Hello Crikey I need help with this one. Lowells filed for bankrupcty petition on LLoydsTSB bank account. Last I heard from LloydsTSB was in 2009 until Oct 5th when I was served this notice. I am not sure what to do now and would really appreciated some help with this. The date on the letter I recieved is Sept 20th 2013 and I was served 5th October. I have received no assignemnt of from Lloyds and its an overdraft which they increased without my consent whether verbal or otherwise. Please help me

I have relatively no experience with dealing with these type of affairs so i would like to humbly ask those with more experience to check if I'm doing this correctly. I received a Statutory demand from BW legal, which was served personally by a woman who came to my door, explaining that she didnt know what was in the envelope that she gave me. It turned out to be a statutory demand. Following the advice on this forum, i went to my local court yesterday and submitted an application to have the demand set aside. I am now waiting for the court to contact me. In 2012, i submitted a CCA letter and a £1 to Westcot Credit services asking for all the documentation, they replied stating that the £1 be made payable to the creditor HBOS. I subsequently replied with another £1 made payable to HBOS. No reply was received so i sent a reminder. 2 months later i wrote again by recorded and sign for mail, this time stating a CCA non compliance letter. I heard nothing after that. This year in June 2013 it appears that Lowells Portfolio 1 and BW legal (who i think are the same company) have purchased the alleged debt from HBOS, which i believe is not allowed as the debt was in dispute? I have applied to the court to set aside the statutory demand and given copies of all the correspondence given to the original creditor HBOS and their DCA Westcot. Have i done everything right and is there anything else that i need to do? My apologies for coming across as a noob, but the truth is I am

I should start by saying that I have read various threads on this subject and have a fair idea about what to do and I am not the least intimidated about going to court etc. What I would like help with is specific language. Here are the details. There is an alleged debt to Lowells (originally Capital One) with a default date of 2006. I have made no admission or payments, so it is clearly Statute barred, and I have sent them two recorded letters to that effect (based on your templates) since they started to threaten me with a Statutory Demand. They also haven't sent me the CCA that I asked for ages ago, but they did confirm they would. Yesterday I was served with the Statutory Demand despite these facts. The SD contains a number of statements which, in my view, are enough to show that this is Statute Barred and I want to know how to refer to these in my submission. They make three points (I have only included the key statements):- "Defaut Date : 20 July 2006" "The Creditor made numerous written demands for repayment in respect of the Agreement, despite which the above sums remain unpaid". "The Debtor has breached its contractual payment obligations ...." It seems to me that, when I ask for this to set aside, I should be able to say something like "the creditor states in his SD that the debt is older than 6 years, it is a contract, and that I have made no payment since that date so it is Statute Barred". So:- 1. Can anyone help me with the language to say just that? 2. This seems to me to be so cut and dried that it might be simply set aside without a hearing. Is this right? If so how do I get my expenses for the work I have already done defending it? 3. I am a bit confused about whether I am obliged to attempt to contact the named person on the SD before this goes any further? If I do, is it worth making them an offer to drop it if they pay all my expenses to date? 4. I have read somewhere on this forum (but can't find it) that it may be possible to also ask for an injunction to stop them doing this again. Even if it is a long shot I would like to try, so any help with that? Obviously this is just them using the SD process to get people to pay, the SD even came with an enclosed letter (from the named person on the SD) telling me how terrible the bankruptcy process would be for me and asking me to pay them. This letter actually starts by telling me how the bankruptcy process will involve filling in lots of forms, from which I deduce that it is aimed at the more vulnerable person. This seems to me to be a textbook case of them using the SD process for debt collection and so what should I do about that? Any help most appreciated.

I received a statutory demand tonight for a debt I do not dispute but cannot afford to pay in full. I agreed a payment plan in May but then lost my job, I have been able to find another job which goes permanent next week. I have emailed the solicitors tonight to see if they will agree to the original payment plan. Do I need to write to the court, or fill certain forms out. The demand is dated 6th Sept but only received it tonight and it says I need to reply with 18 days, should I seek advice from a solicitor. any advice will be very welcome.

Please help.. [with ref to a thread of multiple debts here - http://www.consumeractiongroup.co.uk/forum/showthread.php?256212-Credit-Card-defaults-since-2005-now-got-SD!!&p=3412047#post3412047 ..been quiet for a long time and then out of the blue today a hand delivered letter a Statutory Demand.. ..it was taken to my daughters house.. ..apparently they have been sending letters there every week as she has the same initals as me. ...she has just ben binning them thinking they were junk mail but today the guy knocked their door and my son in law didn't know who the guy was but told him my address so he came here and hand delivered me a SD which gives 18 days to reply ....on looking at the date ...the date on letter is 12 Aug so that gives me till TOMORROW....what do I do?

Good evening one and all. My wife has received a Statutory Demand from Lowells. The letter was dated the 1st of August, it was hand delivered on the 19th of August, and it states that there is an 18 day time limit before bankruptcy proceeding are started. What laws have they broken? I have researched this as best as I can. The Insolvency Service document linked below states "...The person or company that receives the demand has 21 days to settle the debt or..." Also the OFT guidance for debt collectors has many examples of unfair practices but I haven't seen this dating fiddle mentioned. Can you point me to guidance / law that refers to this please? I want to get a letter in the post tomorrow morning if possible. http://webarchive.nationalarchives.gov.uk/+/http:/www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf Thanks. Mike.

Hi all, Hopefully someone will be able to help with our situation - I seem to be getting so much conflicting advice! Sorry this may turn out to be a long one... I currently live with my husband in a rented house. Our fixed term AST came to an end on 1st August, and as happens every year, the lettings agent pushed for us to renew the tenancy. As we are in the process of buying a house, we requested to move on to a periodic tenancy so we are not tied to a fixed term. After a bit of to-ing and fro-ing the LL agreed to this. All well and good, we thought - however, the agent still demanded a 'renewal' fee for us to move to a periodic tenancy under the same terms as our AST. This we reluctantly paid, which I now realise may have been a mistake. When we have rented before, after the fixed term came to an end, the contract automatically became Statutory Periodic, with us needing to give one rental period notice to leave. We assumed this would be the case with our current tenancy but, now that we are nearing exchange on the house we are buying, the letting agent now says we have to give 2 months notice, as per the terms of our AST. I gather from what I have read that if challenged they will argue that by agreeing to the 'renewal' of our tenancy, and paying the fee, that we have now entered into a Contractual Periodic Tenancy. We were hoping to exchange and complete on our house purchase in September, but if we are held to this 2 month notice period then the earliest we can leave this house is 1st November, meaning a very long crossover period which we would find very difficult to finance. So my question is, have we actually entered into a Contractual Periodic Tenancy? We have not signed anything to say we agreed to the terms the agent set out, nor have we had a new contract. It is just the fact that we paid the agent's fee that is niggling at me, otherwise I believe we have a strong argument for saying we now have a Statutory Periodic Tenancy, in which case we are able to give one month's notice, not two. If in fact we are in a contractual agreement, this is the clause in the original AST to which the agent are trying to hold us: 'Tenant's Break Clause: The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first Twelve Months by giving the Landlord not less than Two Months notice in writing to be sent by first class post or hand delivery to the address specified in the clause 1.1 of this Agreement, to end the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than the rent due date of month Ten and cannot expire any earlier than the last day of month Twelve. Such notice must expire at the end of a relevant period, being the day before the Rent normally falls due. Upon expiry of this notice this Agreement shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any rights and obligations under the Agreement apart from the right to a fixed term contract which is subject to this break clause.' Can this clause still apply now the fixed term has ended, given that we have not signed a new agreement? I have been referred to Section 5 of the Housing Act 1988, in particular clause 3e - but I'm not sure it applies in our situation: 3. The periodic tenancy referred to in subsection (2) above is one— (e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. Or, do we now not have a legal leg to stand on after paying the agent's fee? Do we just need to suck it up and either delay completion on the house or pay the agent's Early Release Fee of £558 (no I didn't miss a decimal point!) for them to remarket the property early? Any advice on the above would be very gratefully received from someone with a bit of legal know-how, or has come across this situation before. Sorry for the essay - well done if you're still reading! Many thanks in advance.

I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance.

Hi everyone, I could really do with getting some help. I've spent the best part of the last 24 hours reading various different threads on this forum about Statutory Demands and now my head is spinning, so thought it would be best to see if I could get some advise based on my exact situation. The SD was hand-delivered to my house yesterday. It relates to a loan that was apparantly held with HBOS PLC thatwasi took out about 7 years ago. The default date on the letter is January 2008 (apologies in advance as I left the document at home so don't have the exact dates but can get these later) but I am pretty confident that I would not have made a payment for about 6 months before the debt defaulted - I had my Daughter in March 2007, which is when my payment issues started. I don't have any paperwork relating to the inital debt and I have moved house 3 times since, if I ring HBOS would they be able to confirm information to me still or would I have to request this for through Lowells/BW Legal? I understand I need to contact Lowells to let them know that it's my intention to dispute their demand, what information do I need to put in there? Is it sufficient to say that I belive the last payment was made more than 6 years ago? Do I also need to send something to the court as well? Apologies if these questions have been asked on multiple occasions before, and thank you in advance for any help that you can provide me with.

Hello everyone, I am new here and thank you in advance for any help to get me through this nightmare. I built up a debt with IG Index back in 2008. This was built up through a spread betting account I held with them. I did pay a few payments of £50 or so back in 2009 as that is all I could afford. After that I heard nothing from them. On 12/06/2013 I received a letter from their solicitors saying that the balance of £10,712.89 is due immediately. They wanted payment within 7 days or they threatened immediate proceedings against myself. I wrote to them in reply and said I never had a credit account with IG Index so how could I owe them any money. I heard nothing back on that. Today the doorbell rang and I was served with a Statutory demand under section 268(1)(a). It looks like a bankruptcy petition. I am very frightened by this as I am a homeowner and also have 3 children and a wife living here. Also this order is for £10,712.89 + Interest £2,918.29. On the 12/06/2013 there was no interest and it was just mentioned as £10,712.89 and now they suddenly mention interest on this also. a) Can they serve me this notice just like this without asking me for income/liabilities or offer me a payment plan of some sort? b) Can I offer them that now? c) Should I just ask them for all the information I can (all my trade history etc.) under my rights of a "Subject access request" d) Have I got grounds to get this set aside? e) Can I really lose my house? f) What can I do. What should I do. Sorry for bombarding questions but I am so, so worried. I suffer from Crohn's disease which can trigger at anytime with stress and once it triggers its a severe downward spiral. This si why I cannot afford to pay them back any sort of realistic lump sum. I am more than happy to offer them what I can afford, but I cannot see that option here with this service of this notice. Please can anyone help / advise? Many thanks in advance.

Hi I am new and looking for some advice. My husband has been dealing with BW Legal over a car lease he had with RBS. Due to us being in quite some debt after H being out of work we have already received Debt Advise from Step Change and set out a plan to send to our outstanding creditors. For a period of time we were paying BW Legal £75 as agreed, they then sent us a letter saying that they wanted more from August. H replied saying it would rise to £125 and then £200, they replied asking for £500 pound and stating that it would take four years to pay the debt at £500. They also stated that they would be going for a SD for Bankruptcy if we didn't agree to the £500, as they could see that I could afford to pay more money to the mortgage and free up the £500 for H to pay them. Its not my debt, its totally in his name. H has since replied and informed them that it would be £125 for three months, then £250 for three months and then up to £500 till the debt was repaid, this would be two years not the four they are stating. They wont have received this letter yet, but this evening a gentleman tried to issue H with an SD, but as he is working away H had to phone him and agree to be served the document on Friday. The gentleman would not give me any details what so ever under the Data Protection Act, yet BW Legal expect me to free up money to pay H's debt to them. So you can imagine that makes me quite angry at the cheek of them. He also explained to H that this is only threat tactics to make us pay them more.. He was unusually a genuinely nice man bearing in mind his job choice. He has always kept to the agreement he has made with them, and has a plan in place to pay them more as other debts are cleared, I truly believe they have seen the plan and now just want me to pay the bill via H, total bullying tactics, they wont speak to me as otherwise I'd ask them how they would feel about me shooting the horse the bill is paying for, just to get their money but I really don't expect they would care. As we have stuck to our side of the payment plan, how they can suddenly change the plan and attempt bankruptcy proceedings, surely a judge would say they are doing what was agreed and you are just harassing them. Any help or advice would be greatly appreciated.

Hi i am a new user ,last month i received a statutory demand, i applied for it to be set aside. I have been given a court date for 22nd of august, I need help on how to get this set aside, this is from a french judgement, i lost the case in france, i never understood what even happened. But to cut a long story short we had a charge placed on our property in france. We found it dificult to sell and eventually they told us it would go to auction the amount on the valuation was stupid. We drastically cut the price and managed to find a buyer, they agreed to the sale. They have now come on to us and say there is a shortfall and interest and costs. They also say they have a european enforcement order, we have been given no details of this from England or France. Does anyone know if we would be given details from the court? the first thing we knew was the statutory demand landing on the doorstep, it was served by a bailiff but we were overseas at the time. Any help please.

Hello, Long story short version - Ex landlord will chase me to the end of the world for rent I don't actually owe him. He took me to court while I was out of the country, won and is now armed with a CCJ. I was going to fight the CCJ but it was going cost around 1,000gbp. We made a deal for 550gbp and he went away. However, several months later he's back and now wants the rest. I have not lived in the UK since May 2009. I've been out of the country for 4 years and 3 months. My ex landlord says he's issued an SD to my old address. . He sent me an email with the SD scanned. He's stated on the SD that I owe him 630gbp. I've read the insolvency act (part of) that indicates I need to owe 750gbp so he can make me bankrupt, However, I noticed this section: "“The bankruptcy level” is £750; but the Secretary of State may by order in a statutory instrument substitute any amount specified in the order for that amount or (as the case may be) for the amount which by virtue of such an order is for the time being the amount of the bankruptcy level." What does this mean:?: What chances does he have if he doesn't know my international address and he fails to demonstrate the debt meets the 750GBP condition?

I signed up to my local gym the other week however they use an external company to handle the monthly collections side of things. I signed up 8/7/2013 however i'm now working 6 a week and back at uni from September part time - naturally finding time for the gym will be a struggle. I know with most things theres a 14 day cooling off period but i can't see anything relating to this on the confirmation email. All the email says is: Minimum period: 12 months (Non Cancellable in this period) Terms & Conditions Definitions: The Service Provider = "We"; The Customer = "You"; Debit Finance Collections Plc = "DFC" Terms of your Contract Period of Commitment You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period shown overleaf. Termination of Service Limited right to cancel During the minimum period of the agreement you may cancel the agreement only: If we fail to maintain the standard of service you would reasonably expect. If we alter the operating hours of the services unreasonably. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. If you lose your employment and are unable keep up the repayments as a result. You must produce documentary evidence and initially we shall be prepared to suspend payments for two months and review with you your financial situation thereafter. Termination Payment for Early Cancellation If you cancel your subscription during the minimum contracted period, other than in the circumstances set out above, we shall be entitled to a termination payment (a "Termination Payment") The Termination Payment will be the total of: The arrears, if any Any accumulated late payment charges that have been or will be incurred The monthly subscriptions that would otherwise have fallen due before the end of the minimum contracted period. You will be given credit for early payment and this will be a discount allowed against the total you have to pay. For details of how the discount is calculated please contact DFC. Missing Payments If you miss two payments you will be deemed to have breached your contract. Giving notice to cancel DFC (The Collecting Agent) will continue to collect your monthly subscription after the minimum contract period. Should you not wish to continue subscribing after the minimum period you must give notice to cancel the contract in the month before the final payment of the minimum period. If you wish to cancel the contract at any time after the minimum contract period you must give one month's notice. The notice should be in writing or by e-mail and sent to the service provider or Debit Finance Collections Plc. Collecting your monthly subscriptions Debit Finance Collections Plc ("DFC") is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit. If you fail to make a payment on time you will incur the following charges: 1) Fail to pay the subscription on the due date ..................................................................................................................................£10.00 2) Fail to pay the missed subscription within 7 days of the date of a reminder letter ..................................................................£20.00 3) Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice ......................................................£30.00 Late payment charges become payable immediately they are incurred. Other Charges 1) Payment other than by Direct Debit .................................................................................................................................................£5.00 2) Any cheque returned unpaid by your bank.....................................................................................................................................£10.00 DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you by the terms of this contract will be deemed to have been delivered to you the next day after it is despatched by us, or our agent. Data Protection Statement Debit Finance Collections plc always uses information submitted by you ('Information') in accordance with all relevant data protection legislation. By signing this agreement you confirm your acceptance of the terms of the Data Protection Statement. Debit Finance Collections plc will use information as follows: To supply services as requested by you including the transfer of information to employees, agents and third parties as required for this purpose. For administration purposes To market Debit Finance Collections plc services to you. Debit Finance Collections plc may also disclose details of your account to a debt collecting agency for collection and tracing purposes. Debit Finance Collections plc may transfer its business assets (which include information) on sale or merger of its business. The Data Protection Act 1998 gives you certain rights, including the right to request a copy of your information and to have inaccurate information corrected. Please contact the Data Protection Manager, Debit Finance Collections plc, PO Box 6046, Milton Keynes, MK1 9BA. Does this mean that for the next 12 months I'm going to have to pay due to there being a minimum term imposed on me? Is there anything I can do as I don't want to be shelling out £360 over 12 months for something I won't be using.

I have just had through the post a Stat Demand, however I have some questions in regards to this - I have spoken to our county court about this and they are slightly confused as well so any help will be greatly appreciated. The demand is for rental arrears for the sum of £1234.78 - firstly when I spoke to our local court they have stated that it will go to the appropriate court where the debt occured however on this demand it states [the High Court of Justice] [Northampton. . . .] and below it states that any application to set aside this demand should be made to that court - the debt occured in surrey?? It was delivered by post which I received yesterday but the date on the demand is the 12th. At the bottom of part A on this form it says that a - you have only 18 days to apply to the court to have it set aside which has been striked through which leaves me with b you only have 21 days before the creditor may present a bankruptcy petition. Firstly can I get this set aside and secondly given that reading are slightly confused as to why it says northampton but have told me to apply to them being reading is this correct? Secondly I want to have this set aside for the reasons that follow: We took on x rental property and had to redecorate which they agreed to pay for but haven't done so so far and we are owed an outstanding sum of £1200 - it states on the checkin that walls etc need painting and was agreed along with the cost which was either to be paid in full or offset against our monthly rental. They entered the property illegally whilst we were in the process of moving out and several items of value have gone missing - they had admitted to entering the property without our consent and whilst we still had personal items in there. We have written to them on numerous occassions regarding this as there were several items of value that have disappeared but had no correspondance from them. Finally we have not received our deposit back and the landlord sent us a letter clearly stating that our deposit is for damages and can not be set off against any arrears, yet we still have not had this returned to us. I am now at my wits end with this, however I do not see why they should get away with this and that my partner and I be made bankrupt. Any help would be appreciated

Hi, I have out of the blue been issued with a Statutory Demand by BW Legal/Lowell Portfolio for two seperate debts totalling £10k I have not made any contact regarding these debts for over 4 years and don't recall ever receiving any default notice. I have taken a look at how a Statutory Demand should look like via the National Debt Line and it all looks the same except for some of the sentences under the WARNING section on the first page, they have ommitted; Also under the NOTES FOR CREDITOR they have ommitted; I do own a property and have only ever paid interest only repayments and as such the property is not worth much from what I owe. Can anyone advise on what I should be doing/sending to these people? Thanks in advance.

Hi, I apologise in advance as i'm sure this question has been asked before, I really need to make sure my thinking is correct before challenging my landlady (again). I've been in my flat for around 22 months now and began with a fixed term AST for 1 year with monthly payments. The only Termination time was at the 6 months "Break point" and included a 2 month notice period. At the end of the year the landlady and i agreed to allow the contract to roll on a monthly basis (for the past 10 months). On the 12th June I gave written notice saying I'll be out of the flat within one month (also aligned to the date of rental payment). She replied saying that i had to serve two months notice as in line with the original AST. I checked the contract and according to that it states: "16.2 If the Tenant stays in the property after the Tenancy has expired then a statutory periodic tenancy will arise on a monthly basis". Having done some reading around my understanding is that the tenant only has to provide one months notice whilst the landlady is required to provide two months notice in the case of defaulting to a a statutory periodic tenancy. Is this right? I'm hoping to go back to the landlady and say. Here's my contract saying i am on a statutory periodic tenancy, i have no obligation then to serve more than one month of notice following my last rental payment. I have quite a big rental deposit that i could do with so don't want to become embroiled in a war over it! Many thanks in advance.

Hi everyone, I appreciate that what I am about to discuss is related to me as the director of a Ltd company, however I still thought there might be someone here who can advise the best course of action to take. In January of this year, our company ('X Ltd'), was dissolved since my business partner and I decided we could no longer work together and there was no interest in continuing the company in its form at that time. There were no outstanding debts, apart from one that was owed by a previous client of X Ltd; they are a huge name in this country so we felt that the debt to our subbie would be paid regardless of what happened to X Ltd since the work was invoiced to the client c/o X Ltd and not directly to X Ltd (though works were authorised by X Ltd). Anyway, about a month after the dissolution of the previous company, some options to work abroad fell through and I decided to give the company another go and start a new company with a similar name but change from X Ltd to X Limited; so name was same but Limited spelled differently as well as different company registration number and vat registration number. The registered address changed, but about a month ago, I decided to set up a virtual office at our old location because it is convenient for me. I do, however, wish I had taken the advice of my accountant and changed the name altogether!! So, this big client of the now dissolved company decided not to pay the subbie, and now the subbie is coming after the new company. Bit of a mess I know, and although I always make sure debts are paid, I do not understand how a statutory demand can be issued to a company that was not even formed when the original debt was incurred!! The statutory demand was served at our non-registered address, for a debt the company has nothing to do with. I do not have much money, hence requesting advice here, but I am minded to write to the court and ask for the demand to be set aside and request an injunction since the two companies are independent of each other. Or, should it simply be returned to the creditor making it clear that company no longer exists? Any advice?

Hello all, Help needed about a signed application form received under section 78, of the act, with regards to a credit agreement. It's signed and dated by me, contains the prescribed terms of a running account, but is not dated or signed by the original creditor, nor does a signature box exist for the creditor either. (3) The signature of the said document shall be made in the following manner— (a)by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated body of persons, in the space in the document indicated for the purpose, and, subject to sub-paragraph © below, the date of the signature shall be inserted in the space in the document indicated for the purpose; (b)by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box; ©in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified in paragraphs (a) and (b) above need not be inserted; and (d)nothing in this Regulation shall prohibit the inclusion in the said document, near to any such signature, of the signature by any witness outside any signature box in which the debtor or hirer may sign. This is in relation to an adjourned application hearing to set aside a statutory demand. original creditor: ABBEY Credit card (MBNA), Default dated mid 2009, Notice of assignment sent, Default notice sent, Last 10 statements sent. Amount of default £2000, contains about £450 worth of £12 charges. Can an application form be said to be a enforceable agreement, even if it contains the said prescribed terms? This may be ok for waksman, cary v HSBC but is it ok for the Wilson house of lords case

Hi, Some time ago a company supplied a service to me, for which i was paying as i went, i then hit financial troubles, spoke to the comapny and they agreed to continue with the services and pay monthly instalments. For which i have and kept within this agreement. For some reason out of the blue i recieved a final demand from a DCA, and i basically they are saying if i cant pay the whole balance now then they will issue me with statutory demand, which i am lead to believe is the first step to start bankrupcy. I have tried asking the DCA to let me carry on with the monthly payments, which he is refusing. Can anyone help me with this problem? Thanks

Hi I was out today and a friend was looking after the house. He had a knock on the door from 2 people in a BMW who asked for me. He was suspicious and said he had no idea who I was. they went away then 2 mins later posted a hand written envelope through the door. I opened on my return to find a Statatory demand from BW Legal on behalf of Lowell threatening bankruptcy. The debt is for just over 4k with SAV credit and states a default date of early 2008. I have not contacted Lowell or BW Legal at any point and am unsure who SAV credit are. I was paying a CC payment to MBNA that year but the number does not correspond with my account number. I do recall having a Marbles card, but I have gone through all my bank statement as far as 2006 and no payment has been made to them in this time. I did ignore the letters which wasn't clever as I assumed the lowells letter was regarding a CC debt with another provided that CCj'd me for even though they never had direct contact with me. What can I do?

Hi all, I was yesterday served with a Statutory Demand from Lowell (BW Legal) Two debts are listed on the SD, a catalogue I took out probably 10 years ago with Littlewoods, the second one a credit card I had with Littlewoods Personal Finance (underwritten by Barclays). The Littlewoods (Shop Direct Finance Company) debt claimed is £4021.20 and the LPF card £426.05. I stopped paying the debts in/around April 2009. The dates of default were 12 July 2010 for SDFC and 1 October 2010 for LPF. Lowell's state the debts were assigned on 31 Juy 2010 (SDFC) and 29 September 2010. I am a full time mother with no income of my own, my house is jointly owned but there is little/no equity in it. If Lowells want to petition for my BK they are wasting their time and money and will not recover their petitioning costs. I have read similar posts on this site but just wanted to check my thought train in correct in proceeding forward as I would prefer not to be made bankrupt. The LPF card limit was about £250 but is now £426.05 so I might be able to dispute on the grounds of charges (the debt has nearly doubled). The letter with the SD states "may" instead of "will" numerous times so whether they actually follow though I don't know but I am aware this odious company operates on scare tactics and issues petitions and I don't really want to take the chance. Should I now: 1. Issue BW with an immediate CCA request (using the template letter and enclosing £1) sent Recorded Delivery? 2. Write to both Barclays and Littlewoods with SAR requests (is the fee a total of £20) or just do the CCA and put the ball in BW's court? 3. Should I make a token offer of payment and ask BW to withdraw the SD? 4. Should I apply to ask the Court to set aside the SD (given that the default dates were nearly 3 years ago) on the basis that it is an abuse of process (a "fishing" trip?). Given that the Littlewoods debt is so old, is there a realistic possibility the credit agreement will still exist. If the debt is unenforceable, the SD will be invalid anyway because it will be less than £750. Any advice appreciated. Thanks v much NC

Hi could some one help me with this scenario ! i have recieved a statutory demand for a an old credit card but the date on the demand is dated 26 of march 2013 so seeing that it is now the 20th of april i presume they are trying to pull a fast one as u only have 21 days to apply to have it set asside ! what can i do now as i sent for the original cca in 2008 to Capital one they sent me a bodged up application at the time so i sent another letter saying it was now in dispute later that year i was sent another leter by then Lowell. i replied saying Capital one was still in dispute now this demand is from BWlegal !! help woukd be most appreciated !!

hi all im about to receive a statutory demand from lowells for a 2000 pound debt from welcome i have sent i email to them offering 45 per month got email back to say that the acount is on hold can i get a set aside on the fact that i am othering to pay it back thank you for any help im in a bit of a panic no im in a big panic

I can't remember seeing anyone recently make a new post saying that they have been issued with a statutory demand on behalf of Lowells ? They are still continuing with bankruptcy petitions according to reports in the London Gazette. Have they stopped doing this, just paused or reduced the number they are issuing ? Going by what is reported via CAG, there does appear to have been a change.