SD from lowells/BW legal OH's Lloyds loan debt and unused mobile contract

[dx100uk]

Lloyds?

 

dx

[SUNDERLAND1]

Is there any reason why you should not just send a cheque when doing CCA and SAR requests ???

 

If it is because of the signature, it would be me writing the cheque out from my personal santander bank account

with my signature only on and the ex missus would just give me cash for the cheque i have wrote out ???

 

This way it saves paying the commission on the postal orders.

[unclebulgaria67]

Would you want your personal banking information to be held by debt companies ?

Sort Code and account number on your cheque, with your signature.

 

It is up to you, what information you are willing to provide.

 

If you are not bothered send a cheque and write on the back of the cheque what the cheque is for.

[SUNDERLAND1]

Ok thats the CCA and SAR requests off.

 

The CCA was sent saturday and only arrived today which i am a bit annoyed about.

 

The SD was delivered on monday, the ex found it on the doormat in the evening when she returned from work.

 

This means the 12+2 CCA deadline is only 2 days before the 18 day SD deadline, a bit tight.

 

On the subject of the SD

 

she was right and it is for a personal loan over 10k in value

but they have also added an alleged mobile phone debt value less than £200 which she really is not sure about.

 

Any advice on what to do from now please this is all new to us.

 

Does the mobile phone debt hold any significance???

 

It just seems a little strange for such a punitive amount.

 

I have been reading candycravings thread which is very simillar to the ex`s.

 

I see 42man recommends trying to persuade them to withdraw due to lack of paperwork before going gung ho with the SD.

 

Would it be worth us trying this and if yes would by email be recommended, at least it would buy a bit of time with the CCA request

and SD set a side deadlines being so tight.

 

For the record the loan was taken out august 2007 so im assuming they dont need the original agreement,

also she is almost sure there was no PPI and there were no charges either

because the missed payment charges were accruing on her personal lloyds bank account every time a payment was missed.

 

Any thoughts please about valid reasons for a set-a-side starting to get a bit worrying all this.

[Guest]

yes, can ask them to 'withdraw'.

 

it won't buy time as such if they don't withdraw in time re application to setaside,

as the application to setaside would still then need to be done in the sd time frame 18 days.

they could though still withdraw after.

 

yes, if they don't have the original, then an accurate recon would prob suffice.

 

charges are still charges wherever they're paid from. but, would that be enough? possibly if it affects the amount they claim ie a 'dispute'.

 

am a bit confused though as to which is in issue here? loan or credit card? thread title suggests credit card?

Edited October 9, 2013 by Ford

[42man]

Very crafty the fact that they are attempting to add a mobile phone bill too (do you know anything about this ? - would this part of it be statute barred ?)

 

- as it stands today they are in default of your request for a copy of your agreement,

if it was me I would be attempting to set this aside.

 

You have made more than a reasonable attempt to gain information by sending the SAR (as you can't use the civil procedure rules in the insolvency courts to obtain disclosure)

 

however at the potential setting aside of the demand you can certainly dispute the default notice, the agreement (is the agreement correct ?

does the interest rate match up to what is in the statements ?).

 

You can always request the judge to give an 'unless' order

 

whereby unless they provide the

default notice,

statements for the duration of the agreement,

the agreement,

details of all PPI payments

 

then the judge throws it out,

 

your set aside should be thorough and explain why you are querying the paperwork and use other case histories to demonstrate your point.

 

It is becoming riskier to attempt to set aside on the above information but certainly not impossible.

[Guest]

42man, cca request has only just been done afaik, so not yet in default of that. also sar has only just been done.

was a dn required as was a fixed term loan beyond its term?

apparently no ppi.

[SUNDERLAND1]

Hi ford

 

this is definately a personal bank loan not a creditcard and obviously as it turns out a mobile phone debt as well.

 

Somehow my thread title was altered to include CC can anyone alter it again to remove this as i am not sure how to.

 

As for the charges ford,

 

to try and explain a bit clearer her loan payments were made by direct debit from her bank account

but because she was overdrawn the payments were not honured and she just kept being charged returned direct debit charges each month for about a year.

These charges just kept adding up and making her more overdrawn in her bank account.

 

The charges did not effect the amount or increase the amount owed to the loan if you see what i mean.

 

I would ilke to try contacting BW Legal by email to ask them to withdraw but to be honest i aint got a clue how to word it can you

or anyone else possibly give me some pointers which i could flesh up a bit ???

 

To answer 42 man she thinks the mobile phone is for a contract she took out but never actually used

in other words she never made calls texts or anything so the debt must be for the monthly tarriff for the length of the contract.

she also does not think it would be more than 6 years old.

[dx100uk]

title done

 

dx

[Guest]

ok, is loan and mobile phone. both not statute barred.

 

that mob phone inclusion could add to the dispute

also re the amount claimed which should work in favour re sd set aside

ie an sd should be setaside if there is a legitimate dispute re amount owed.

 

yes, i see what you mean re charges, ie they are o/d charges.

 

had the loan term expired before they started collecting on it?

 

nudge 42man re wording of any poss comms to them?

Edited October 10, 2013 by Ford

[SUNDERLAND1]

Hi ford

 

the first loan repayment date was sep 2007

and the loan term was 12 years.

her last payment was jan 2008

and she recieved a default notice off lloyds dec 2008,

 

however in BW Legal SD paperwork it gives a default date some 6 weeks later.

 

Lowells bought the debt in june this year

but again BW Legal paperwork gives a NOA date a week different to what it actually was.

 

She recieved yearly statements from lloyds every february apart from this year which they failed to send one.

 

Hope this helps to clarify things a little.

[Guest]

ok, so a dn would've been required?

was it compliant in form?

defaults are usually registered a bit after the actual default date

but the actual default date should be the date of the default

and not the date of registration. have you checked the credit files?

not sure re NofA and statements

, hopefully someone will check in on that.

Edited October 10, 2013 by Ford

[SUNDERLAND1]

No she has not ever checked her credit files.

 

 

Would you recommend that she does and if so any particular one ???

 

 

Do you know if she will get immediate access or is their a waiting period of some sort after registering with one of the CRA`s ???

[Guest]

up to you.

if so, check one of the major ones.

 

there is the statutory check which still costs 2£ i think but is limited.

or one of the free trials if not done one before,

but remember to cancel it in time unless want to continue with payment.

no waiting period as such.

 

check out their websites for info; experian, callcredit, equifax, etc

Edited October 10, 2013 by Ford

[SUNDERLAND1]

Ok will do that tomorrow in the meantime hopefully 42man or someone will look in and give me some pointers re email to BW to try to persuade them to withdraw SD. :-)

[Guest]

give him a pm nudge request with link to your thread to look in again. i'm sure he wont mind. if he does, blame it on me

[SUNDERLAND1]

Can anyone tell me if i should just take it for granted that the court named on the SD by BW Legal

is the nearest one to us that deals with bankruptcy

 

or is it worth my while contacting the 2 courts which are closer to ask if they deal with bankruptcy ???

 

Also i need to sort out forms 6.4 and 6.5

do i have to request or collect these from the court and fill them out

or i have noticed many links on here which you can click on for the 2 forms

 

is it ok to do this and

print off then fill in the form in pen ???

 

Is that the normal / easiest way to go about it ???

 

Thanks

[unclebulgaria67]

Find out the nearest county court to you that handles bankruptcy cases and use that one.

 

You can use the forms you will find online and print these off. I think you can type the forms as they open in MS Word or you can print off and complete by hand.

[SUNDERLAND1]

Hi folks

i have just rang the court i would have preferred to use and the receptionist said that they do not cover the area my partner lives in

 

she told me which court deals with our area and it is the court named in the stat demand.

 

I have googled both court postcodes to get travelling distance and the court named in the SD is actually closer by about 1.5 miles.

 

We would have preferred to use the court slighty further away purely because the nearer court is in a city centre and is a nightmare to get to and park etc.

 

Question is ???

 

Is the receptionists info correct ???

 

Do you have to use a particular court based on where you live or is she incorrect,

 

can you use any court you like

 

i was thinking about the mobile phone debt that they have lumped in with the Lloyds loan,

 

i realise on the grand scheme of things the phone debt is minimal at less than £200 when the loan debt is £10k+

 

where do phone debts stand re DF NOA CCA etc

because the ex missus has nothing at all for this phone debt and can not recall ever receiving.

 

I was just thinking it would add more ammunition to the set-a-side if the likes of a DF notice or anything else should have been issued ???

 

Thanks

[AndyOrch]

Moblle phone are not covered by the CCA....you have a service contract agreement this also cover's what happens in the event of default in their T&Cs.

 

Andy

[SUNDERLAND1]

Thanks andy

 

 

you are saying there are no grounds re lack of paperwork re the mobile debt that could be used to flesh out the SD set-a-side.

 

 

Also any answer to my question in post 44.

 

 

Thanks for looking in.

[AndyOrch]

Yes she is correct.

 

Thanks andy so you are saying there are no grounds re lack of paperwork re the mobile debt that could be used to flesh out the SD set-a-side. .

 

Every debt is based on some form of contract/agreement...have you requested disclosure ?

[SUNDERLAND1]

Can anyone help me filling in the ex`s 6.4 form

 

i have done A,B&C, at D

 

should i put lowell or BW Legal or both

 

and should any particular named person be added also.

 

Finally at E

i assume i put the ex`s full name and address yes ???

 

In reply to your question andy re disclosure

im not quite sure what "Disclosure" means to be honest if you could briefly evplain i would be gratefull.

 

Also im not sure but will disclosure be relevant in a stat demand set-a-side ???

 

Sorry if im sounding a bit thick lol. Thanks

[AndyOrch]

I was referring to pre SD....any original dispute before they got their mits on it.

[SUNDERLAND1]

Hi anyone able to help with my questions in post 50 re filling in form 6.4 ???

 

Also when enclosing the SD itself,

is it just the 3 page SD You hand in to the court with forms 6.4 and 6.5

not the 2 page letter from BW Legal that accompanied the SD that the process server put through the letterbox ???

 

Thanks