Have you submitted your 6.4 and 6.5 's ?? Remember to take the original stat demand with you as well, make sure you have copies of everything and stick to the 18 day deadline..ignore their letter they don't know the difference between their backside and their elbow

Whoops...you need to take in the original stat demand to court, so make sure you take lots of copies.....

If it was me in your shoes then I would be fighting this, you will find plenty of threads around these forums....send off CCA requests for EACH. Just remember that you will need forms 6.4 (set aside) and form 6.5 (witness statement) - you will find a good thread here and it does contain some useful links too - http://www.consumeractiongroup.co.uk/forum/showthread.php?387645-Cabot-issuing-statutory-demand-via-stewart-barnes-Aqua-Card-debt/page3&highlight=poppay You have got 18 days from the day the demand came into your hands in which to apply for a set aside

Have they responded to your repayment offer ? A SAR is the first thing to get off which goes directly to the loan company. Keep us posted.

You seem to be doing ok at the moment.....just make sure you know your stuff...

The next stage would be an appeal at the High Court, and this isn't something I would take on on my own....if you can locate a specialist solicitor who handles bankruptcies/insolvency then this may be a ray of hope....judges can vary wildly, and it seems you didn't get one who was a little more helpful towards your case. Judges like hard proof, and despite what you said about service (did your wife write a witness statement stating that she had never been given anything ?)

Was the default notice compliant ? And yes attach copies of any previous letters you have sent in the past to show this dispute. By all means add the PPI aspect too if you don't know. Leave your costs for the moment, you can submit those once you know you have a hearing, the costs don't have to be in the file until at least 24 hours before the hearing...

Forget about counterclaiming, unless you have a county court claim in submission then you will complicate things. Yes you do state it has been in dispute since (date) you need to attach any previous paperwork and make reference to it in the 6.5 Read the links above and you can see the style it is written in with references to high court cases (which a lower court should abide by). You just need to try and understand it. Non compliance with the CCA is a reason on it's own - which is confirmed in this High Court Case The claimant refers to the authority of Jones vs Link Financial - [2012] EWHC 2402 (QB) "This is not because he becomes under a contractual obligation to perform those duties, but rather because he cannot assert his rights under the regulated credit agreement without accepting the statutory obligation to perform duties under the 1974 Act relating to enforcement of those rights. " "I agree with Professor Guest that this would apply to the statutory duties under ss.77, 78 (duty to give information to the debtor), ss.76, 87, 98 (duty to serve enforcement, default and termination notices), s.97 (duty to supply settlement figure), s.103 (duty to provide termination statement)" "In my judgment the "duties" referred to in section 189 are therefore those statutory duties under the 1974 Act which the assignee has to perform in order to enforce his assigned rights. These duties have "passed by assignment" in the sense that it is by reason of the assignment that the assignee becomes obliged to fulfil them" Don't forget things like, does the agreement comply, PPI, default notice being compliant, does the interest rate tally up with what is written in the agreement ? penalty charges ? You need to be prepared to fight your corner and not be steamrollered, and of course it can sometimes depend on you getting a decent judge as some judges can vary wildly....just try and know your stuff

Please do spend some time reading around these forums, you will become more empowered after doing this and you will start feeling quite angry at the way you have been treated....whatever you do however you MUST report them to the OFT.

You need to take it in to your local court, one of the links I gave above gave instructions on filling out the 6.4, the 6.5 is your reasons to set aside. I think in amongst your 6.5 you should mention the fact that you wrote to them outlining that the alleged debt is in dispute and that they have failed to respond. If you need help with the 6.5 then do shout....there are some very relevant points in this defence here (this is a petition defence but still useable for a stat demand, there are of course some points in this that aren't relevant to your own case (statute barred for example). - http://www.consumeractiongroup.co.uk/forum/showthread.php?388479-Bankruptcy-Petition-and-BWLegal-HELP&highlight=bwlegal

Omar - There's Nothing Like This

You will need to tidy this up and just have a really good read and understand exactly what is being said......and despite the CSA changing their code of conduct recently (just to appease Lowells discrepancies) it was relevant and parts of it still remain aa treat debtors fairly and not subject debtors (or their authorised representatives) to aggressive practices, or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not a) Conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly. If you relate this to CPUTR2008 then I hope you will understand......and it is crucial you tell the OFT of this....

If it was me in your position at this stage then I would be doing this Relax as best as you can, you are amongst others who are/have been in similar positions Send a SAR to the original creditor - this will cost £10, but it could be £10 well spent, make sure you send it recorded delivery and enclose a postal order Send a CCA request immediately to Lowells and BW Legal enclose £1 postal order for each and again send recorded delivery They have stated that you need to file a 'statement' If it was me, then I would be filing either a witness statement or an affadavit I would be sending this Statement: Defendant Party: Statement: Exhibits: Date: CLAIM NO.XXXof XXX APPLICATION TO DISMISS THE BANKRUPTCY PETITION OF OF MR (name) _________________________________________________________ statement of MR (name) _________________________________________________________ I, Mr (name) of ………(address)……………………………… will say as follows:- The defendant avers that the debt is clearly statute barred, and despite a recent payment there is a clear gap of at least 6 years where no payment has been made. The defendnat avers that the use of the insolvency service in this way is frivolous I refer to the Office Of Fair Trading's guidelines on debt collection which clearly state Statute barred debt 3.14 This guidance applies to the pursuit of debt regardless of its age. This section seeks to address specific issues related to statute barreddebt and sets out what we consider may be unfair or improper practices, whether unlawful or not. It also sets out the differences between the law in England and Wales, Northern Ireland and Scotland. 3.15 The OFT position with regard to the recovery of statute barred debt is as follows b. Where businesses seek to recover statute barred debt in England, Wales or Northern Ireland, we consider that the following may be unfair or improper practices: pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period. For example, that the relevant limitation period has expired.The person seeking to recover the debt would effectively be relying on the debtor not knowing the relevant legal provisions. The claimant has failed to provide a copy of the agreement despite a legal request made under the Consumer Credit Act 1974 see attachment 1 (attachment 1will be your CCA requests along with your proof of postage) SECTION 78 (1) CONSUMER CREDIT ACT 1974 (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. The Consumer Credit Act in section 78(6) States that (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; The claimant refers to the authority of Jones vs Link Financial - [2012] EWHC 2402 (QB) "This is not because he becomes under a contractual obligation to perform those duties, but rather because he cannot assert his rights under the regulated credit agreement without accepting the statutory obligation to perform duties under the 1974 Act relating to enforcement of those rights. " "I agree with Professor Guest that this would apply to the statutory duties under ss.77, 78 (duty to give information to the debtor), ss.76, 87, 98 (duty to serve enforcement, default and termination notices), s.97 (duty to supply settlement figure), s.103 (duty to provide termination statement)" "In my judgment the "duties" referred to in section 189 are therefore those statutory duties under the 1974 Act which the assignee has to perform in order to enforce his assigned rights. These duties have "passed by assignment" in the sense that it is by reason of the assignment that the assignee becomes obliged to fulfil them" For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation…… The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6)) Citation 1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007. Interpretation 2. In this Order “the 2006 Act” means the Consumer Credit Act 2006. Commencement 3. — (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007. (2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007. Transitional Provisions 4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007. 5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in— (a) sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act; (b) section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and © section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act, in relation to agreements made before 6 April 2007. REFERENCE TO CASE LAW As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that: ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to First County Trusts's right to recover the total sum payable on redemption, which included the principal as well as interest[.’ SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40 THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT The claimant has failed to provide any copies of any valid default notices as required under the Consumer Credit Act. The claimant has failed to provide any deeds or notices of assignment. The claimant has failed to provide any statements for the duration of the agreement (as in Phoenix vs Kotecha) The defendant also refers to PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011) CA (Civ Div) (Thorpe LJ, Lloyd LJ, Patten LJ) 26/1/2011 A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6). "Interest rates were a term of central importance in credit card agreements. There was a strong case that the interest charges which would have been specified in the terms and conditions when B and K made the agreement in 1998 were those in the leaflet and not those which appeared in P's evidence. Under s.78(1), a creditor was required to set out the actual, original terms and conditions of the agreement at the time it was made. In those circumstances, P had not proved that that obligation was satisfied, and it was therefore not entitled to progress to enforce the debt against K under s.78(6)." DEFAULT NOTICE The Need for a Default notice Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been provided It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974 Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 The claimant has failed to provide any details of any potentially missold insurance that may have been added to the agreement. The defendant avers that some debts are made up entirely of charges and / or potentially missold personal protection insurance. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956]. The defendant also wishes to make known the statutes in the Consumer Protection From Unfair Trading Regulations 2008, and believes that the alleged creditor is in multiple breach of statute Offences relating to unfair commercial practices. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b). Which clearly state... Misleading actions 5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3). (3) A commercial practice satisfies the conditions of this paragraph if— (b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if— (i)the trader indicates in a commercial practice that he is bound by that code of conduct, Interpretation.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it; “trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade The defendant refers to the Code Of Conduct stated by the Credit Service Association of which Lowells are a member - The code of conduct clearly states Every member shall: a conduct its business in compliance with all relevant legislation, regulations, regulatory guidance and requirements and this Code of Practice v when an account is reasonably disputed or a complaint is received, suspend collection activity and investigate and where applicable refer the matter to their client aa treat debtors fairly and not subject debtors (or their authorised representatives) to aggressive practices, or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not a) Conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly. Office Of Fair Trading 3 UNFAIR OR IMPROPER BUSINESS PRACTICES e. When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information • a person being pursued for an incorrect amount. f. failing to ensure that an accurate and adequate history of the debt is passed between parties, as appropriate and necessary n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts Comply with this Code of Practice and follow any guidance notes issued by the Board of the AssociationPublished by the Office of Fair Trading In light of the above evidence, the defendant gracefully requests the Judge dismisses the demand and orders the claimant to pay my full costs + compensation (either in the standard or in the indemnity) in light of the distress and upset this has caused myself and my family. In support of this I quote – Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collectionwhere there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner). Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner). I believe the facts herewith in this form are true. I believe that the facts stated in this witness statement are true. SIGNED ……………………………………….. MR (name) Dated ………………………………………..

If there is a clear gap where you have not made a payment for at least 6 years then you need to start finding your strength and standing up in front of a judge and this company. Please also report this to the OFT, drop them an email - Polly.Ashford@oft.gsi.gov .uk (without the space) Have you filled out your petition 6.19 and sent it in already ? (It has to be in the courts with a copy going to the claimant at least 7 days before the petition hearing) You should have also made some references to some High Court cases - you will see these in some of the other threads. There are a number of threads you should be able to find by typing in BWLegal or Lowells in the search box. and you should also look in here, what a pity you paid them that amount, if you had known about these forums sooner, then your attitude would have changed considerably - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

In which case you need to apply to set aside, remember your 6.4 and 6.5 need to be in the courts within 18 days of your receiving the demand. Please have a look here as it gives clear instructions, - http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand&highlight=bwlegal and this one too - http://www.consumeractiongroup.co.uk/forum/showthread.php?381778-LOwell-Statutory-Demand-old-Egg-debt&highlight=bwlegal If you aren't sure what to do then please shout....

If you are sure that the agreement has glaring errors (i.e. errors on it that are obvious to you and you feel you can stand up in court and explain that what they have sent is an attempt at fraud on their part to pass of this as your 'agreement') then get them to bring on the stat demand for you to set aside and claim your costs, either way you should inform the OFT, as they have been told off about their use of stat demands before - http://www.oft.gov.uk/news-and-updates/press/2009/20-09#.UWmf4MqwV_s

I suggest a SAR to BOS pretty sharpish....If you read the thread above you will see some pretty spooky similarities

Have a read of this, you may find this quite interesting - http://www.consumeractiongroup.co.uk/forum/showthread.php?379826-SD-received-CAI-1st-Credit-Connaughts-re-BOS-Credit-Card-debt&highlight=1st+credit

M - Pop Muzik

Do you know if there was any PPI on the card ?

RMS please do have a read of this thread.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand&highlight=bwlegal And this one too - http://www.consumeractiongroup.co.uk/forum/showthread.php?381778-LOwell-Statutory-Demand-old-Egg-debt&highlight=bwlegal Do they have a CCJ for the debt they are applying the demand for ? or does another company have the CCJ ?

Was the CCA they sent you ok ? or was it just a 'pre-contract' ?

Firstly you must send an email to BWLegal stating the following Dear Sir / Madam I am in receipt of your statutory demand which came into my possession on (XXXXXX) I am absolutely staggered to receive this demand as it has been in serious dispute since (xxxx) It seems evident that no history has been passed on to yourselves or Lowells which is in clear breach of the OFT's guidelines on debt collection, and a clear breach of the Consumer Protection From Unfair Trading Regulations 2008. Section 3.7 of the OFT's guidelines make it quite clear f.failing to ensure that an accurate and adequate history of the debt is passed between parties, as appropriate and necessary Although I will not litigate via email I will make it completely clear to you that I will be setting this aside at my local court, and for the record when the issue of costs arises, I will be producing this documentation and previous documentation from the last 4 years. If I do not hear from your company stating that you will NOT be progressing this demand IN WRITING WITHIN 7 DAYS then I will apply to set this aside at my nearest court. I trust this makes my position completely clear Yours faithfully

In cases like this the emphasis goes back to the creditor with applied pressure as to why they were so tardy in attempting to enforce it within 6 years, As examples, If you had falsified your death, or changed your name by deed poll then a court probably would be allowed to progress...I haven't seen any cases on here where a CCJ has been allowed to progress after 6 years of non payment.

This makes interesting reading...1st Credit send you a reconstituted agreement, BOS cannot even find your account, with the results of that SAR and providing you show a judge what you have received explaining that you have fully complied... then a judge will pretty rapidly throw out any claim, this is one reason why a SAR is so important especially so in stat demand / bankruptcy cases. I wonder if they (1st Credit) have simply taken a guess at what your agreement might look like and simply added the name and address, maybe they have a nice big filing system full of old agreements ?? In any event if it was me in your shoes I would be doing the following: Dropping an email to 1st Credit stating that the results of a SAR have found that they do not have any kind of record of your wife's account, and can they explain where they got the agreement from, outlining that it could be any persons agreement and have they simply added your wife's name and address in an attempt to comply ? (I suggest you also email the ICO, they would be interested in this use of your wife's name and address). At worst it could be attempted fraud. Email the OFT too outlining 1st Credit's use of a stat demand and their response to provide your agreement and more interestingly the response to your SAR.