Lowells Statutory Demand - Ex Lloyds TSB***Set a Side by Consent***

[Candycravings]

Have received an SD handed to me by a process server acting on behalf of BW Legal.

 

I have a loan debt of circa £12k. Last payment made in October 2009. I do however dispute the amount owed and have made a CCA request following advice on CAG which include possible PPI and charges included.

 

I was concerned that I have limited reasons to have this SD set aside and then stumbled upon this thread. I will send in and complete the required set aside documentation.

 

I have also sent an email to BW Legal which includes the following;

 

It is clear that this matter is more suited to the County Court as a Part 7 Claim rather than a bankruptcy matter. I assume that that you are aware of the ruling of Mr Justice Warren in Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998(Ch) at Para 27 which confirmed that the Insolvency Court is not the place for disputed debts.

In the event that BW Legal or Lowell Portfolio do not withdraw, I will show this correspondence to the judge.

 

I received a very quick response stating that they require verification via telephone for Data Protection purposes before they will communicate via email?

 

Can anyone advise on the last point.

 

Apologies this is my first post although having been reading for days now. Any guidance is always appreciated.

[Candycravings]

Down South is an inspiration. Such tenacity

[citizenB]

I received a very quick response stating that they require verification via telephone for Data Protection purposes before they will communicate via email?

 

 

Hmmm, I don't know why they would require to speak to you on the telephone. Who else would be emailing them ?? I will send out some S.O.S for you for those caggers who can advise.

 

 

You will be aware that you have 18 days from the date the Stat demand was handed to you, to submit your set aside to the court.

 

Although it is unlikely you will obtain the information on time, I would suggest you send a Subject Access Request to Capital One in order to obtain the data required for PPI reclaim and if there are any default charges, you can reclaim those as well. The Request will cost £10.00 and they have 40 calendar days to respond.

 

You have sent a CCA request.

 

Did you receive a Notice of Assignment from Lowells advising they had bought this account ?

 

Did you receive a Default Notice from Capital One prior to the account being sold or when you first defaulted on the account.

 

Have you been receiving Notice of Arrears from either Capone or Lowells ? You should have received at least one every year.

[Candycravings]

Hi

 

I should clear one thing up, this is a debt for a loan from Lloyd's TSB. Guessing this is because I posted in a thread head Cap One. Love the fact they are called Capone

 

I have received lots of letters from Lowell's in recent times, but can't recall how many. Have lots going on with wife who has severe depression, trying to hold down my job and keep everything together, but don't want any sympathy, just want to make sure my wife doesn't have to deal with any idiots knocking at the door or phoning that May set her back.

 

I can't recall if I received a default notice from Lloyd's, it was a while back.

 

I will sort the SAR ASAP.

[citizenB]

Will amend the thread title

[citizenB]

Silverfox, thanks for alerting me to the fact that I had closed this thread. It was an error and not meant. My apologies to OP

 

It is reopened..

[42man]

Can you remember when the account was opened ? (don't be too specific)...certainly if it was me then I would be applying for a set aside. SAR request sent off to see what comes back, heading off BWLegal at the pass (as they certainly won't have this information). I would be pressing first that they hadn't provided a copy of the agreement, no default notice in the prescribed form, possibility of excessive charges, potentially missold PPI...and of course the agreement with the prescribed terms, statements for the duration of the account. You seem to have found some inspiration already from other threads too. At the first sign of a dispute they should be withdrawing the demand....

[Candycravings]

Hi 42man - I believe the account may have been opened in 2006/7. I had previously claimed back PPI, but cannot recall if it was this account, but I do want to be sure that any amount outstanding in the event I have to make an arrangement to repay excludes PPI and any other punative charges that should not have been applied.

[Candycravings]

Just had a thought, do I send the SAR to BW Legal or LLoyds TSB or both? Hope you can help

[Guest]

sar to loyds

[Candycravings]

Cheers Ford

[Candycravings]

just reviewing the documentation for setting aside the SD and following instructions on this forum, I see that I do not have a form headed 6.5 included with the documents served on me. Am I supposed to have this document or should I be collecting this from the court?

 

With regard 6.4, I do have a copy, but there is very little space to add my details.

 

Aside of the 2 page letter headed BW legal, there are 4 pages for the SD. Is this correct? I am sure I have read there should be 6 pages, however could be mistaken?

 

Any help appreciated.

[Guest]

form 6.5 https://www.gov.uk/statutory-demands/challenge-a-statutory-demand

[Candycravings]

Brill thanks again Ford

[Candycravings]

Well sent off SAR request to LLoydTSB on the 9th October, sent CCA request to BW Legal on the 8th October via special delivery and noticed that it was actually signed for on the 9th October. So starting to line everything up nicely.

 

Have also completed forms 6.4 and 6.5 and about to head off to court to hand them in, retaining all copies for my records.

 

There is a lady at BW Legal who refuses to correspond with me via email without phone verification so have reviewed the Data Protection Act and cannot find anything that requires phone verification. I have stated in my email response that their own letter mentions 'all correspondence must include the letter reference' and therefore have stated that this also includes emails.

 

Am I being too bolshy?

 

It just feels all one sided at the moment....

[supasnooper]

As a belt and braces approach, I would send Lowells a CCA request.The reason being that they own the account of the alleged debt and "should" have been supplied with the corresponding paperwork by LTSB. BW Legal are acting for Lowells and would not be required to have the paperwork although Lowells could have passed copies onto them.

[Candycravings]

well guys, just an update on a couple of things....

 

Yesterday (Saturday), I received my court date for the set aside hearing at my local County Court, the date being 10th Dec. A lot nervous now as I am worried I am going to have to remember all of the CCA dispute narrative. CCA request now in default. I really hope I don't trip myself up.

 

I had to briefly speak to BW Legal over the phone as they were refusing to deal with me on email. I set up a password and now I am receiving password protected emails from them. I stated that I merely wanted to deal with them on email as its the most convenient and I have a record of all correspondence...so far so good. Anyone heard of Eliza Cooper at BW Legal?

 

Have also received a note from Lloyds TSB stating they have received my SAR and are dealing with it.

 

Thanks for all of the help thus far.

[citizenB]

Probably one of their paralegals/litigation team, Candy. She doesn't come up on a google search which I would have expected if she were a Solicitor.

 

 

I agree that all communication should be dealt with by writing/email.

 

Perhaps type yourself up list of stuff that you need to remember.. that way you can keep a check of things

[Candycravings]

Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?

[citizenB]

Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?

 

 

Legal Executives can be defined as fee earners -in private practice their work is charged directly to clients making a direct contribution to the income of a law firm.

 

I guess she could be a paralegal.. however I would have thought that is what she would sign herself off as !

[Dotty50]

Thanks CitizenB......Eliza Cooper signs off her letters as a Legal Fee Earner. What the heck is that?

 

I don't think she will be earning as much as usual at the moment as there are many SD's being set aside, or they are backing off quite quickly, once they know the recipient has sought professional help.

 

May this continue!

[senac]

This has been great, thanks for this. I am in a similar position and have a person called Sadia Ahmed who I am dealing with. Although she is seeming to ignore my e-mails despite Lowell saying that this matter was on hold for 60 days until they can provide the evidence.

 

Today I have received a letter with a court date for 16th December so will be reading this thread to let me know what is coming up next.

[Candycravings]

Well guys...went to court today, nervous as hell...checked in at the desk, sat down in the waiting area reviewing my notes and rehearsing what I was going to say.

 

I was then approached by a young lady who advised that she was an advocate acting on behalf of BW Legal. This is were it gets interesting, she advised that she had been instructed to set aside. I obviously was very sceptical and did not believe her. I thought she was going to stitch me up.

 

Anyway called in front of the judge. We introduced ourselves and before I could say another word the advocate advised the judge that BW Legal wanted to set aside the SD and the reason given that they had not had the time to gather all of the required information I had requested to support my set aside case.

 

The judge was a little surprised and said 'I guess that you are happy with this decision'. I was in there for a total of 4 minutes.

 

I had built this up in my mind as this being the makings of a damn awful day, but could not believe the result. I can only suggest to those concerned that it is ok to be nervous as this is a very serious issue, but if you follow the guidance on this forum, you will be off to a very good start.

 

Thank you to those on this forum who provide all of the knowledge and support that helps people like me to get a part of my sanity and dignity back

[Guest]

nice one

[Dotty50]

Fantastic!

 

Another kick in the ass for Lowells!

 

Let's hope they start getting the message.