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


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I searched for some examples Sunderland :-

 

 

 

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

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they have lumped debts together?

 

whilst a mobile debt is not regulated by the consumer credit act as such,

it could add to the dispute re the amount owed. ie is that mobile debt correct, is it disputed?

 

a genuine dispute re the amount/debt on an sd should be a valid ground for set aside of an sd.

Edited by Ford

IMO

:-):rant:

 

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Hi ford

to be honest we have not got a clue whether or not the mobile debt is correct,

as stated before she thinks this is for an old contract mobile

which she either never used or used for a while then stopped,

 

so the debt could only be for the monthly cost of the contract x however many months were left till the contract was due to end.

 

She has also never raised any dispute with anyone regarding this debt neither the OC or lowells.

 

We did send the CCA request,

it was recieved and signed for 9th oct

 

we got a reply from lowells on saturday 19th oct dated 15th oct

stating they had requested documents from OC and would attempt to send these within 12 working days ???

 

Is this correct ???

 

I thought it was 12+2 days from and including the day they recieve the request ???

 

If i am correct that is today and nothing has arrived so they are now in breach yes ???

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Hi ford, Andyorch or anyone else who can help.

 

 

The 6.4 form where it says title at the very top,

does anything need putting there?

 

 

Should the other half sign at the bottom (same for the 6.5 as well) ?

 

 

Reason i ask is i assume the court send a copy to BW and or Lowell

and as mentioned regular on cag avoid signing unless in crossed box etc for fear of lifting the signature.

 

 

The 6.4 is now done apart from the parts i have just queried

so how many copies should i take ?

 

 

Take one copy to court and do we have to send copy or copies to BW and or Lowell or just hang on to any remaining copies ?

Thanks

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How to fill in Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from (CREDITORS NAME) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of CREDITOR/SOLICITOR)

 

For (e)

 

The applicant’s address for service is: (e) (insert your name and address)

 

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

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Thanks for the help andyorch much appreciated.

Thats all done,

 

 

I had already crossed out solicitor bit at the bottom as you suggest.

 

 

its just sign normally not on top of a box of crosses or anything like that yes ?

Thanks

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Sign normally its going direct to the court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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ARRRRRRGH

 

just been to the court to hand the set-a-side in

thought i had done quite a decent job

 

worked late into the night and studied downsouths thread to help with witness statement

just tweeked it a bit only using parts which were applicable to the ex missus.

 

Today is day 18 !!!

 

The court staff reckon i have filled in the 6.4 wrong

 

i asked him if he was definately sure it was wrong to which i got a glare.

 

I put the ex missus name and address at A and E,

her name at B

and the stat demand date at C.

 

I put both BW and Lowell name and address at D.

 

Is this correct ???

 

Andyorch, Ford or anyone able to look in and advise ???

 

The guy at court reckons lowell go at A,

BW go at D

and the ex missus at E ???

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yes, court is correct.

lowlifes at A (you are asking them to attend (if they do) re your application,

 

 

their sols at d (as they are dealing re service of docs),

 

 

ex missus at e (as she is not legally represented, service would go to her).

IMO

:-):rant:

 

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Cheers for that ford,

to be honest when i filled it in i thought it did not seem right that the applicants name and address was at "A".

 

 

However i did ask the question on here and was told your name at "A"

also was looking at another lowell stat demand thread and someone on there listed what to put on 6.4 form and they also said your name at "A".

 

 

A little bit concerning that something like that is being advised on the forum.

However this is an easy fix,

the 6.4 form has now been altered,

 

 

it just means i am now handing in set-a-side on day 19 !!!

In your opinion could there be any repercussions with this ???

 

 

I mentioned it to the guy at court and he gave the impression it was not a big deal.

Any thoughts thanks ???

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i believe its 18 days after receipt, double check dates, you may still be in time.

 

otherwise,

you could add a brief note explaining why day late,

eg took it in on time but there was an error pointed out by the court,

and request extension of the time (a day)

 

 

so it is considered/accepted as in time (if you see what i mean)?

see what the court says also?

Edited by Ford

IMO

:-):rant:

 

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I also had a SD from BW legal which was served on 10th October 2013 and according to my calculations 18 days were going to up on this coming Sunday.

 

 

Managed to fill the 6.4 and 6.5 forms and took them to court this afternoon only to find out the court times had changed a few months back from 10.00am to 4.00 pm to 10.00am to 2.00pm.

 

 

The person at the court said I could leave the forms in their post and they will be seen first thing Monday morning.

 

 

I have bought the forms back and will go first thing Monday morning but it will be the 19th day on Monday.

Edited by mr nice
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My local court times are the same now,

used to be 4.00pm now 2.00pm.

 

 

I rang to check a few days ago and was told important documents like a stat demand set-a-side would still be accepted up to 4.00pm especially if it was near the 18 day limit.

 

 

I did not get to court till 5 past 2 today but still got in and had my paperwork stamped as received today.

You should have insisted they accept them and stamped them received.

It seems like its pot luck with courts these days.

 

 

I also got the girl to put a note on the front of my envelope explaining i had attempted to hand the forms in yesterday (day 18) but was refused due to a mistake on my 6.4 form,

I would suggest you do the same on monday explaining your situation today.

 

 

However the guy at my court yesterday who apparently is the guy who mainly deals with insolvency stuff did not see the 18 or 19 day thing being a big deal.

 

 

When i expressed my concern he just said "Day 18 Day 19" and shrugged his shoulders.

Hope this puts your mind at rest.

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technically,

if its over the time limit then its late/'out of time'.

yes, is 'only' a day (and may not be a prob),

but is still over. and should not be for court staff to say over the counter whether any lateness would be accepted or not, is for the J/court to decide.

 

 

a j can extend the time limit and accept 'late' applications.

but, without j accepting any lateness/ordering an extension then technically is 'out of time',

and the opposition would be within their rights to argue such.

 

eg #82, 85 on here http://www.consumeractiongroup.co.uk/forum/showthread.php?367618-lowells-statutory-demand-**SUCCESSFULLY-SET-ASIDE-PLUS-COSTS-**-CHEQUE-RECEIVED-NOW-**/page5&highlight=d33

note d33 had an order extending the time.

Edited by Ford

IMO

:-):rant:

 

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Do you include the day that you are served with the SD as one day.

 

 

I got my through the letter box on 10th October 2013.

 

 

I'm also a bit confused in filling the 6.4

 

 

for in section (d) I have Lowell and

in section (a) I have BW Legal.

 

 

The date I got the SD served is 10th october 2013

 

 

but on the paper work by BW legal it says 24th September 2013.

 

 

In section (b) do I put the 10 October or 23rd September.

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As far as i am aware day its served is day one unless it gets served late in the day say 8.00pm then i think day one starts from the following day.

 

 

On our 6.4 we put lowell at "A" as they own the debt and its them who have instructed BW to act for them.

 

 

At "B" you put just your name and for the date at "B" put the date which is on the stat demand not the date it was put through your letterbox as you put that date on your 6.5 witness statement form.

 

 

At "D" put BW Legal

and "E" your name and address.

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Certainly hope your right FORD because that would mean i have definately handed in on day 18 !!!

 

 

To be honest i am not sure i just presumed day stat demand served was day one unless served in the evening ???

 

 

I read the other thread you put a link too earlier re an out of time application,

the ex missus is a worried woman now after i told her what you said.

 

 

Could do with someone who knows for sure on the rule looking in and advising.

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its days

which mean WHOLE DAYS not parts of one.

 

until YOU have had the SD for 24hrs its not day 1 , is it?

think about it......

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Certainly hope your right FORD because that would mean i have definately handed in on day 18 !!! ...

hence suggested #64 to double check your dates as might still be in time :)

 

its days

which mean WHOLE DAYS not parts of one.

 

until YOU have had the SD for 24hrs its not day 1 ...

 

dx

 

thats what i thought too.

the form asks the date the sd 'came into my hands'. day 1 s/b the next day?

Edited by Ford

IMO

:-):rant:

 

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  • 5 weeks later...

Hi folks,

 

 

the missus has a court date for this tuesday 26th nov.

 

 

Is there anything she should do prior to the hearing ???

 

 

We are really annoyed with the court,

despite telling them she would not be at home to receive post from the 11th nov until 22nd nov

they have still sent out a letter during this period leaving her no time as such to prepare or arrange cover at work.

 

 

She has also received a letter from BW regarding

"Notice of acting" which i assume is standard as i have heard it mentioned on other threads.

 

 

Just to recap we did send lowell the CCA request which was received by them 9th oct.

 

 

She got a standard reply saying they were requesting it from the original lender.

 

 

We also sent a letter complaining in general about the whole matter

to which we got a reply saying the matter was on hold until paperwork from the original lender was obtained.

 

 

We have since received nothing from lowell or BW except the notice of acting letter from BW

which obviously will have been sent out after they recieved the hearing date letter from the court.

 

 

Any advice would be greatly appreciated especially due to the tight time lines now.

 

 

Thanks

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Don't forget to fax / drop your costs off to the court which have to be in the file at least 24hrs before the hearing - take a look at this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

Stand firm on the fact that they have totally disregarded an official request, and state the fact that is quite obvious they are making a deliberate and vexatious attempt to mislead you by stating (show the judge the letter) that they would put any action on 'hold'.

 

 

You should show the judge just how angry and upset you are at having to deal with this and in light of the above you request the judge throw out the demand and pay your costs either in the standard or in the indemnity.

 

And what you must do without fail is report them to the OFT for deliberately misleading you.

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Thanks 42man,

 

it looks like the ex may have to take it on the chin regarding the costs

as they would need to be in by 10.00am tomorrow and to be honest that is just not going to happen.

 

The ex is at work at the moment and i am too shortly.

 

We are both really annoyed at the court.

 

I knew the ex could put in for costs but we were expecting at least a weeks notice prior to the hearing

to prepare a costs schedule.

 

Regarding the hearing itself i have read other threads where sometimes the opposition dont even bother turning up,

I assume this would result in the judge automatically granting the set-a-side??

 

However if the oppo do attend any advice please on

 

A) If the oppo try to talk to the ex missus prior to the hearing ie outside the court room ??

 

B) What to do if the oppo turn up with a supposed copy of the CCA giving the ex no time to study it etc.

 

C) What to do if the judge looks like he/she is being sympathetic to them

and just grants them more time to come up with the CCA ??

 

 

Thanks

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