Hi there, I have been reading similar posts to this from people in a similar situation but wanted to ask advice please. On the 5th November we returned home to a calling card left by a collector that had visited to discuss a lowells debt in my husbands name. My husband as supposed to ring him to ask what it was about but he never got around to it. Yesterday we had a letter in the post from the same collector stating that he had visited twice and he will be calling again next Monday to issue a statutory demand for a debt my husband has with lowell. From experience we have had in the past with creditors we knew to request a copy of a credit agreement before we agree to any repayment etc so my husband called the collector to ask what the debt was for (we had thought all bad credit we had was sorted as we had sorted a lot of these things in 2006-2007 and have not really heard anything since). He told us the debt was with the Royal Bank of Scotland and was for the amount of £10,700. My husband told him he would be requesting a copy of the credit agreement but we had no reference number or address for the creditor. The guy told us the information would be on the SD and if we wait until that arrives we can request the information then. We had a telephone call tonight from a woman from Hamptons who asked us to make a payment of the full amount and when we stated this was not possible she asked for a deposit of 35% of the full amount which obviously we could not do either. She then asked what we could get together and said she would phone us back. My husband at that point requested a copy of the original credit agreement which she eventually agreed to but asked us why we wanted it!! She then proceeded to explain the full implications of bankruptcy which was the route they plan to pursue if the payment requested was not made and she would be phoning us back on Monday. This really is the first correspondence we have had on this matter although the woman stated that they have been sending us 40 letters per year since 2007 when they bought the debt. My husband said he may have seen a couple of the usual type of letters these companies send but no way was there 40 per year!! We did seek advice from CAB in 2006-2007 about our debts and it is possible we acknowledged this debt back then and paid the nominal £1 fee. I can't remember when we would have last paid anything though. From what I have read in other posts I see that we need to officially request a copy of the original credit agreement for £1 and a copy of other paperwork that costs £10 (can't remember the name). Is there anything else we should be doing and can we avoid the bankruptcy route? If they can prove the debt is ours and we must pay will we have an opportunity to make a payment arrangement with them before they start bankruptcy proceedings? We have our own home (mortgaged) and my husband has his own building business (which is quite new so doesn't really earn us any money). We are quite worried at the prospect of loosing our home - can they do that with the debt being in his name only as our mortgage is in joint names. We also have children - can they make them homeless?? Thanks in advance for any help you can offer us on this.

Firstly apologies if I am in the wrong Forum, Earlier tonight I was issued with a letter stating that I have been served with a Statutory Demand , I have roughly browsed the web for the meaning of this and am not so sure when exactly it entails, please can someone explain and also advise the best cource of action that I should make. Thanks

I appear to have a debt of around £3500 to Littlewoods in 2007 which Lowell's have tried to collect. Yesterday I had a visit from a collector who handed me a Stat Demand for the amount in whole This debt was in dispute in 2008 as I was not receiving my 'cash back' for items that were purchased. After repeated demands for these due amounts I warned them unless they paid back what they owe they would receive no more communication from me. Well they eventually reworked out the amount and applied that but it was still not the correct amount (they claimed they made a mistake initially, even though it was still wrong). Well they continued to harass and not include the whole cash back amounts and eventually passed the debt around until Lowells finally issued the Stat Demand via a company called BG LEGAL yesterday. The debt had been passed with ALL the cash back now removed from my account, toally disregarding my legitimate requests. I have written to BG LEGAL today with a £1 postal order (CCA request), I also contacted Lowell Portfolio and did a similar CCA request (overkill but I wanted to make sure they could not delay further). I also contacted Littlewoods (the original creditor) and sent off a SAR request and duly included the £10 fee. I sent all recorded with BG LEGAL contacted by special delivery (I have all tracking numbers). I now need help with getting this set aside, I believe firmly they will not be able to provide the CCA, is this alone enough reason to get this set aside? Or do I go alongside the angle that this debt is in dispute as the cash back amounts were not correctly applied to my account? Also there are plenty of £12 charges against my account when I stopped paying due to the cash back saga. (I notified Littlewoods in 2008 via telephone that the debt was in serious dispute and they were in breach of contract). Can someone also post a link to 6.4 and 6.5 as I want the latest version that I can hand into my local court that handle bankruptcy orders (the one named on the letter, does indeed) Finally, the letter handed to me by the 'process server' did not contain the officer's name or details who handed me the Stat Demand, all the information on the first piece of paper was left blank so I cannot even tell if he is qualified to make this call and hand me the letter. Is this relevant? Many thanks to anyone who can help, you lot are brilliant (long time lurker). My main worry ------------------ I am a home owner but it is a joint mortgage with my fiancee. We have different surnames and this debt is only in my name, could they do something to our house or mortgage under these circumstances if, heaven forbid, they manage to win? How long do they have to respond to the (sent today) CCA request? Will that time limit expire before my 18 days to get this set aside? Am i right in thinking they have 40 days for the SAR? Was this a waste of time?

Hi I recently requested a CCA from Link Finance regarding an Abbey Loan. The request was initially made on 10th February 2009 and follow up letter was sent on 16th March 2009. I received a letter back from Link Finance saying the account had been put on hold for the time being. Last week I started receiving calls again from Link Finance, I didn't answer, they requested I call them, which I didn't. This week I received a copy of what appears to be the CCA, it is an extremely bad copy of what looks like itself to be a copy. I was wondering if anyone has any advice on what to do next? I have attached a copy of the CCA returned, can someone tell me if it is enforcable, especially considering the time it has taken to produce it and the legibility of the document. Any advice would be greatfully appreciated.

first time post - I have just received a letter from BW legal on behalf of Lowell Portfollio I dont understand any of the jargon inthe letter it says I could be made bankrupt if I do not pay or make them a offer I have no equity in my house I am working CSA has a libility order on my house should I make them a offer of payment or will it be better to be made bankrupt I have about 8 other creditors chasing me for money I have very little disposable income I have a 2 yr old Can anyone give me advice If i do nothing what will happen? Has anyone else had dealings with this company

Hi. I got a tax demand from Norway today, demanding payment of tax from the years 2001 to 2006, or they will make an attachment to earnings. I only worked and lived in Norway from Nov 2001 to April 2003 and tax was taken of my wages by my employer. Pre Nov 2001 I was living and working in the UK paying tax PAYE and making visits to Norway every 2 or 3 weeks. From May 2003 I live back in the UK unemployed until Sep and then started paying UK tax PAYE. My Questions are How can I prove that I paid UK tax for these years as it is over 6 years ago and tax records are only kept for 5 years 10 months, and can the Norwegian tax office chase me for tax from over 6 years ago, and do anything to get money from me in the UK? As I am not sure how I can prove to them that I don't owe them any Tax. Many Thanks, Stephen

Hi Received a Statutory Demand hand delivered today, from a solicitors firm on behalf of Lowell Debt Recovery, Its for an old credit card debt of approx £4200. On the paperwork it says that the default date was August 2008. I think that it was more than 6 years since I paid anything but Im not 100% sure. I'm planning on visiting a debt outreach centre for advice on Wed next week but am worried sick in the meantime. I've heard that Lowell try to bankrupt people. I can't afford to pay it in one go but could maybe afford £40 a month but I don't want to pay anything in case the debt is statute barred. Any advice please, Thank you

Hi members, I'll start by apologising for another post regarding a statutory demand. I have searched other posts but it seems that just about every case is different. I received my SD on the 8th of January 2013 (after the serving officer informed me in writing he'd be coming on the 7th!) and it relates to a Barclaycard account that has been now taken over by Bwlegal. The debt remains outstanding as I thought I'd cleared this when I took out a secured homeowners loan with Barclays in 2008. My loan was paid out in a series of cheques that I had to issue to my creditors. I believed this was the case with the barclaycard payment but kept receiving demands. The demand notices had the fifth number of my account missing so I thought they'd figure out my payment eventually and ignorantly I'd decided they couldn't pursue me anyway for an account that wasn't then same as mine (because of the wrong account number). I contacted Barclays secured loans department on tuesday (8th) and asked them whether they could confirm that the cheque for Barclaycard had been cashed and if so to what account the payment went but was told by the customer service assistant that that would take too long so the best he could do was to send me a list of the cheques that were issued and for what amounts. I was told this would take up to seven days and up to today I still have not received this information. The last thing I need right now is to be declared bankrupt and loose my home as I have a wife and three kids, the house has a mortgage and the secured loan so I doubt that I have any equity especially if the house is taken away from us and sold at whatever someone is prepared to pay. I do have a car that I use for work so again could do without loosing this. Because of the timescales am I better just trying to offer Bwlegal some kind of monthly payment? also what happens to the money that I borrowed and am repaying if I haven't actually used the full amount of the loan by the cheque for barclaycard not being cashed? I know in hindsight that this should've been sorted out in 2008 or even 9 but I really would appreciate any advice anyone can give me as sleep deprivation is making me increasingly irrational.

New here, hope someone can advise me, I have received a statutory demand from bw legal, it was in my mail box at the end of my lane ( gated ) it referes to a debt from a capital one card for £1,895. it has a date of Jan 15th on but was put into my post box by hand delivery one week ago. I have worried for a week over it not really reading it fully as the Bankrupcy wording freaked me out, I know buring your head in the sand is the worst thing and so have tonight read it through and spent a couple of hours here reading about how serious it is. I am a house owner and work for my self with a small busines that has been struggling for 2 years now, hence my financial predicament, mad that how the past 2 year of financial pressure has taken all of my confidence to deal with this kind of thing! and to be honest the debt is my fault so no sympathy required. So onto my questions, I see bw legal mentions the demand been served on me by their process server, is it been put in my post box by hand whilst I was out a duly served demand? there is no details who the process server was or what time he came etc. They mention their client ( Lowell ) is willing to accept a a payment plan and avoid bankrupcy, if this is correct how can I trust them that they will stop the bankrupcy? The statutory demand looks very unofficial and I guess these are printed off at BW office by the dozen, there is no ccj in place on this unsecured debt and they are not the original creditor, it does mention they purchased the rights and benefits from Capital one, do they not require a ccj or is bankrupcy their way of forcing payment, and do they normally see it through if you do nothing? So if an agreement is the way to go, do I contact bw legal, Lowell or both? do I still need to apply to have it set aside at the court? Thanks in advance to all. Garage man

I have a card debt of £11,700 and just received a letter from the above saying they are considering issuing a stat demand. The card was taken out in 2000 and I previously asked for a copy of the agreement in 2007 which came back as an unenfiorceable one. It did not have the prescribed terms and was just an application form. I stopped paying around Nov 2007. Do I reply to the letter? Do I request another copy of the agreement ( assuming now I'll just get a recon) Do I ignore it? If I send anything in (S77) does this start the SOL all over again? Please help

Hi,could anyone advise me on the following problem: a friend of mine was told that he had been served a "STATUTORY DEMAND under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately", and this being the first time he had ever known that he may have such a debt and with no prior notifications that such debt existed, my friend finds themselves in a desperate situation and does not know what to do please help thank you

Hi guys , i received a stat demand from BW Legal on behalf of lowells i replied with the template CCA letter . they received the letter on the 29th November 2012 , and i am still waiting for a reply . I called BW legal to ask them what was going on , at first they denied receiving anything until i told them it was signed for and tracked , and then magically i was told oh yes we have it . they then told me i just have to wait for lowells to contact the creditors and get the details and that was it . so since it has been quite some time now , what do i do next ? thanks

Hi I am in need of some advice please I have just been handed a statutory demand from a man at my door, from bwlegal for lowells for a capital one card for the amount of £1243. There is several dates on here. says default date 9 feb 2008 but on appropriate court for setting aside demand form says date of assignment 12 feb 2009. Also letter has date of 17th jan 2013 and man knocked and handed to me on 27th jan and says i have 18 days is this from date on letter or date handed. Firstly i cannot remember how long ago since i had a capital one card so well over 6 years, so as i am not sure on this i paid to get experian report which has this listed. as follows company : LOWELLl PORTFOLIO I LTD Account updated: 25/09/2011 account type : credit card / store card Started: 22/12/2004 Default Date: 09/02/2008 Current balance £1,243 I am confused as to where the date 09/02/2008 comes from , as certainly haven't had any dealings with credit card since before 2007 possibly alot longer, i know i moved to my new address in 2007 and haven't paid any capital one here, and in feb 2008 my son was diagnosed with a brain tumour so i was in hospital for months with him on that date, so wouldn't of spoken to anyone. I also printed my credit report out and it had my old address and there was no mention of capital one debt on there, so as far as i am aware this debt had disappeared as older than 6 years. only above information of debt on report when put in new address.(had a capital one card at old address) I wouldn't have a clue if i owed them any sum of money and what that amount would of been, so how do i find this out, how do i know this information is correct. And who puts the default date. as this would of been before 2008, can they just put what they want. I would really appreciated some advise on what to do. I have read your forums and there is some really good advice, but just wondering with my details as what to do. The point it says statutory demand a bankruptcy scares me if someoone could give best course of action would be much appreciated. Have tried to ring NDL but waiting on call as busy. Thanks x

Hi I am new to this site although to date my friend who is a member has beenhelping me. Due to circumstances, my friend is no longer able to help so I amnow going alone. I have an outstanding debt with Barclaycard and i stopped paying lastAugust. I wrote asking for a copy of my agreement in September and received aletter from Barclaycard saying they would answer me shortly. However to date I have not had a reply, only letters from Mercers and manyphone calls from Barclaycard which i have ignored. Today, I received a Formal Demand for Payment letter giving me until friday8/2 to pay the dept in full or reach an agreement with them, or else they maypass my account on to a specialist collections company and a localrepresentative may call on me. I moved in with my mum 2 years ago when my dad died and i really do not wantanyone coming to the house. Please can you suggest what action I can now take. I have read that I could request a full history of my account for £10 buti'm not sure if it's too late to stop Barclaycard taking the action threatened. thank you for reading this and i look forward to any replies B

Hi, I have received a Statutory Demand letter through my parents letterbox over the weekend dated xx January 2013. It relates to a debt bought by Lowell Portfolio on behalf of O2 and Lloyds TSB. I don't live at my parents house and haven't done so for 3 years although it is officially my address for my bank account. If i'm honest i have put these debts to the back of my mind in the hope they would go away rather than tackle them head on but obviously I am now very worried about this. As I said, the letter was merely hand delivered through the letterbox rather than given to a person but I am wondering what to do next. It says in the letter that "should you fail to pay this MAY result in us presenting a bankruptcy petition against you." It also says that "the purpose of this letter is to assure you that it is still possible for you to avoid bankruptcy. Our client would be willing to accept a realistic settlement offer from you, be it a monthly payment plan or an offer for full and final settlement." The debt stands at £xxxxx and I am wondering, will they follow up this demand and can it be enforced even though I don't reside there and it wasn't given to someone in person, or would it be best to make them an offer to clear the debt and what would be a realistic offer for full settlement or a monthly figure. PLEASE HELP ASAP as I am very worried now !!

Hello, I have been hassled by the inland revenue for the last 3 years and they have recently hit me with 6,500 pounds fine. First this money is for the late returns they said I made, yet, if i am correct, I should not have been doing self assessments when I have worked for the same company and been PAYE for the last 22 years, merely changing my home address. I di mention this to them on several occasions, yet they are still charging me with late fines dating back to 2010. I have all my necessary pay slip taxation data. Can someone please inform me as to my standing in being able to contest these charges. Thank you

I owe Littlewoods the amount of £7442,82 which is the result of years of buy now pay later and hideous amounts of interest being added, they and other debt firms have written and called consistently but after losing a close member of my family just over a year ago, I kind of lost the plot and ignored all contact. My husband was handed a letter 24/1 from a man who called and asked for me, the letter states that on the 28/1 he will be calling back and I will be served with a Statutory Demand issued under the insolvency Act 1986, I have a mortgage so too say I am terrified is an understatement, please help and advise what action I should take? Thank you, Mazza1969

Hi, just a quick question.. I had a SD a while back that I managed to get set aside with the help of all the posts on here, does this action reset the clock on the statute barred limit or not? thanks

Hello! I received a statutory demand by hand on the 3rd Jan. I've contacted the CAB as it states on the form but they couldn't offer any help or advice on how to get the thing set aside! It's for £5000 and its the balance of a loan from the bank for £25000. I requested a copy of my credit agreement which they didn't have, and from the little research Ive done and from what I've heard that means the loan is unenforceable? Is it correct as well that if I was self employed when I took the loan out they shouldn't have sold me PPI? Any help/advice welcome!

Hi can anyone please help me? My mother in law has just been sent a statutory demand under section 268. She has approximately £3500 outstanding on a debt from a creditor that she has been paying for the last 5 years which she got acting as a guarantor for her daughter. She received a CCJ in connection with this originally and completed attachment of earnings forms which the judge later used to set up the installments to repay the creditor with an AOE Order, she has never defaulted from this original agreement within five years. Now she is obviously beside herself with worry just before Christmas of being forced to sell her house. Can she ask for this to be set aside as she has never defaulted and is continuing to make repayments, its simply the creditor wants his money quicker as stated in his letter to her. I have completed budget forms with her and things are tight enough for her without having to up the payments to him and we cannot get the debt under £750, what can we do? I would be interested in your responses.

Hi I have received a letter from Red threatening that the next action they are going to take is to issue me with a statutory demand. The debt is a catalogue debt, and is around £378 in total. I have not been making payments to the debt as I am unemployed at the moment and I suspect a large portion of what they are claiming I owe is charges. I can't afford the monthly amount they are asking for. National Debtline advised me that based on my income I can only afford to make token payments of £1 per month but I can't see them accepting that. I hope to find employment in the New Year and be in a position to make higher payments. Are they likely to issue me with a SD or is it an empty threat? If they make me bankrupt they will get nothing as I do not own my house and I have no assets.

Hello this is my first time on a forum so please bear with me on friday 7th of december a representitive from bw legal knocked on my door i was not in but my wife answered he would not tell her why he was knocking just that he needed to serve something on me he left a number to ring. when i arrived i home i rang the number and was told he had a statutory demand to serve me and that i should ring bw legal to talk to them as soon as possible regarding the demand. i rang bw legal and the debt they are chasing is for a cap 1 credit card i stopped paying due to the fact i fell on hard times and tried to get a payment plan with cap 1 but they refused my initial offer so i stopped paying. i heard nothing from cap 1 for 2 years then a letter came from lowells saying they now own the debt i ignored this to and now i am at the point were i cant bury my head anymore, i spoke with bw legal and offered them 30 pounds a month but was told by them because i am paying other credit cards the repayment had to be a pro rata basis so the minimum they would except is 100 i have agreed to this for 6 months then they will review it as of yet they have not served the statutory demand and i am not sure what i need to do the outstanding debt is 4200. any help or advise would be really helpfull

One week ago I moved in a flat which I am going to leave by January as the house is going to be sold, Today I received this letter: The Landlord is unwilling to pay this bill and says that before moving in we agreed that I would be paying all bills except council tax. What should I do in this case? Should I write Thames water that it is unlawful to disconnect the supply as the property is occupied??

Hi, Was sent Statutory demand in July by Lowells. Asked for it be set aside & have a date in November. I asked for the CCA in late July & any other information they had regarding the account but received nothing within the 12+2 days. Today I finally received a copy of the agreement with a default notice. What should the agreement include? Lowells say I owe over £4500 but have only sent a supposed transaction sheet which certainly does not add up to £4500. Is there any defense against the statutory demand?

Hi, Hi to everyone - I hope you can help me. Last year (2 Dec 11 to be exact) I unfortunately had to put my business of 8 years into voluntary liquidation. It was extremely upsetting to say the least. I had three personal guarantees signed on overdrafts or heavy equipment leases; one each with HSBC, Academy Leasing and CVF. The Academy and CVF ones are joint and several with another ex-director. Having suffered the loss of the business, I had no income obviously and wrote to each of these companies in turn with a Citizens advice Bureau prepared statement of my personal financial affairs. Yesterday, however, I received a Statutory demand from Bermans Solicitors on behalf of Academy Leasing demanding the £17,955.91 that they claim we owe them. we have both disputed the total amount we owe them is £17K because we feel that they completely undersold the equipment in an attempt to recoup some of their money and have not (after numerous requests) provided us with any proof that they received fair market value for the machinery they sold. It looks on the surface that they have sold it back to the manufacturer directly for a significantly reduced sum, a company with whom they have considerable dealings - it looks quite dodgy actually. Whilst they seemed to ignore my last request to them for information regarding the offers they received, they did write back to the other guarantor and say that it was an all monies guarantee and that they were under no obligation to mitigate at all. Surely though, if they have chosen to mitigate their losses they have to be fair and reasonable to us as guarantors? I intend to try and have the Stat demand set aside. Can anyone offer some advice please???? Thank you.