,

appo

[unclebulgaria67]

I think the advice is to try to get it set aside within the 18 days allowed from today. You can use the previous dispute, lack of a CCA that is a true copy of the original and that you have a chance to reclaim PPI on the account.

 

It is worth doing this, as there is no court fee for the set aside and they may not succeed unless they can come up with the original CCA. But it is judge lottery, as to whether on a given day, you would win at a hearing. If you did not succeed in a set aside, then you could just come to a repayment agreement, to avoid a bankruptcy petition.

 

You have to take this seriously, as at some point you could be made bankrupt. At the moment it appears that Lowell are making 30-40 people a month bankrupt. There have been cases reported where people have been bankrupted for debts as low as £1200.

 

Have a look in the DCA legal successes folder and you will find numerous threads where people have won set asides against Lowells. Within the threads you will see what other people have put in their set aside applications and what requests for information they have sent to help with any hearing. If you need any help, post back next week, as during weekends the guys that know more about this are often absent.

[fletch70]

As part of a CCA request they are expected to send everything at the same time, I know there is a legal ruling on this but sadly I can not tell you what it is. There is also a lady on another site that seems to be spanking Lowelss asses on a regular basis and getting SD's discontinued merely with an email or phone call

[appo07]

Hi,

 

Thanks for the replies, in addition to my first post, I don't recall ever receiving any default / termination notice from the original creditors. However, I do have a letter headed "Notice of Default Sums", (this shows a charge of £5.00 Letter / Admin Charge) sent to me in 2010.

 

I will have a good read through the other threads tonight and tomorrow.

 

once again thank you,

appo

[appo07]

Hi,

 

I've been looking through my paperwork, and cannot find a letter that I should of sent to CL Finance to put the account in dispute. The only correspondence that I can prove is the CCA request. In 2010 they sent the signed application/agreement, and claimed they have satisfied my s77/78 request. So now I'm having doubts on whether I should defend this, also with being in poor health, lacking in confidence and the fear of being made bankrupt; I don't think I could be successful in court.

 

If I was to contact BW Legal with an offer to pay the debt in small monthly amounts, based on a pro-rata this would be £11.00 as the debt is just over £3000.00 what would the chances of them agreeing to it, and also would I be able to try and claim back any PPI?

 

Thank you,

appo

Edited August 15, 2013 by appo07

[citizenB]

If you have mis sold PPI on the account, then you would be disputing the amount they are claiming on the SD.

[unclebulgaria67]

If you phone National Debtline or Stepchange they will advise the best course of action in your situation. This advice I would think would be to send BW Legal a letter by recorded delivery outlining your repayment proposals, with some basic details of income/expenditure to show affordability, with some details of your health situation and also that you dispute the amount of debt, as you will be pursuing a claim back on PPI payments made. It may also be worth sending a cheque or postal order for a first payment amount, as they will find it difficult not to accept this.

 

Then you must start to reclaim your PPI from the original creditors.

[appo07]

Thank you for the quick resonances,

 

I was going to email BW Legal today with details of my finances and a proposal for the monthly payments, also state that I dispute the amount claimed due to the possibility of mis sold PPI and request the proof of assignment. (should they also have the default and termination notice?)

 

If I do this and they don't agree what will happen next? would I still be in time to defend, and would my payment offer weaken any defence?

The SD was posted through my post box on the 10th without any post date or proof of service, so can they say that they served it sooner to lessen my time to respond for a set-aside?

 

Or if they agree to the payment plan what happens to SD?

 

Sorry for all these questions,

thank you,

appo

[unclebulgaria67]

Thank you for the quick resonances,

 

I was going to email BW Legal today with details of my finances and a proposal for the monthly payments, also state that I dispute the amount claimed due to the possibility of mis sold PPI and request the proof of assignment. (should they also have the default and termination notice?)

 

If I do this and they don't agree what will happen next? would I still be in time to defend, and would my payment offer weaken any defence?

The SD was posted through my post box on the 10th without any post date or proof of service, so can they say that they served it sooner to lessen my time to respond for a set-aside?

 

Or if they agree to the payment plan what happens to SD?

 

Sorry for all these questions,

thank you,

appo

 

You can ask for BW Legal for any documents that you need to see, that evidence the debt and the legal process for them collecting it on behalf of Lowells.

 

Someone posted on here awhile ago who I think had worked for BW Legal and said that they did not refuse offers of payment, which included details of income/expenditure to show affordability. The reason being is that it would weaken their case, if they refused a payment offer and they would not obtain any bankruptcy if you defended at petition stage.

 

You have 18 days from the 10th of August to apply for the set aside. If you agreed a payment plan, you would have to keep to this, as the SD would still be live and they could petition for your bankruptcy. Some of the experts on CAG always suggest asking for the set aside on the basis of you agreeing repayments with the creditors, plus there are issues that you are pursuing e.g PPI reclaim. The set aside may be allowed by a court in such a situation without need of any hearing.

[appo07]

Hi unclebulgaria,

 

I'm still a bit confused, would I need to apply for the set aside first, or contact BW Legal with a payment plan?

Is there any template defence for set aside based on possibly mis sold PPI and trying to agree a repayment plan.

 

thanks,

appo

[unclebulgaria67]

Arrange the repayment plan with BW Legal AND do the set aside application. There is no template as such, but there are loads of threads on here which cover the set aside application process. e.g http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand&p=4116775#post4116775

 

On the link above, particularly note post #22.

 

The reason for doing the set aside, is that you don't want the SD to continue to be a live issue that can be used to take forward bankruptcy. If you are making repayments and there is a PPI issue, you really want to be able to do that without the threat of bankruptcy still being there.

[appo07]

Hi,

Ive emailed BW Legal with a monthly repayment offer but not heard back from them as yet.

I have also stated filling out the forms for set aside, but not sure how to complete them. There is a part at the top marked "(TITLE)" do I do anything with is?

 

on the form 6.4 ((d) State the names and addresses of the persons to be served) do I enter both BW Legal (sols) and Lowell, or just one of them?

 

One the Form 6.5 ((a) Insert name address and description of person making the witness statement) Do I just put my name & Address, or do I need to describe myself as Applicant / Defendant?

 

© Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside, For this part my grounds are the possibility of mis-sold PPI,so the amount is claimed is disputed, and I have contacted them with a monthly payment plan. Any ideas on how I can word it better?

 

Thank you,

[citizenB]

Ive emailed BW Legal with a monthly repayment offer but not heard back from them as yet.

I have also stated filling out the forms for set aside, but not sure how to complete them. There is a part at the top marked "(TITLE)" do I do anything with is?

 

How strange, that question was asked by another Lowell Victim a few days ago. You will put the name of the court in that spot where it says "Title"

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?400045-Help-with-completing-Set-Aside-forms-for-Statutory-Demand&highlight=Title

 

All the other questions you have asked have been answered in the thread linked above..

[appo07]

Thank you citizenB,

 

if I was to put my witness statement as:

" 1. That on xxxxxxxxx

the statutory demand exhibited hereto and marked “A” came into my hands.

 

2. That I dispute the amount claimed, there is the possibility of mis-sold Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time.

I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt."

 

Would that be ok?

[citizenB]

IMHO, yes. However, I will flag your post for those with more knowledge to comment before you send it off

[citizenB]

You need to quote case law in your affidavit. If you have a read of the thread linked below you will see what needs to be included..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-(Capital-One)-***-WON-COSTS-***

 

 

 

. For example, this case law MUST be quoted in every case.

 

The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 

 

27. 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 collection where 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).

[appo07]

Hi,

 

I've read through the thread, but not sure what case law I could use.

The only thing I'm disputing it the amount claimed and i'm willing to pay the debt once the true value is known, so I cant use case law for CCA request or default notice /termination notice, So am I just clutching at straws with the set aside?

 

thank you

appo

[citizenB]

I have highlighted the case law that you need to quote in post # 17 !!

 

The text contained in the quote box originally posted by Caro ?

[appo07]

Thank you citizenB,

 

The part that confused me on that quote was "PRO-Fit USA Ltd". I was thinking it was a quote from USA law case.

 

I've added it to my affidavit.

 

1. That on xxxxx

the statutory demand exhibited hereto and marked “A” came into my hands.

 

2. That I dispute the amount claimed, there is the possibility of mis-sold Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time.

I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt.

 

The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 

 

27. 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 collection where 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)

 

Regards,

appo

[citizenB]

appo, I will have someone check it out, but it looks ok to me.

[citizenB]

Thank you citizenB,

 

The part that confused me on that quote was "PRO-Fit USA Ltd". I was thinking it was a quote from USA law case.

 

I've added it to my affidavit.

 

1. That on xxxxx

the statutory demand exhibited hereto and marked “A” came into my hands.

 

2. That I dispute the amount claimed, there is the possibility of mis-sold Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time.

 

I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt.

 

The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 

 

27. 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 collection where 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)

 

Regards,

appo

 

Unless there is anything else that can be disputed such as non compliance with an S78 request then that is all you can put. But you must get the PPI and Charges reclaim in to the Original creditor as soon as you possibly can.

[citizenB]

" The debt had been put into dispute in 2009 after CL Finance bought it. Although they said my s.77/78 was satisfied by them sending a printed copy of the terms with my parents address on it' date=' and then two months later a photo copy of my application (dated 2003 and with PPI box ticked).[/i']"

 

 

 

 

 

I think the above is worth adding also CB ...up to Lowell to prove otherwise...and will cause a problem.

 

It has been suggested that you add the above in as well

[appo07]

Once again thank you for you help with this.

 

I've added it to my affidavit.

 

1. That on xxxxx

the statutory demand exhibited hereto and marked “A” came into my hands.

 

2. That I dispute the amount claimed, there is the possibility of mis-soldicon Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time.

 

I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt.

 

The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 

 

27. 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 collectionicon where 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)

 

3. The debt had been put into dispute in 2009 after CL Finance bought it. Although they said my s.77/78 was satisfied by them sending a printed copy of the terms with my parents address on it, and then two months later a photo copy of my application (dated 2003 and with payment protection insurance box ticked)

 

I was toying with the idea of adding this as well or would it be contradictive as i'm only disputing the amount.

(taken from post #2) http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-(Capital-One)-***-WON-COSTS

 

4. I believe that the claimants use of a statutory demand is trite law and merely a tactic to frighten the defendant into paying and thereby frivolous, malicious and a gross abuse of the process. I believe the claimant will not turn up to court to defend this demand and it is the defendants contention that use of the insolvency laws as a debt collection tool is an abuse of the Insolvency Rules. The claimant’s letter accompanying the statutory demand included invitation to offer settlement by way of instalments.

With the fret and fear of a possible bankrupt partition being filed, I feel intimidated and had no alternative other then contacting the Claimants Solicitors to make a monthly payment offer; to wich they have agreed.

Edited August 22, 2013 by appo07