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

[superstarjan]

I'm just getting my head round everything ready for court tomorrow. Nervous is an understatement!

 

I have had nothing from the other side (expect Notice of Acting), and I've also phoned court and they said that there was nothing on file from them either. If they were to turn up tomorrow, can they refer to any paperwork they bring?

[superstarjan]

Costs are now in, can anybody answer the above question, regarding the other side turning up with paperwork that I haven't seen? Thanks!

[mjt2013]

If they turn up with new documents you can always ask for an adjournment so that you can consider them. If the documents are very basic or small the judge may consider that you can just read them on the day but if it's anything more, or anything that requires you to think about your response, you should be able to get an adjournment.

[citizenB]

as advised by mjt, they cant simply turn up at the court with a bundle of documents that you have neither seen nor had time to review. You should ask the court/judge for an adjournment.

[superstarjan]

Thanks guys, I suspect that they will try that, what would be the point of turning up otherwise, a part of me wants to get it done and dusted though, so my heart rate can return to normal

[twoman]

good luck for tomorrow.

[wendyboats]

All the best and lots of good luck to you for tomorrow, will be thinking of you and hope your news is of victory ! Wendyboats xx

[superstarjan]

Thank you! Ps just remind me, if the judge is male, it's sir, but what do I call the judge if she is a female, is it madam?

[citizenB]

Ma'am I think

[superstarjan]

can i still quote this:-

It is not an appropriate debt to base a statutory demand upon as it requires a form of accounting. Statutory demands are the basis upon which a bankruptcy petition is presented. The bankruptcy petition (and in turn a stat demand) can only be based on what are called liquidated debts i.e. debts which are fixed, as it were which do not require a form of accounting. A credit card debt would need a form of accounting to calculate it and so is an inappropriate debt to base a demand upon.

[The Mould]

can i still quote this:-

It is not an appropriate debt to base a statutory demand upon as it requires a form of accounting. Statutory demands are the basis upon which a bankruptcy petition is presented. The bankruptcy petition (and in turn a stat demand) can only be based on what are called liquidated debts i.e. debts which are fixed, as it were which do not require a form of accounting. A credit card debt would need a form of accounting to calculate it and so is an inappropriate debt to base a demand upon.

 

 

 

Yes, and, further, argue that a statutory demand ought to be the last port of call for any creditor and most certainly not his first port of call.

 

 

going to re-read your case now and see if I can add any further or other help for you.

 

 

Kind regards

 

 

The Mould

[superstarjan]

Thank you TM, I'm leaving in half an hour

[The Mould]

Stick to your guns,

 

no valid statutory default notice has been served by the creditor pursuant to s.87(1) CCA 1974 (as amended) and

the creditor has also failed to comply with his obligations under s.77 & 78 of the CCA 1974 ( as amended)

in respect of my statutory rights to be supplied with a copy of the regulated credit agreement upon which he relies upon

as regards this action he has commenced with against me,

 

in this regard,

 

I respectfully say to this Court that, according to statute, while the creditor is in default of his statutory obligations under the CCA 1974 (as amended),

he is not entitled to enforce the regulated agreement upon which he relies.

 

 

In the light of the foregoing, I respectfully request that this Court do set aside or dismiss the creditor's action in its entirety and award me my costs of Defending the same.

 

 

Kind regards

 

 

The Mould

[fkofilee]

Good luck!

[superstarjan]

Thank you, ps what do you mean by (as amended) ?

[The Mould]

Thank you, ps what do you mean by (as amended) ?

 

 

 

The CCA 1974 was amended in 2006 and those amendments came into force in 2007, none of the amendments will affect any of the material I have posted for your here earlier today.

Good luck with your hearing and, remember, just be yourself and state the facts of your case.

Kind regards

[The Mould]

I sincerely wish you the very best of good luck and I do hope that a judge who is well versed on consumer law and the CCA 1974 sits your case.

 

 

Please post up the result of your hearing when you return home from the Court.

 

 

Kind regards

 

 

The Mould

[superstarjan]

I can't stop smiling, I won with costs

[citizenB]

, excellent..

 

 

All that time wasted, worrying !! Well done.

 

 

Perhaps you could give us a more detailed account of your trip when you have calmed down

[unclebulgaria67]

Yes it would be useful to have more info.

 

I do wonder what BW Legal and Lowells are doing.

 

They are issuing the SD's without having the required documentation on their files.

 

When challenged, they then sometimes appear to give up when the court hearing for the set aside comes along.

 

Only if they get a Judge who favours creditors do they appear to gain the decison or an adjournment.

 

Perhaps the Judges around the country are getting fed up with dealing with so many of these and the tide is turning against Lowells.

 

We know of Wendyboats appeal, but I wonder how many others are going through at the moment or have been decided against Lowell.

 

If there is a way of finding out, then it might be worthwhile.

[AndyOrch]

Its the ones that do get through without challenge which makes it worth while for them with the recipients unaware of their rights and without the benefit of The Consumer Action Group...that's the injustice

[superstarjan]

Yes indeed, Citizen, all that worry for nothing, sorry if I was a bit of a pain

 

It was a landslide, the judge was very, very hard on their barrister for issuing the SD without any paperwork, I hardly had to put my points across at all. I asked for costs after it had been set aside and their barrister tried to say that I shouldn't be awarded costs, but again, the judge's mind was already made up. I was very lucky to get this Judge. I can start enjoying the christmas cheer now

[dx100uk]

that's about the 6 or 7th one thrown out in as many weeks if not sooner.

 

the word is obviously getting around.

 

dx

[citizenB]

Yes indeed, Citizen, all that worry for nothing, sorry if I was a bit of a pain

 

It was a landslide, the judge was very, very hard on their barrister for issuing the SD without any paperwork, I hardly had to put my points across at all. I asked for costs after it had been set aside and their barrister tried to say that I shouldn't be awarded costs, but again, the judge's mind was already made up. I was very lucky to get this Judge. I can start enjoying the christmas cheer now

 

 

You weren't a pain at all, Stan. It must be very worrying when you are faced with something like this. Presumably this is why so many people give in at the first hurdle, to avoid all the stress.

 

 

So well done for sticking it with it.. and yes.. a nice early Christmas present

[caro]

Well done.