lowell/bw legal SD for old CAp1 debt ...HELP!! newbie!!

[sarajonsey]

Please help..

 

[with ref to a thread of multiple debts here -

http://www.consumeractiongroup.co.uk/forum/showthread.php?256212-Credit-Card-defaults-since-2005-now-got-SD!!&p=3412047#post3412047

 

..been quiet for a long time and then out of the blue today a hand delivered letter a Statutory Demand..

..it was taken to my daughters house..

..apparently they have been sending letters there every week as she has the same initals as me.

 

...she has just ben binning them thinking they were junk mail but

 

today the guy knocked their door and my son in law didn't know who the guy was

but told him my address so he came here and hand delivered me a SD which gives 18 days to reply

 

....on looking at the date

 

...the date on letter is 12 Aug so that gives me till TOMORROW....what do I do?

[dx100uk]

no its 18 days from when you get it .

 

dx

[sarajonsey]

Ah right

...I so appreciate your quick reply TY..

...the letter was handed to me today and I noticed it was dated 12th August.

 

All the previous advice I had was to ignore all the threatening bumf which came on a regular basis but then it went quiet and nothing for a long time.

...but then they started sending letters to my daughters house recently when

 

she moved out of the family home to her own house (she has same initials as me ).

 

She presumed they were junk mail and ignored them all,

not mentioning anything to me as I am disabled and have been seriously ill in hospital for sometime in the past few months.

 

I would be so grateful for any help you can give me .

...as I have no idea what to do and am always truly grateful for this site for advice.

[sarajonsey]

Its Cap 1 one sold to Lowell and BW Legal letter.

[sarajonsey]

This was the one.....

Another letter this morning....Capital One account ... in reply to the letter Cerberusalert told me to send....more threats......here is letter and the copy of the Credit agreement....

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0038.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0039.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0040.jpg

 

http://i1028.photobucket.com/albums/y350/Kazza_07/Capital%20One/scan0033.jpg

 

Should I reply to this?...or just ignore?

What action should I take?

[dx100uk]

new thread created for you about this SD

you must respond to the SD.

 

there are loads of threds here in the Legal issues forum about Lowell SD's

 

they issue them like confetti.

 

can I suggest until the legal bods pick this one up

 

type in Lowell SD

 

in the search of our grey toolbar up the top

 

lots to read

there is also a guide

 

dx

[sarajonsey]

Have read a lot and my goodness there is a lot to read on this .... any guidance would be gratefully received.

[dx100uk]

FVrom your end

what info have you on this debt

 

statements?

default notice

notice of assignment

 

dx

[sarajonsey]

Had difficulty making payments in 2005,

paid token payments until 2008 when they said they would no longer accept reduced payments and they sent out a default notice.

 

I have continually followed instructions off here requesting the CCA back in 2010, account in dispute since then.

 

They have sent a recon agreement with current terms,

a "statement of account" which is just the figure owed,

a copy of the original application form..

.no prescribed terms and conditions etc.

 

..I sent back the letter Cerberusalert told me to send .

 

..saying account in dispute and a CPR31.14 Request to which they replied they had met their obligation to send

what they should and would not enter into any further discussion etc.....

 

Then it went quiet a while then it was passed to both RED and Lowell

 

...I ignored cause they kept sending the same rubbish.

Then quiet again for a while.

 

But early this year I became seriously ill and spent a long time in hospital fighting for my life..

....in the meantime my daughter had moved out of the family home into her own house with her partner

and she started having letters come twice weekly to her new house addressed to ME

....we have the same initials..

 

....she thought it very strange but presumed it was just junk mail and put it aside ..

 

..of course with me being seriously ill she didn't tell me as she didn't think it important,

but since I have been home from hospital she has since given me a bundle of letters and they are all from Lowell.

 

I wasn't too concerned as I had followed all the advice given to me and done everything I was told to do.

 

...but then a knock at the door last week to be given a SD.

 

So that's about it.....I need all the advice I can get please.

[unclebulgaria67]

Make affordable repayments and don't add more stress trying to argue about documents or process. Are you really prepared to stand in front of a Judge at a set aside hearing to make arguments ?

 

If not I would suggest that you write to BW Legal offering to make affordable repayments. Make a first payment to them and ask for standing order details for further payments. Give some basic income and expenditure details. Advise them of your health situation, so they are aware of this. If you will be looking to claim back unfair charges, then also advise in the letter, that there will be charges on the account, that you will be looking to review. Send any letter by recorded delivery and keep a copy.

 

If you go down this route, this should avoid them trying to make you bankrupt. If you seek to set aside, this may not work and you will be faced with making payments anyway. Even if you won a set aside, they may just issue a normal court claim and if they won, you would have to make payments. So making an offer of payments, will be far less stressful.

[sarajonsey]

I have no income other than my disability benefits so would struggle to offer a token payment even.

I am scared of phoning to speak to them after all the stuff I have read on here they seem like not very nice people to deal with.

I have about 14 days left to sort this out and you are so right I really don't need this stress.

[unclebulgaria67]

I have no income other than my disability benefits so would struggle to offer a token payment even.

I am scared of phoning to speak to them after all the stuff I have read on here they seem like not very nice people to deal with.

I have about 14 days left to sort this out and you are so right I really don't need this stress.

 

Did not suggest that you phone. Write to them. Explain your position. Make a token payment. It is better to pay say £5 a month, rather than them try to make you bankrupt. If you own any property, they could well try to force the sale of your house following bankruptcy. If you write to them to explain the situation you are in, then they will have to think about this.

 

If you need local help with this, see if Citizens Advice can help or there may be a local debt charity. Because you are on disability benefits, you should be able to find local help and it should not cost you. Some of the charities connected to health conditions may have people who can help you.

[sarajonsey]

No CAB around here any more it closed down Maybe I should go and see a solicitor?

I was always told they couldn't take me to court because it was an application form and not a properly executed agreement and they didn't respond further to my CPR31.14 request.

Feeling Very confused!

 

You say write to them....if I did that and say it took a couple of days for them to get letter....I am slowly running out of time here....what if they don't reply....what happens when my 18 days are up?

[unclebulgaria67]

My opinion is to write to them by recorded delivery and keep a copy of the letter. With the letter enclose a first payment.

 

Personally I don't think you should try to avoid this debt, by looking for technicalities that might help you if you were taken to court. If that is the mindset you are in, then see a Solicitor who specialises in Consumer Credit Act debts and see how much this would cost you. It is all very well for people to advise you on forums of issues with the documents provided, but are these advisors going to be attending the court with you. As they won't be doing so, you have to consider what is best for you, if you are not able to go into a court room to make a legal case. Some Judges appear to be on the side of the creditors and don't like litigants in persons. It will be a Judge lottery. Do you want to take the risk of bankruptcy and losing your home ?

 

So your choices are. 1) Send the letter with a payment proposal advising of your circumstances which should avoid them proceeding with bankruptcy or 2) See a Solicitor to see how they can help you ( Make enquiries about legal aid to see if you can get this. https://www.gov.uk/check-legal-aid )

[sarajonsey]

Ok ...so if I write and offer a token payment and explain my health situation etc that I am on D. benefits what happens regarding the SD and the time limit? and what happens if they don't accept saying its not enough? or what if they don't even reply and my 18 days has passed?

[unclebulgaria67]

Ok ...so if I write and offer a token payment and explain my health situation etc that I am on D. benefits what happens regarding the SD and the time limit? and what happens if they don't accept saying its not enough? or what if they don't even reply and my 18 days has passed?

 

I doubt they will refuse your offer of payment, as it would not look good if they did proceed to court. The SD will continue in force and Lowells could at any stage petition for your bankruptcy, but probably only if you stopped payments.

 

What you have to understand is that the SD is issued for you to respond to. You will be responding to them by letter, with a payment proposal. It would be worse to not offer any payment proposal or to fail with a set aside application.

 

You do understand the SD document has not touched any court yet ! It is only a document that BW Legal have issued. What happens is that if you do not respond within 21 days to BW Legal or make a set aside application to a court within 18 days, is that BW Legal on instruction from Lowells can issue a bankruptcy petition.

[sarajonsey]

Thanks for your replies...I am concerned that my offer of £5 a month would be inadequate, but I am on disability benefit and most of my allowance is taken up with care costs and special equipment etc.... would it help if I sent a doctors statement of health to prove it?

Also my brother called to see me last last and he said he could give me about five hundred pound to offer as a settlement....so do I offer this in my letter, it's only a fraction of the sum they say is outstanding but it is something?....and they have offered discounts before.

[AndyOrch]

I would hold with the £500 sara see what response if any to your minimal proposal.

 

Regards

 

Andy

[sequenci]

Hello there.

 

I've not thoroughly read the thread but I do have a quick question, are you in rented or mortgaged accomodation? Have you any other assets?

[sarajonsey]

Thanks Andyorch , what about any proof I am on benefit should I send this?

[sarajonsey]

mortgaged house....no other assets.

[AndyOrch]

Thanks Andyorch , what about any proof I am on benefit should I send this?

Not at this stage simply state that fact.

 

mortgaged house....no other assets.

Is it a joint mortgage?

[unclebulgaria67]

mortgaged house....no other assets.

 

Is there any equity ?

 

If there is any equity, it would extremely unwise not to offer some payments based on your current financial situation.

 

Follow Andyorch's advice and answer any questions they raise as fully as you can.

[sarajonsey]

ok thanks.

[sarajonsey]

what happens if they don't reply?