lowell /BWclaimform Blackhorse Loan AND Monument Credit Card 'debts'

[hesanmp]

i have received a letter through the door

indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc.

 

it reads

 

'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor.

 

unfortunately on the letter it does not give any further details.

 

all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!!

 

what should i do???

[unclebulgaria67]

Are you currently dealing with any debt, where they have threatened bankruptcy during recent months ?

 

If so, what is the current position? CCA request ? When did you last make any payment ? Reasons for dispute ?

[hesanmp]

hi, not currently dealing with any debt, i have constant reminders through from lowells regarding debts to lloyds, co-op and compucredit but i have not contacted them

[unclebulgaria67]

hi, not currently dealing with any debt, i have constant reminders through from lowells regarding debts to lloyds, co-op and compucredit but i have not contacted them

 

I suspect it is Lowells, as P&A are based in Bradford, so close to Leeds where Lowells are based. Normally they use BW Legal, but perhaps they are issuing so many SD's that they cannot cope with the volume.

 

What are these debts to the companies you mention that Lowells are dealing with ? e.g credit card, bank o/draft.

 

If you have no other debts personal or business, then I am presuming that it is Lowell. If any of these debts would have a CCA, you need to get a CCA request into Lowell, before the SD is served. Then if they can't supply the CCA, you can use this as a reason to set aside the SD. You may also want to SAR the original creditors for all the info they hold. Perhaps charges and PPI you can claim back or other dispute that can be raised.

[sillygirl1234]

Hi there, it will be Lowell/BW legal as it was P&A Recievings who delivered my SD

[hesanmp]

thanks for that. the only reference on the letter is in fact a BW legal reference number. there are 3 accounts being dealt with by lowells, should i send a CCA for all three and a SAR for all three as well.

 

cheers

[unclebulgaria67]

thanks for that. the only reference on the letter is in fact a BW legal reference number. there are 3 accounts being dealt with by lowells, should i send a CCA for all three and a SAR for all three as well.

 

cheers

 

Yes that would be wise. Lowells may have combined the debts when looking at bankruptcy.

[hesanmp]

thanks for that.

 

is there a template for the cca and sar request, secondly what if i don't know the original account numbers for the various accounts. all i have at the moment is the lowell references

[unclebulgaria67]

thanks for that.

 

is there a template for the cca and sar request, secondly what if i don't know the original account numbers for the various accounts. all i have at the moment is the lowell references

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

SAR click on the word SAR

 

CCA request to Lowells just need to show Lowells reference and the original creditor involved.

 

SAR to original creditors, just need to include the name & address & date of birth held for the account. WIth these details, they should be able to find them.

[DonkeyB]

Another Lowell SD... what a surprise.

[unclebulgaria67]

Another Lowell SD... what a surprise.

 

I expect that CAG only sees a small percentage of these. How many people actually look to challenge ? Not many, as I expect most people for fear of being made bankrupt, will enter into a repayment arrangment and in some cases the debts will be statute barred or the debt amounts are wrong etc.

[Guest]

quite right, lowells last published accounts show a profit! up from the year before?

Edited January 30, 2013 by Ford

[hesanmp]

hi i will send off for the cca's and sar's.

 

what happens if they post the sd through the letterbox, is that still deemed served?

 

how long do i have before it goes to court?

 

i understnd if they do not send through the cca i can apply to set the sd aside, but in the mean time will lowells get in touch to arrange a payment arrangement?

[unclebulgaria67]

You have 18 days from the date you have the SD to set aside. ( they can put it through the letterbox, as the server will record having done so)

 

Asking for the set aside does not mean a hearing, if you have given solid reasons for it. Lowells may ask for one, if they contest. If there is a hearing, from what I have seen on here, they are usually within a couple of months.

 

No Lowells will probably not contact you about a payment arrangement, unless you contact them or BW Legal asking for it. Just because an SD is served, does not actually mean that they would continue to issue a bankrutpcy petition. I suspect that they don't follow through in all cases. But you should get the SD set aside, as if you don't then you are at risk of being made bankrupt, if they chose to do so.

[hesanmp]

hi so if i send through the cca request by recorded delivery tomorrow (30th) they have threatened to issue on the 1st. how long do they have to send through the original cca? can the court refuse to set aside the sd if lowells do not produce the cca?

[sillygirl1234]

Hi hesanmp, if you have the same P and A recievings process server i did he was very persistant (and very rude to other half )and came three times in all to serve me and on the third occasion I was in, he said he was only doing his job........looks like he must be very busy at the moment!!

[hesanmp]

apparently he's already been twice, we never answer the door!!!!!!

 

hi silly girl, what happened in your case with the sd?

[sillygirl1234]

Well It was a recent debt and I owed it so I rang Lowell who said it was nothing to do with them now and so I rang BW legal.... against advise from here, and we agreed a monthly repayment plan. I made my first payment straight away and recieved written confirmation of the payment plan. I am nearly 6 months into my repayments and will continue to pay this as the fear of bankrupcy is what they have over you and its not nice to say the least. Thats just my own circumstances and everyones on here are different and you need to do what you need to do......

 

It might be the same Process server

[unclebulgaria67]

hi so if i send through the cca request by recorded delivery tomorrow (30th) they have threatened to issue on the 1st. how long do they have to send through the original cca? can the court refuse to set aside the sd if lowells do not produce the cca?

 

They have 14 days to provide the CCA. They probably won't be able to do so, by the time you have to do the set aside, so you would do the set aside on the basis of a CCA request being outstanding, plus any other issues you can raise. Wait for the SD and see what it says.

[hesanmp]

cheers ub.... so is it best to wait for the sd and then request a cca? otherwise i could be asking for cca's for accounts which may not be being chased, i hope that makes sense??

[unclebulgaria67]

cheers ub.... so is it best to wait for the sd and then request a cca? otherwise i could be asking for cca's for accounts which may not be being chased, i hope that makes sense??

 

NO. Do the CCA NOW for all the debts Lowells are chasing. Reason being is that judges are not allowing set asides for CCA not be provided, when the CCA request was made after the SD was served.

 

For the set aside forms you will need to complete, you will have to wait for the SD, so you are able to complete them properly.

[hesanmp]

is it £1.00 for each cca?

[unclebulgaria67]

is it £1.00 for each cca?

 

Yes unfortunately. Though cheaper than bankruptcy if it helps get the SD set aside.

[hesanmp]

i wasn't worried about the £!!! is the fact i have requested the cca prior to the sd being issued (albeit by a day or so) a guarantee that the sd had to be set aside by the court?

[unclebulgaria67]

i wasn't worried about the £!!! is the fact i have requested the cca prior to the sd being issued (albeit by a day or so) a guarantee that the sd had to be set aside by the court?

 

No guarantee, but all court decisions are subject to judge lottery. It is just that a number of cases have been reported on here, where judges have refused the set aside, as the CCA request failure used in the set aside, was made after the SD was served. I think actually the judge in one case commented, that had the CCA been made just before the SD was served, the set aside would have been allowed.