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Statutory demand from Lowell


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Hi and welcome to CAG

 

I have moved your post to one of its own to ensure help is available

 

Can you give a few details of the debt in question

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Hi,

 

I have been working a new job abroad for a few months and

 

have returned to the UK with some frightening letters in the post.

 

Regarding a HBOS credit card that has been defaulted, due to unemployment.

 

The first letter dated 24th sept 2013 from BW

to say they have been instructed by Llowell in respect of the debt.

 

'With this letter, you will have been served with a Statutory Demand by our process server'

This is a single page letter with the SD attached.

 

The second letter dated 7th October was hand delivered and posted first line says

 

I have been directed to serve you with a SD issued under the insolvency act 1986 on behalf of the creditor.

 

It also says that they will attend my home on the 14th October to serve me

and if I cannot meet them or keep any appt they will serve me by posting in my letterbox.

 

The third letter dated 25th October 2013 says that I was served

and if they do not have a response by 4th nov 2013 they will send bankruptcy petition to court.

 

Forth letter 2nd Nov 2013, as they have not heard anything they will send petition to local court.

 

Fifth letter 29th Nov 2013, despite previous attempt to resolve.

A decision has been taken to withdraw the SD and issue proceedings.

Unless the full amount is received within 14 days.

 

I arrived home on Thursday and have waded through my post...

I have not contacted anyone or replied.

 

Can anyone advise what I can/should do from here.

 

Thank you

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That is unusual for Lowell. They usually petition for bankruptcy after an SD has been ignored (or not seen in your case)

 

Do you own your own property?

 

A decision has been taken to withdraw the SD and issue proceedings. Unless the full amount is received within 14 days.

 

Another unusual statement from them. they tend to imply they will start action but not in such a clear way.

 

Now, when was the card taken out?

 

Do you know if there are any charges that could be reclaimed?

 

How much is the debt? (approx)

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The 14 day deadline B W set has passed but you have not heard from the court.

I would therefore take it as nothing more than a nasty threat,

like the shameful S D shenanigans, and do nothing for now.

 

If you do subsequently receive court papers we can help you deal with them.

 

Do you own a property?

 

What date did you last paY or, if later, make written acknowledgment of the debt and was it to the O C or Lowell?

 

If you are resident abroad you MUST inform creditors .

 

This will prevent them from being able to obtain a CCJ or bankruptcy behind your back .

 

(Sorry s f I was writing unaware you had meanwhile posted.)

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Yes I own my own property, and there is a little equity.

 

I have only by the skin of my teeth been able to hang on to it after 6 months arrears in mortgage payments

which have now been cleared.

 

I cant remember much about the card, they say that it was defaulted on 2nd feb 2010 for the sum £7555.46.

 

I am very worried as I will not be able to find somewhere else to live and keep my new job, which entails a lot if travel.

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nothing

they've done nothing either.

 

is this on your credit file?

 

see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They may issue a claim instead as per their threat...but time will tell.

 

 

Regards

 

 

Andy

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If it was me in your position then I would be ready just in case they decide to reinstate it - I would be sending a SAR to the original creditor in the the first place - when was the last time you made any payment towards this particular debt ? any chance it may possibly be statute barred ?

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