BW /lowelll - SD coming - cap1 card debt

[Constantly troubled]

Have just received a letter through the post today from BW Legal stating that they have tried to call at the house on 2 occasions

(both times I was here and no-one knocked at the door)

and that they will call again on 4th December to issue a Statutory Demand and will post it if we don't keep the appointment.

 

Firstly,

I have never heard from this Company before and other than there reference number,

it doesn't tell me who the debt is for?

 

 

There is a telephone number,

should I call it to find out?

 

 

Can I try to agree a repayment plan?

 

 

I'm scared witless that I will suddenly lose everything when I thought I was starting to get back on my feet......

 

If anyone can help me, advice is greatly appreciated.

[Desperate Daniella]

Hi there,

 

I would normally say that you shouldn't talk to debt collectors, but there isn't too much time bearing in mind the weekend.

 

Is there an email address on the letter? You could try emailing if there is.

 

If not, I think you may have to call them because even with recorded/signed post it often does take more than a day to be delivered and you may not be able to check online for the signature before the 4th.

 

DD

[Constantly troubled]

Have just figured out which debt it is and it's one, to be honest, that I've ignored.

 

 

Have had the usual letters from them but it's been passed from pillar to post so I assumed it would keep doing so.

 

 

The debt is 5yrs old so not yet SB.

 

 

Can I contact them to agree a payment plan?

 

 

Will they accept at this late stage?

[Desperate Daniella]

They might do.

 

Is it a debt you have challenged in the past?

 

Who are BW Legal acting for?

[Desperate Daniella]

Also, how much is it for?

[Constantly troubled]

They're acting for Lowell and I may have way back when my head was a mess but I can't remember

[Constantly troubled]

£2400

[unclebulgaria67]

Have just figured out which debt it is and it's one, to be honest, that I've ignored. Have had the usual letters from them but it's been passed from pillar to post so I assumed it would keep doing so. The debt is 5yrs old so not yet SB. Can I contact them to agree a payment plan? Will they accept at this late stage?

 

Send an urgent CCA request to Lowell by recorded delivery and see if they can provide it. This is presuming the debt is covered by the CCA. Would not be relevant to an overdawn bank account.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974&p=4384118#post4384118

 

Did you ever raise any dispute with the original creditor or debt collectors about this debt ? Any PPI or excess charges to claim back ?

 

The problem with not setting aside a statutory demand, is that at any time you miss a payment, Lowell could proceed with bankruptcy provided the debt was still over £750. BW Legal or whoever is dealing with this at the moment, will want the debt to be paid off in a period of less than 24 months, going by what has been said on here previously. So if you want to look at a repayment arrangement, this would need to be negotiated. Personally I would suggest that the CCA is sent off now and see what you get back. You have 18 days from the date the statutory demand is received, to apply for the set aside.

[dx100uk]

what is the debt all about?

 

 

dx

[Constantly troubled]

It's a CC debt with Capital One. If I offered a payment of 100 pcm to clear the debt, would that stop them serving the SD? My credit file will be almost repaired in the next 18 months and I don't want to do anything now to jeopardise that

[Desperate Daniella]

When did you open the account?

[Constantly troubled]

April 2005, does that make a difference?

[Desperate Daniella]

It may do. We'd need to see it, so do get the CCA request off today.

 

The ones from the very early 2000s aren't enforceable. It depends when Capital One actually changed the wording of their agreements.

 

However as it's 2005 they would need to produce the agreement to enforce if they went through the County Court and this is why SDs are currently their favourite form of trying to get the money.

[Constantly troubled]

Is an SD shown on my credit file even if it's set aside?

[unclebulgaria67]

April 2005, does that make a difference?

 

Yes for account taken out pre April 2007, creditors need the original CCA, if this is requested by the defendant in court. So it makes sense to send Lowells a CCA request urgently by recorded delivery.

 

There appears to be an assumption in your posts that the statutory demand has something to do with the courts when issued. This is not the case. It is simply a letter issued by your creditors, which if you don't deal with within 21 days, they can provide it to the court, along with a bankruptcy petition. Normally going by reports, it can be many months after the SD is issued that any attempt is made to use bankrupty. You don't need to enter into a payment arrangement as soon as the threat of a SD being issued is made. You have a chance to set aside the SD if you wanted to try this.

[Desperate Daniella]

Also send a copy of your CCA request letter to BW Legal saying that you trust that they will not be issuing a Statutory Demand before you receive a response to your CCA request.

 

They may or may not do this, but if they do proceed it makes them appear unreasonable if they serve it while you are waiting for information you are legally entitled to. Send that RD too.

[unclebulgaria67]

Is an SD shown on my credit file even if it's set aside?

 

The SD is purely a letter from your creditors. Has not touched a court and appear nowhere. It can be used later, if the creditors wanted to proceed with bankruptcy, hence importance to set aside if you can. To set aside the SD, does not require you to pay any fee to the court.

[Constantly troubled]

Ok, please no shouting at me but I was really worried.

 

 

Have rung BW and in a nutshell:

I offered them a payment of £100 pcm but they said I need to provide an official I&E account before they will consider such a proposal.

 

 

They also said it's related to 2 debts..

..an old Vodafone account.

 

 

Now I haven't received a letter about this for quite some time and I certainly never signed a credit agreement.

 

 

It's only for £224. Now.....

 

 

....if I send off the CCA to Lowell and they can and do provide it, is it likely to **** BW off

so they don't accept my payment proposal?

 

 

Could they then pursue through the courts and take my house off me?

 

 

I believe there is enough capital in my house to cover anything I owe.

 

 

If I do send the CCA and it doesn't come back before the 18 days has expired,

what would I do?

 

Part of me thinks I should just try to set up the payment and ensure I can make payments so I can sleep easy between now and xmas!

[unclebulgaria67]

CCA is not relevant to a mobile phone account, but would apply to a credit card.

 

Lowell/BW Legal have done what they have done to others. Group several debts together to look to make someone bankrupt.

 

Up to you what you do.

 

1) Send the CCA request. Look to set aside the statutory demand

 

or

 

2) Send a payment to BW Legal, with offer for further payments, with some basic income and expense details.

[EDIT REMOVED]

[Desperate Daniella]

There are also some people on this forum who deal with set asides too though obviously it's self help. There are lots of Lowell/SD threads. Why don't you have a look at some before deciding what to do.

[Constantly troubled]

Ok, another dilemma I have (am just checking) I think the last payment I made on this account was Jan 2008 and if that's true, it would be close to SB date. However, by speaking to them, have I started the SB clock ticking again

[dx100uk]

nope phonecalls do not count

 

 

dx

[mjt2013]

If the last payment was Jan 2008 it wouldn't be SB anyway until Jan 14. Am I missing something?

[dx100uk]

SD for 2 debts!!

 

 

I think you need to get lee at Vodafone onboard here and confirm this voda debt.

 

 

dx

[Constantly troubled]

SD for 2 debts!!

 

 

I think you need to get lee at Vodafone onboard here and confirm this voda debt.

 

 

dx

 

Is this a person?