BW Legal notice - Stat Demand received - 2 Credit accounts merged ** SET a SIDE + COSTS **

[superstarjan]

Hi all, I have two threads open regarding two HBOS credit cards that I have not paid since Aug 2008 due to hardship.

 

I was sent dodgy DN's for both and have been passed around practically every DCA going.

 

I have not had much dealings for a year or so, but since August this year, I have received a few letters from Lowell and a notice of assignment from BOS. I have ignored all of them.

 

Last week I had two separate home visits from BW Legal (I wasn't home for either, but had a card posted through letterbox)

 

I have today received a letter through the post stating that they will attend again next week and if I am not at home, they will post the Stat Demand through the door and this will be the day of service.

 

These two threads are regarding my HBOS cards:-

http://www.consumeractiongroup.co.uk/forum/showthread.php?187638-HBOS-defalt-notice/page2

http://www.consumeractiongroup.co.uk/forum/showthread.php?252083-HBOS-credit-card-can-they-do-this

 

This thread is regarding my HBOS card, plus my AMEX and Barclaycard

http://www.consumeractiongroup.co.uk/forum/showthread.php?160532-can-anybody-advise-me/page3

 

HELP!

[fkofilee]

Can we see said letter?

 

Dont worry, we will help as best as we can

[citizenB]

If/When you receive the demands then please come back to us immediately.

 

You will have 18 days from the date of "service" in which to make application to the court to have it set aside. Do not worry about the date of the actual letter.

 

If you could update this thread with the details, then I will move you to the Legal Section so everyone can pile in with advice.

 

If you could let us know how the DNs are deficient, that would be good.

 

Have you sent a CCA request which has not been complied with. If you haven't sent a request already, get one in the post to Lowells immediately.

 

Did you enter into any communication regarding your hardship with either the original creditor or Lowells. (I am just assuming that the accounts have been assigned to Lowells because they do use BW Legal). Can you confirm this ?

[superstarjan]

Really glad that you've replied citizenB, you helped me to help my partner get his stat demand set aside, a few years ago, so I do have experience as I went to court on the day with my partner and it was successfully set aside.

 

Let me answer your questions -

 

post #11 on this thread has one of the DN's, the other DN is the same. They both only give 14 days from date of letter, so both deficient because of this!

http://www.consumeractiongroup.co.uk/forum/showthread.php?252083-HBOS-credit-card-can-they-do-this

 

I have sent a CCA to the original creditor in the past (2009) which was never complied with. I will send another today, shall I send it to lowells, or BW legal? Has the letter changed, or shall I send the same one I sent in 2009?

 

I sent a hardship letter to the original creditor back in 2008, but I have not replied to any correspondence from lowells so far.

 

ps

I'm not sure if they are grouping the two accounts together or it's just one, there is no identifiable ref number on the recent letter, however lowells have been sending me separate letters for both accounts.

[dx100uk]

well you 've already batted capquest away on one of the card for an SD

 

so this should be a walk in the park

 

dx

[citizenB]

Yes, that is going to be the problem isn't it.. you don't know if they have merged the two accounts..

 

Yep, the DN is defective and if they have not complied with the s78 request that is two good reasons for set aside.

 

Lets see what they have to say for themselves on the Demand and we can take it from there.

[superstarjan]

Shall I use the same CCA letter, or has it changed?

 

Also, should I send a SAR to hbos?

 

another thing, I am going to put both accounts on the CCA, so should I send £2, so that's £1 for each account, or will the £1 be suffficent?

 

Plus, they have also got two different account numbers, so four in total rather than the correct 2, but they are very similar, so prob just a typo. should I include these account numbers too? These are different from lowells own account numbers, they are the original acc no.

Edited October 11, 2013 by superstarjan

[dx100uk]

yes cca lowells of both accounts.

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account,

together with any other documentation the Act requires you to provide,

including a detailed statement of the account.

 

I expect you to comply fully and properly with this request, within the statutory time limit.

You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement,

you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note that these funds are not to be used for any other purpose

 

If you are unable to comply fully and properly with this request,

you should confirm this in writing at the earliest opportunity,

and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

 

 

...............

 

and SAR HBOS get all the statements

 

 

dx

[superstarjan]

thanks, will do that now

[superstarjan]

Sent off the CCA on Thursday.

 

Had SD delivered today, they didn't knock on, they just posted it through letterbox and they have combined my two cards.

 

Should I send SAR to HBOS?

[dx100uk]

you should have done that last week

 

yes do it today by RD

get down the PO now.

 

dx

[Old Cogger]

Sent off the CCA on Thursday.

 

Had SD delivered today, they didn't knock on, they just posted it through letterbox and they have combined my two cards.

 

Should I send SAR to HBOS?

 

 

Do not sit on it!!!!!!!!!!! get it off 1st class Recorded straight away!

[superstarjan]

I'm onto it, can you please give me a link to a template?

 

ps. do I send two postal orders and separate letters, or can I group them together now that lowells have?

[dx100uk]

sar to hbos

 

cca to lowells

 

click the library tab top left

 

dx

[superstarjan]

I've done the CCA, but need to know if I send one SAR for each account to HBOS or should I group them as one, because BW legal have now sent a DN where the two accounts are combined?

[dx100uk]

no one sar only

 

should get you back everything on all accounts with them

 

dx

[superstarjan]

thank you

 

sorry to mither, just checking i've got it right, is it the full SAR? This one:-

 

DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST

ACCOUNT /REF NUMBER XXXXXXXX

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

 

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

[dx100uk]

that'll do add a line too

 

I require copies of all/any agreements under whatever type of finance within your group of financial trading names

[superstarjan]

right, all done, I sent the postal order blank and signed for

 

Another thing I need to ask about, after they sent the faulty DN,they then terminated the agreement and I sent them the letter accepting their unlawful rescission, does this still hold any bearing?

Edited October 15, 2013 by superstarjan

[citizenB]

Hi, stan, responding to reported post - is it the Stat Demand that has now been served on you ?

[superstarjan]

Yes it has now been served, they came yesterday, they didn't knock on, they posted it and ran!!

 

For my own information -

Documents you will require :-

 

http://www.consumeractiongroup.co.uk...atutory-Demand

 

Further info for you to digest :-

 

http://www.consumeractiongroup.co.uk...ervice-By-Post

[citizenB]

Another thing I need to ask about, after they sent the faulty DN,they then terminated the agreement and I sent them the letter accepting their unlawful rescission, does this still hold any bearing?

 

I am actually not too sure about this statement now, stan.. hopefully someone will be able to confirm.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?271620-What-is-Unlawful-Rescission-Repudiation-and-What-s-the-Next-Step

[superstarjan]

HBOS have sent my postal order back saying that it needs to be made out to halifax bank and they don't have to start the 40 days until they receive another one

[caro]

The 40 days starts when they receive the fee so if it's not correct I'd agree with what they say.