Shop direct/lowell sd threat

[AndyOrch]

We accept your point Gany...but lets move on....

 

Regards

 

Andy

[Ganymede]

We accept your point Gany...but lets move on....

 

Regards

 

Andy

 

I was going somewhere with it.

 

If the OP is considering a set aside or appeal etc then this is something he'll need to explain to the Court.

[Guest]

..Any thoughts guys on where to go from here...

sunderland

if going to appeal, note any time limits. and potential costs.

as Ganymede mentions, poss set aside app'n?

another option cld be a Time Order, if paying.

or settlement.

also, maybe a formal complaint to it re their misleading statement re withdrawal? etc

ps, insolvency rules say that J shld give a note re any subsequent petition. is that in the order/decision?

[SUNDERLAND1]

Hi guys update time.

 

 

I recieved a letter from BW Legal in July 2014, about a month after my stat demand set-a-side hearing.

The letter is the usual stuff demanding payment to their client etc.

It threatens county court action but does not state in what form.

Again this letter states that after reviewing the matter with their client a decision has been made to withdraw the stat demand.

 

 

Seems funny to include this sentence again seen as some 4 weeks earlier i had my set-a-side dismissed

so in effect BW Legal/Lowell had won that part of the battle ???

 

 

Nothing heard since until this morning,

another letter from BW.

In bold below the date it states "without prejudice"

It then asks me to fill in the enclosed income and expenditure form with a repayment proposal.

 

 

It also has enclosed a statement of the account and notice of assignment both of which i have had copies of before.

 

 

Just to remind you folks lowell are still in breach of my CCA request from January 2014.

The last sentence in the letter reads

"If we do not receive a response from you by 4pm on or before 28 May 2015,

we will make the appropriate application to court without any further notice to you."

 

 

Any thoughts guys especially on that last sentence in their letter ???

 

 

Thanks

[AndyOrch]

"If we do not receive a response from you by 4pm on or before 28 May 2015, we will make the appropriate application to court without any further notice to you."

Providing we find the agreement in time.

[SUNDERLAND1]

Those were my thoughts as well andy lol. Quick question andy, does everything that has gone on here eg stat demand served, set-a-side application and subsequent dismissal of the application reset the statute barred clock ??? Thanks.

[AndyOrch]

Stat Demand have no bearing on the Statute of Limitation periods.

[SUNDERLAND1]

In that case andy I

 

 

believe that the last payment to this account was made in october 2008.

 

 

However the statement of account that BW/Lowell have provided shows payments made upto march 2009,

but i believe payments listed nov 08 to mar 09 are payments that were due but not paid,

 

 

but either way even if the last payment was march 09 surely this account is now statute barred ???

 

 

Another point to make is that the statement of account claims that the default date is 9/11/09 ???

 

 

Any thoughts andy barred or not barred lol ???

 

 

Thanks

[Guest]

so, they didnt petition following the granted SD. surprise

[SUNDERLAND1]

No ford not a mention of bankruptcy, in fact i have not had any correspondence which even mentions the fact that my set-a-side was dismissed and they had in effect won that part and were therefore free to petition for my bankruptcy. The 2 letters i have had from BW since the hearing are both worded as though a stat demand had never been issued and they are chasing a debt by " Normal means" eg threat of county court CCJ etc etc.

[Guest]

thats what i mean. they were 'told off' for using sd's as a collection method when they had no intention of petitioning for bank after. yet they still did it.

the petition poss re that sd has prob now 'expired'. now, the 'normal' collection threats.

remind, what have they so far produced re yr cca request?

[Guest]

seems then is re that

and poss bar

[SUNDERLAND1]

CCA request sent and received by lowell in january 2014. Letter received from BW April 2014, (After i had applied for set-a-side but before a hearing date had been allocated) the letter said it "Enclosed documents requested". Enclosed was one sheet of A4 paper with my name, DOB, an account number, an account opening date, a default date, current balance a summary of transactions in the last 6 years and a detailed summary of transactions from the last 3 years. So detailed that this all fitted one one side of an A4 sheet of paper. The letter closes by saying "We are still awaiting further documents from our client which we will forward to you upon receipt." Needless to say i assume they mean the agreement and needless to say again nothing has been forth coming.

[Guest]

did the transaction sheet show any payments in the last 6?

[SUNDERLAND1]

The transaction sheet goes back to 2006 but shows last payment on the account mid march 2009.

[Guest]

ok

note yr post #58

if then, as andy says, sd has no effect re limitation. then likely to be barred, from yr records as well as their march 09.

when they recorded a default has no bearing on actual limitation start imo. though it can be an indicator. depends when the breach was complained of, and its related terms, etc...

what was the nature of the last payment? token, re an agreement, or...

plus the cca request.

[SUNDERLAND1]

The last payment i made was just an ordinary months payment that was due, then i never paid again as the payment amount was getting too much for me. I never acknowledged the debt either after that last payment i ignored all phone calls and letters. As for the CCA request, the transaction sheet was all i got with a promise of more documents to follow once they had been in contact with the original lender. That was march 2014. Not a sniff of an agreement.