LLoyds Bank Account, CCJ and Reclaiming Charges/Fees

[L1882]

Evening all,

 

I'm looking for advise on a statutory demand.

 

 

Today I have had a letter through the door saying they have tried to serve a sta demand and will return on the 3rd Of October to attempt again,

saying if I'm not in (which I won't be because I will be at work) they will post it and class this as served. Now I'm not sure what I should do next.

 

I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit.

 

what should I do about the stat demand,

[renegadeimp]

Who is trying to give you the stat demand?

[L1882]

It is Lowell via a company called BW Legal, company serving appears to be P&A Receivables Services - the original debt was (I think ) Bank OF Scotland - the debts have moved around so often through DCA's that I've lost track a bit of who was the original creditor

[renegadeimp]

So owell are up to their tricks again Rushing through with a stat demand before you can find out the true facts about the debt.

[L1882]

Evening all

 

I am in need of some advice on how to respond to stat demand.

 

This evening I have come home to a letter through the door, hand delivered which says they have been directed to serve a statutory demand and that they have tried wice today but not been able to meet me. They say they will return on the 3rd of OCtober and if I'm not in, I'll be at work so won't be in, they will post it consider this to be served.

 

The debt in question is one bought by lowel which has been in default since mid 2009.

 

I'm not sure what I should do now. I am now working and could make a minimal offer of payment if this will stop any bankruptcy but is this the best thing to do?

 

Any and all advice gratefully accepted.

 

Thanks for reading.

[L1882]

Is that their normal method?

[dx100uk]

on the SD

typical route/names

 

there are lots of threads regarding lowells and SD'd in the this

 

get an sar off to the Original creditor tomorrow by recorded delivery

you need all the statements from year dot ASAP.

 

dx

[unclebulgaria67]

Is that their normal method?

 

The statutory demand will contain all the details of what is owed and you can obviously ask BW Legal to clarify any information, before you agreed to any repayments. If you have any assets e.g a house, then you would probably be best to agree affordable repayments, rather than take any risk with bankruptcy, as the costs would then be massive, with the potential of your house being sold to pay the debt plus costs.

[L1882]

Obviously I want to avoid the bankruptcy but though I 'own' a house it is only half mine as it has both mine and my ex wifes name on the it and furthermore it is worthless - in that we are in negative equity so selling it wouldn't be in anybodies interest to be honest.

 

I'm going to make them work but will ultimately propose a payment plan once more to all the creditors on a pro rata basis once I know what element of the debts are actually fees and interest - which for quite a few is well over 50%

[L1882]

Hi All, a quick question on this, the Stat Demand list 2 separate debts, is that ok to combine 2 on one demand?

[dx100uk]

hope they are both covered by the consumer credit act

 

dx

[fletch70]

I do not know much about SD's so can't offer advice but did you ever send off a CCA request?

[L1882]

Hi All

 

Sorry it's taken a while to update on this, been offline for a little while.

 

In the end they simply accepted my offer of payment - an offer that had previously been made to various holders of the debt over the last few years!

 

Thanks for all the help - this site is an absolute god send and I wish I could do more to help!

[dx100uk]

did you question the legality of these debts?

 

dx

[L1882]

Evening All (again)

 

 

I was issued with an SD from BW Legal for Lowells and due to timings felt I had to enter into an agreement with them. I'm now wondering whether I can still challenge this or has entering the agreement effectively ended those avenues?

 

 

One of the accounts was a Lloyds bank account which they'd added about 1400 of charges to and I'm somewhat annoyed I never challenged this.

[AndyOrch]

Yes you can send a section 77/78 request for a copy of the agreements...on all the accounts in question...except current account overdrafts.

 

Andy

[L1882]

Thanks Andy - I will CCA them for the unsecured loan and SAR Lloyds for the account details

[Bazooka Boo]

Lowlifes issuing SD'd as a tool for debt collection, who'd have thought eh!!

Report them to the FCA.

[AndyOrch]

Makes interesting reading....

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?409959-Dodgy-halifax-CCA-from-Lowells-now-SD-***Set-a-Side-amp-2k-Costs-awarded***/page8

[Bazooka Boo]

Makes interesting reading....

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?409959-Dodgy-halifax-CCA-from-Lowells-now-SD-***Set-a-Side-amp-2k-Costs-awarded***/page8

 

I did read that and it does make for interesting reading!

[L1882]

Not sure I understood all that but does make me wish I'd had the courage to take the b******s on - just had to much on the line, if I'd lost it would have been my job and possibly home gone (I'm a company director - not as grand as it sounds but it's a job - so would have lost it)

[AndyOrch]

Simply put them to proof as in the above thread and you too could end up with costs.

[L1882]

Just a quick post.

 

Thankfully a while back I picked up the link to Noodle for free access to my credit report.

 

Went to check it the other day - something I do frequently but not often enough!

- only to see one of my debts had increased by over £500.00!

 

I call the debt holder (Lowell) who don't know why charges have been added

but were at least able to tell me what the charges were (interest plus some other legal fees?)

but I'd need to speak to BW Legal who were dealing with it.

 

I call BW who confirm it was (in the main) interest being added.

Now I asked them whether it was legal or indeed moral to add charges on an account

where it was clear the person was in debt trouble and, as relevant,

if they weren't the debt owners why on earth were they adding charges.

 

The long and short is they have apologised and said it was an 'error' (yeah sure it was) and are refunding

- though I'll end up going back over the fee's I suspect.

 

This is another issue with using the SD route

- with a CCJ they at least have to stop all interest, with a payment arrangement like this it appears they are free to add interest.

 

I know most on here will already do this but if you are new to this game - get access to your credit report and check it monthly!

[oleg]

You shouldn't be discussing with either of those outfits and certainly not using words they don't understand , eg moral. Keep things in writing as you need a paper trail.

 

It seems you're being threatened with a S D. If so , why not post up details for others to comment?

[dx100uk]

you have a very unhealthy habit looking most of your threads

of immediately picking up the phone and getting fleeced by these people

 

why do you keep doing it

having been advise numerous times not too?

 

how are your debts going?

still blindly paying those SD's you didn't? challenge still?

 

dx