SD from lowells etc - old halifax card, terminated before DN expiry - help

Indebt1 · September 22, 2013

Send a covering letter attached to your section 78 request and state the previous response from RBS......see what response if any before considering offers.

will do.... thanks so much!

Desperate Daniella · September 23, 2013

It's very important to keep corresponding with Lowell's as they are very quick to issue SDs whenever they possibly can. However, if you fight back and show you mean business they can be persuaded to write debts off. Let's see what they send in response to the CCA request.

Indebt1 · September 24, 2013

is this the correct one to send?

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

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(6) 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.

batty69 · September 24, 2013

is it not possible rather than go through the CCA rigamole again with this DCA but chase the assignment angle instead?

Surely to assign the rights to a contract you would need to have the original contract to know what those rights are ?

AndyOrch · September 24, 2013

is this the correct one to send?

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

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(6) 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.

Important to head it " I do not acknowledge any debt with company "

Andy

Indebt1 · October 17, 2013

Hi all

If someone can please advise urgent.

I am out of the country for medical reasons and not due back for another week.

Mt wife received today by hand a stat demand dated and signed 24 sept from be legal acting for lowell,

I may have CCTV footage of him handing over today which does not leave me time to set aside nor am I in the country at the moment.

It is for a credit card debt of over £9k which I do believe is un enforceable but is within 6 years.

How can I put a fast stop to this?

As I said I am away and also this was not served properly and actually downright dishonestly....

..... The envelope bears no postmark.

My wife is at her wits end as she is scared.

Any help please??

Edited October 17, 2013 by Indebt1

Indebt1 · October 17, 2013

This was handed over at 7am 17th oct..... And docs are dated 24th September.

ims21 · October 17, 2013

Hi and welcome along.

The guys with more knowledge will be along as soon as they are available but you need not worry about the dates on the documents, it is the date of service which is important as far as a set-aside goes.

While you are waiting for some replies, have a browse in this forum for other threads for Statutory Demands and start reading. There is a lot of useful information that you will pick up.

As I said, the more knowledgeable will be along to help you.

Indebt1 · October 17, 2013

Finally TN
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What to do if I can't find these letters, can I request copies of the DN and termination notice and from whom?

supasnooper · October 18, 2013

Hi there,

Can you tell us who the credit card company is ?

Do you have any of the following paperwork for the account

- consumer credit agreement, default notice, Notice of Assignment ?

Have a read of the current Statutory Demand threads to see the latest news on SD's

Edited October 18, 2013 by supasnooper
paragraphs

Indebt1 · October 24, 2013

HI Supa/ims21 and all you caggers

this was originally a Halifax account owing just over 8k,

in 2009 i ran into extreme difficulties and wrote to them on the 16th dec 09

trying to offer a settlement of around 10% which they rejected in a letter dated 30th Dec,

on the 22nd i recieved a default notice letter (which i have on this site but am unsure how to merge)

giving me till the 12th Jan to pay or account termination!

on the 4th Jan (8 days before the stated date )

i recieved the termination letter from Halifax stating the account has been terminated.

it has since done the rounds of DC's

most of which i ignored,

Also the actuall original CCA in my eyes was a clear copy and paste job without the T&C's within the document.

I am not sure if i recieved the notice of assignment which was this year,

also the actual default date showing on my credit file is 3 months aftert he actual default letter

and after the termination letter.

to respond to this Stat demand...

.. do i point out the there is an invalid DN as the termination was served 12 days after the dn

and not in the agreed times??

How do i attack this hard and fast??

thanks guys for all your help!

**dx100uk** · October 27, 2013

18 days from the 17th to respond

did you sent them [lowells] that CCA request?

have they responded

dx

**dx100uk** · October 27, 2013

numerous threads tidied and merged to show history of debt & advise.

dx

Indebt1 · October 27, 2013

HI DX

i was quite unwell and confused hence the reason for being away last week.

i havent sent the cca request.

as weird as this may sound i have had 2 accounts from HBOS, and for one HBOS had sent a letter advising that they have no cca and therefore non enforceable, i did confuse this with the letters recieved from lowels assuming they were chasing the unenforcable debt.

it now turns out they were chasing the Halifax debt which i have the CCA and also now have the DN and unlawfull termination letter to hand as per the copies shown on this thread, is this enough to respond back with ??

Indebt1 · October 27, 2013

i have made quite a mess of all this.... im feeling so stupid!!

i cant even remember if i sent of the cca letter advised last month although i dont think i did.

The DN is invalid as it was terminated before the agreed time.... the CCA is a copy and paste , i have this paperwork.... is this what i use to attack the SD?

sorry if im confusing all :-(

**dx100uk** · October 27, 2013

I would guess the early term might be the answer.

you've plenty of time

and

you've plenty of passed court exp too I see.

await the legal gurus

that's not my speciality.

dx

Indebt1 · October 28, 2013

Any of the Legal Gurus around? i would love to respond and get this shoved straight back down their throats....

citizenB · October 28, 2013

Responding to S.O.S.. Just having a read to see what is going on.

Indebt1 · October 28, 2013

Brilliant ..... really appreciated

citizenB · October 28, 2013

Ok, from what I understand, you have received a Stat Demand on 17th October (although it is dated some 3 weeks before).

You therefore have until 4 November to submit an application to set this aside.

The forms you will be using are.. 6.4 and 6.5 - you can hand them in at your local court.

Forms can be downloaded from the link below.

http://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

I am not quite certain from what you have posted, what you are going to base your set aside application on.

Was the account in dispute with the original creditor prior to them selling it to Lowells ?

Is there non compliance with your s78 request . Although I see you have received some terms and conditions, are they correct ?

To comply with an s78 request they are required to have provided you with..

A copy or truthful reconstruction of the agreement.

Terms and conditions from both inception and at default or current.

Statement of account.

You are saying that they sent you a DN, with sufficient time to remedy the breach, but they then terminated the account in writing before the remedy date ? Is that correct ?

Because I cant find the DN.

Are you disputing the amount being claimed on the Stat Demand ?

Indebt1 · October 28, 2013

Hi CB

1.on page 6 of the thread i have posted the DN and the termination letter , DN letter gave me till 12th Jan to comply, termination letter is dated 4th Jan.

2.the CCA is a reconstruction and in my view did not have the T&C's on the back although i am not sure how relevant this is in todays day and age

3. outstanding balance at time of default letter was £8555 the default registered was for £9.6k.

4. i did make a settlement offer to Halifax at one point and I didnt properly fight the CCA or put the account into dispute.

what would be the best way to fight this with this info?

Thanks for coming to my assistance so fast.

citizenB · October 28, 2013

Unfortunately because this is a Statutory Demand rather than a conventional Claim, things are very different.

Having seen the Default Notice, then in a conventional claim you could argue this as part of your defence.

DN was dated 22nd January 2009 - a Tuesday. Almost certainly this would have been sent by 2nd class mail (it is what they did).

the statutory time has to allow for posting. 2 business days for 1st class - 4 business days for 2nd class (business days are Monday to Friday, excluding bank holidays and weekends.

So, a Default Notice dated 3 days before a Bank Holiday ? caught up in the Christmas post ! Being generous, if they posted it on the 22nd then you have the following..

22nd = Tuesday

23rd - Wednesday (1st posting day)

24th - Thursday (2nd posting day) - Christmas eve.

25th - Friday - Christmas Day (cant include)

26th - Saturday (cant include)

27th - Sunday (cant include)

28th - Cant include because Boxing day fell on a Saturday and this would have been a Public Holiday)

29th - Monday (3rd posting day)

30th - Tuesday (4th posting day)

So you would only have had 12 days and not the statutory 14 to remedy. If the DN was caught up in the backlog of post generated by Christmas.. who knows when you might have received it ?

It would appear they then terminated the account on the 4th January, which IMHO invalidates the Default Notice.

Then you have the Application Notice and the terms and conditions provided . The Application form is dated 2001 - the terms and conditions are dated 2000. When you first entered into the agreement - where these provided to you at the same time ! This was one of these pre agreed cards where you posted that form back. Were there any t&cs included.. bit daft to have them on the back of the page if they were then going to be returned to the company ?

Were you provided with any other terms and conditions within your s78 request ?

So it looks like they might not have complied with the s78 request and you have a dubious Default notice.

I will ask others on the site team how this information could be used. They might not see my S.O.S until tomorrow.

Another thing that is a bit odd - you say in one of your earlier posts that you do not own property or other assets. Do you have other debts that would be classed as priority ? If so, I cant see the point in a Stat Demand as Lowells would surely not receive anything ?

Old Cogger · October 28, 2013

Contents of this Part

Title Number

I SCOPE OF THIS PART AND INTERPRETATION

Part 6 rules about service apply generally Rule 6.1

Interpretation Rule 6.2

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA

Methods of service Rule 6.3

Who is to serve the claim form Rule 6.4

Personal service Rule 6.5

Where to serve the claim form – general provisions Rule 6.6

Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state Rule 6.7

Service of the claim form where before service the defendant gives an address at which the defendant may be served Rule 6.8

Service of the claim form where the defendant does not give an address at which the defendant may be served Rule 6.9

Service of the claim form in proceedings against the Crown Rule 6.10

Service of the claim form by contractually agreed method Rule 6.11

Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction Rule 6.12

Service of the claim form on children and protected parties Rule 6.13

Deemed service Rule 6.14

Service of the claim form by an alternative method or at an alternative place Rule 6.15

Power of court to dispense with service of the claim form Rule 6.16

Notice and certificate of service relating to the claim form Rule 6.17

Notification of outcome of postal service by the court Rule 6.18

Notice of non-service by bailiff Rule 6.19

III SERVICE OF DOCUMENTS OTHER THAN THE CLAIM FORM IN THE UNITED KINGDOM OR IN SPECIFIED

CIRCUMSTANCES WITHIN THE EEA

Methods of service Rule 6.20

Who is to serve Rule 6.21

Personal service Rule 6.22

Address for service to be given after proceedings are started Rule 6.23

Change of address for service Rule 6.24

Service on children and protected parties Rule 6.25

Deemed Service Rule 6.26

Service by an alternative method or at an alternative place Rule 6.27

Power to dispense with service Rule 6.28

Certificate of service Rule 6.29

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION

Scope of this Section Rule 6.30

Interpretation Rule 6.31

Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland Rule 6.32

Service of the claim form where the permission of the court is not required – out of the United Kingdom Rule 6.33

Notice of statement of grounds where the permission of the court is not required for service Rule 6.34

Period for responding to the claim form where permission was not required for service Rule 6.35

Service of the claim form where the permission of the court is required Rule 6.36

Application for permission to serve the claim form out of the jurisdiction Rule 6.37

Service of documents other than the claim form – permission Rule 6.38

Service of application notice on a non-party to the proceedings Rule 6.39

Methods of service – general provisions Rule 6.40

Service in accordance with the Service Regulation Rule 6.41

Service through foreign governments, judicial authorities and British Consular authorities Rule 6.42

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities Rule 6.43

Service of claim form or other document on a State Rule 6.44

Translation of claim form or other document Rule 6.45

Undertaking to be responsible for expenses Rule 6.46

Proof of service before obtaining judgment Rule 6.47

V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS

Scope of this Section Rule 6.48

Interpretation Rule 6.49

Request for service Rule 6.50

Method of service Rule 6.51

After service Rule 6.52

Old Cogger · October 28, 2013