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  1. I received a letter a few days ago to say I've uncerpaid tax of £183 for the year 2012/2013. During this period, I was working (April - June 2012), then was out of work due to illness and when my ssp ran out (June 2012-Jan 2013) I started receiving ESA (Jan 2013onwards).. I rang my employer and they say they only work on HMRC's instructions and they implemented my tax code from HMRC. I then rang HMRC and they said it is because I have been receiving ESA in addition to my (severely diminished) wages and that as ESA is taxable and the Benefits Agency don't collect my tax at source, I have to pay this myself. I no longer receive any pay from my employer (although I'm still technically employed) so the only income I have is the £71-odds ESA a week. How am I supposed to pay this demand? And why wasn't I made aware of all this to begin with?
  2. 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.
  3. I originally had a debt passed form MBNA to Arrow Global approx 4 years ago after falling into difficulty. I have been making token payments since due to income. Arrow Global recently passed over managment to Restons Solicitors. They agreed for payments to stay the same but I need to pay them direct instead of Arrow Global. Couple of questions really 1) should I make a Credit agreement request to Restons 2) Do you think they will seek a ccj the amont outstanding is £6k
  4. I have been referred to this site and told there are som great people who can help me? In short, my income has been hit by the credit crunch since 2009 and since we have run into all kinds of difficulties. Our house was repossessed in the summer wirh an outright repossesion order. We were able to clear the arrears and have been up to date since so the mortgage company has agreed in writing not to enforce as ling as payments remain up to date. This morning we received a statutory demand under section 268(1)a relating to £25k we owe. This is for school fees from when we had money and adverse circumstances and has been issued by the school through Redwoods. The school has been very patient with us and my understanding was that Redwoods would look to arrange a payment plan with us. I would like to get some answers to the following: 1. Does this mean they have filed for bankruptcy? This is an official document but not from the court. There is also no court date given, although the local court is mentioned. 2. We have been given 18 days to respond from the date of service, which is 14th October. This only gives us 6 days to respond, so can we contest why it took so long for us to receive the letter? 3. Given that an outright repossesion order is in place, would Redwoods be able to bankrupt us and enforce sale of the property? Surely the mortgage company have priority on this? Any helpful information would be gratefully received. Thanks, D
  5. I have recently had some dealings with a bailiff from ross and roberts, the problem as such is sorted, in that I never ever let him in my home and I am paying the council directly. However I cannot find this bailiff on the register as a certified bailiff. On my "first notice" it only has his name as S Jackson I'm not entirely sure what his first name is, I've searched the company and the surname and another mr jackson comes up but not with that initial. I am dealing with the council first to ask how much I still owe and I will deal with ross and roberts once the council have replied, as I'm interested to know what my charges are etc I annoyed this bailiff because I was recording our conversation when he turned up at my house, the reason for this was many years ago I was threatened by a bailiff from the same company, another one of my questions is was I legally allowed to record that converstion ( I warned him I was doing so and what my reasons were before he started to talk to me, he then said to someone during a phonecall "she is recording me and I haven't given her permission"). We were outside my house so a public place. Thanks for your help, sorry I've been a bit vague , if I told the whole story I would be here forever and a day, so I kept it down to essentials
  6. Hi All, First post, I've done a bit of searching around and found similar issues but nothing quite the same... so please bear with me as this whole thing is quite complicated... hopeing someone can help. Basically, in October 2006 I moved into a flat with my cousin (that sounded dodgy... er, separate rooms !!). We were both full time students at the time, I was at University, and she was at College, and went on to University the following year (same course, so I believe it is classed as a 'continuation' or something similar). Anyway, she moved out in January 2007, and I moved out in March/April 2007 (can't quite remember which). A couple of months ago, I got a letter from a DCA advising that GCC had instructed them to recover £854.13 from me Obviously, I phoned them to query this - they told me it was for the property that I had lived at above, for CT year 2007/2008. I advised them I did not live there at that time, and told them to send it back to GCC as an error, and thought nothing more of it. I gave them my mobile number (stupid, I know) to call me back and let me know it was sorted. Never heard a word back from them. In June, I received another letter giving me 14 days to pay before they would take legal action. I hit the roof at this one Phoned them up again and asked them what they were playing at... "oh the council say it's up to you to prove you didn't live there". Hit the roof again, told them I'd sort it with the council and to send it back to them again. With that I spoke to some snotty woman at GCC, told her I didn't live there and explained the circumstances of moving out so quickly (see details below). I was told that it was up to me to prove I didn't live there ! I also made it clear that even if i had lived there, I was a FT student so wouldn't have been liable anyway. "Prove it" was the response. So, I drove to East Dunbartonshire Council HQ in Kirkintilloch, spoke to possibly the most helpful council official I have ever dealt with, explained the problem, and asked her to give me a copy of the CT exemption form I submitted to them in 2007... she went and got my file, and gave me it in less than 5 minutes ! Armed with this, I then went down to Glasgow City Councils office next to George Square... took a number and sat in line to speak to someone about it. In contrast, the woman I was met with here, was the most hostile, abrupt, and downright rude person I have ever had the displeasure of dealing with. Told her "I didn't live there", "prove it" was the reply. Gave over my student exemption form from 2007 showing my parents address "Oh, this doesn't prove you didn't live here, you can live in 2 places at once" (?????) At that point she says "Oh, we have this form already anyway, it's not your student status that's the problem, it's your cousin, her college course ended in April 2007 so we're charging you full CT from April-October 2007 (when the lease ran out)." At this point, I explained the circumstances regarding moving out (again, see below), and just got met with "Prove it" after every sentence I made the point, that surely it's up to them to prove I DID live there given the mountain of evidence I can supply that suggests I did not - bank statements, pay slips, etc etc, all showing my address changed sometime between March & April 2007. They then made this suggestion: "The easiest way to make this go away" is to get a copy of your cousins student exemption for the following academic year, so 2007-2008. Now, she never bothered with this, as when she moved back to her parents she got no CT discount anyway as there was more than 1 non-eligible adult living there.... however, we have since got a CT form from EDC, sent it to her Uni, and they have returned it, filled in for that academic year. Apparently this is not acceptable to GCC. So, I have now lost the plot entirely, and told them to take me to court. I'm actually looking forward to it I think... as far as I am concerned, I owe them nothing. I have plenty of documentary evidence that I had moved elsewhere, yet they continue to say I need to (somehow??) prove I did not live at that address, at that time. Now, i'm no lawyer, but if I remember correctly, they can't demand I try to prove a negative... It's up to them to prove I DID live there ? Since then, I've had the DCA phoning me on my mobile several times a day... at first I was telling them I wasn't liable and that they should speak to the council, then I got fed up with them and told them to stop phoning me, put it in writing etc, now I just dont answer the phone to them. I have also now had a letter saying they intend to instruct sherrif officers to arrest my wages and freeze my bank accounts It's hit the roof time again. Surely in order to do this, they need to actually take me to court first Anyways, I think I really do need some help now, because I'm obviously dealing with a brick wall and I may just be getting in over my head. One last thing, in December 2008 I changed my surname (legally), I have my amended birth certificate. They are still wirtng to and addressing me as my old name. Does this matter ? Any thoughts much appreciated (again, see below for further detail). Thanks, Chris. Shortly after moving in, there were serious problems with the flat, flooding, being the main thing - Barrat had managed to build a block of flats that wasn't watertight. Muppets ! We then started receiving letters from the landlords finance company, GMAC (initially addressed to him), stating that he hadn't paid a penny towards his mortgage (found this out later when I started opening his mail). I tried for several weeks to get hold of the LL, to no avail. Now, technically, I was renting from his company (ironically, a plumbing company), rather than him directly.... so I checked companies house... the company was put into administration a few weeks after I signed the lease. A recorded delivery letter I sent to him stating that if the problems weren't sorted I was terminating the lease, was returned to me undelivered marked "property boarded up." I still have a copy of the letter, but have chucked the returned envelope away. What I was told by the letting agent (and Barrat), on the quiet, was that Barratt had given this guy 50k cash back on each of the flats that he'd purchased (so at least 100k), and that he'd then put his company into administration and disappeared. They were also trying to get hold of him. The flooding issue then started affecting neighbours properties, so we had no option really but to let Barrat Homes come into the flat and do remedial works to stop the flooding - both for our sakes, and the sakes of the neighbours below. They had to effectively remove the whole wall and rebuild it - something about the damp course/vents being installed the wrong way round, so directing water inwards (the rebuilding of the internal wall never got done). So we were now living in a damp, draughty building site with no internal walls, the landlord had vanished, his company was in administration, and his mortgage company were threatening repossession (I'd started opening his mail at this point). My cousin, who suffers from asthma moved out either right at the end of December or the very start of January as the dampness and draughts were causing her health problems. I had assumed I was going to lose my £1000 deposit, so I couldn't afford to just upsticks and move out... so I held on a little longer. One moring I was woken up by an estate agent who had keys and had let himself into the flat "to survey it". I then started receiving notices "to the occupier" telling me that the flat was being repossessed, got the notice to quit etc etc etc, and then got a notice saying sheriffs officers were coming to reposess the property, change locks etc etc.... so I eventually gave up trying to contact the LL, and moved back to my dads house as I couldn't afford to move elsewhere. I had kept a hold of all of the documents etc, the repossession notice, lease, returned mail, rent receipts etc etc... until I had a clean out about a year ago - figured I wouldn't be needing any of that stuff ! Even after explaining all of this to GCC, one of the the things they said is that my lease was from October to October, so I was liable for that full period. Now, it was a Short Assured Tenancy... I'm pretty sure those have a 6 month break-clause that can be exercised - but the point I've been making to them is that the lease was terminated 'by frustration'. Hope someone can give me some advice regarding all of this. Thanks for listening
  7. hi all i applied for a loan with this company and got declined few days later i found out they had put £100 into my account i didnt know they had put this money in as i was away at the time and about 2 weeks later i had an email off a debt collection agency saying i needed to now pay them,after a lot of digging round as i didnt put 2+2 together found out who they were collecting on behalf of but was really confused as i got declined for the loan so i have now asked for a copy of the agreement that i was supposed to electronically signed and they have sent me a PRE-CONTRACT CREDIT INFORMATION ..is this an actual credit agreement i am willing to pay back the £100 they deposited into my account just not the charges and interest.. many thanks
  8. This started back in august when I received a letter from the DWP informing me that I owed them £100..The details were sent to my self using my maiden name and the letter basically said that I had been contacted before and if I ignored the letter court proceedings would follow.. I wrote back informing them that I knew nothing of any monies owing and that there details must be incorrect as I have been married for some time. But I asked for the details of the claim. They wrote back eventually with the details the debt is for a £100 social loan taken out on the 6th april 1994 and that they would take me to court debt collectors Bla Bla Yep you read that correctly 1994 ! I have written back to them stating that i would like to see the original document.. as I have no relocation of a debt that would be at this moment 19 years old. they have since written back starting that they are not obliged to send me the copies of the original forms.. Im not quite sure now how to proceed ? I know its not a massive amount of money but I slightly begrudged to pay of a debt that I cannot recall especially after such a long time also extremely unimpressed with the DWP handling of this as they are still threatening me with private debt collecting agencies after I pointed out the fact in my last letter that the debt should by statue barred..
  9. 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
  10. 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.
  11. A friend of mine received a statutory demand from Lowell Portfolio for a Loyds TSB credit card that she had some time ago. The letter/demand is dated 24 September 2013, however they wrote again giving her until 5 November to send them a reply. My main query is if this is a real statutory demand or a scare tactic - they served her the letter/demand in person. My friend sent Lloyds a template letter asking for a true copy of the credit agreement. She has sent this letter a few times over the past 3-4 years and no agreement has ever been sent back to her. The debt is allegedly £10,377.20. Any advice on what she should do?
  12. 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.
  13. hi,i received a stat demand from bw legaL regarding two lowell acounts firstly can they join two accounts together to make one some part of the stat demand has been deleted which would notify me of my rights to seek legal advice, does this mean it is not valid and are they allowed to stamp the envelopes stating they are a debt collection solitor, i have missed the deadline for setting aside and have arranged to pay monthly but i regret this now and was only done because my partner was so worried ,i think it was just a scare tactic, i have now sent a cca request for both accounts to lowell and bw legal and sent a much lower full and final settlement offer to them aswell but i doubt they will accept it i also sent a letter to the oft regarding the above, am i doing the right thing or should i just pay my monthly payments,
  14. Hi, Can someone please help with this issue!!! I received a letter from my mortgage provider, stating that they had received a letter from my Ground rent company,showing that I was owing arrears for 2 years. The letter included various copies of the Ground rent company's correspondences to me. I never received any of these demands and on close inspection, noticed that all the letters had been sent to my previous address. I have previously been receiving letters from my Ground rent company at my current address and know that they in fact have my current address. They have now added charges to the amount owed because of a lack of communication from myself. I do not believe these charges to be warranted and would like some help with writing a letter to them stating this, and if there are any acts or laws that they are breaking by doing this. Thanks in advance.
  15. Well, I've had a few years off this lark, then out of the blue I get served (correctly, by hand) a SD. So here we go again. SD dated 15 Oct, served through BW Legal 18 Oct ... set aside needs to be handed in to court by 5/11 I phoned the helpful Cap One on 0115 843 3792, option 4, last payment received April 08 and there are default charges made up all of £12 charges totalling just under £300 excluding any interest. This amount is around 10% of the total claimed; the Cap One operator said that they are defending all £12 charges levied so no offer made. 19 Oct CCA request to Lowells, copy to BW Legal - 12+2 days takes us to today 2 Nov. 19 Oct SAR to Cap One Nottingham, address given by phone operator. I have read many of the threads on here on this subject, and have comlpleted Form 6.4 Set Aside and 6.5 Witness Statement. If the CCA request documentation doesn't arrive in the post today, Lowells are in breach of S77(6) and I will submit my application into court this afternoon. WRT 6.5 Witness Statement, I've taken 42man's excellent and often repeated suggested text and, as he requests on the individual threads, taken time to understand it and tidy it up a bit. If you don't mind, I'd like to paste below how I intend to submit this as it wouldn't all fit on the downloaded form 6.5 as it was. I'll copy this out in a separate post if that's OK.
  16. hi all am after a little advice as i dont know where i stand.. i was looking for a loan last week and needed it fast so looked at payday loans(stupid i know) so came across cash on demand i filled the form out on line and at the end they said that my application had been declined so i left it at that..my bank statement came through this week and this cash on demand have deposited £100 into my account. i am left a little confused as i was declined can anyone shed any light onto this as i was under the impression that when they say declined that mans i can not have a loan with them????or am i missing some thing here? many thanks all
  17. 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.
  18. about 6 months ago i had a flat but due to health issues as i suffer with depression and anxiety i now i have to have tests done for austism i had a council tax benifit claim running but when i left to move back in with my parents they charged me for everything around the 700 mark i have a court date in a few weeks but i cannot attend as i dont live in the same area i am about 3 hours away i am having a council rent overpayment being took out at the moment at 4.45 a week till febuary but if they take the attactment of my benifits out how can they take a week legally i am on esa support rate i cannot attend court as i cannot defend myself anyway due to heath issues can anybody help me
  19. 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.
  20. 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.
  21. 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.
  22. Dear all, thank you for the very helpful information I have been getting on here. I was served with an SD by the lowlifes (lowell) end of January 2013. I quickly requested for a CCA under CCA 1974. I applied for a set-side and a hearing was scheduled for today, I attended the hearing their representative came with nothing and asked for an adjournment to which the DJ agreed. I used the template on here to challenge the SD in my witness statement. Till today they have not sent a single piece of document that I asked for in the CCA request. In his application for adjournment the DJ asked him to be clear why he wanted an adjournment, he did not have a clue why he was asking for it. Nevertheless the DJ granted it but she made a Court order ordering them to produce all the information I asked for in the CCA and evidence that they served the Notice of Assignment onto me. Now, I am new to these sort of things, do I have to do another Witness Statement? or wait for directions from the court?
  23. Hi, Can anyone give me an address at Amex that I can get hold of the corporate T&Cs? Basically, here’s the story: Whilst I was in my previous role for a large company, I had a Corporate Amex card. Due to various personal issues (mainly gambling and alcohol related) I ran up a debt of £19500. I have seen been fired and the company I worked for passed the debt on to me. I received various phone calls from Amex and Brachers regarding the account but as usual buried my head in the sand. I’ve now received a Statutory Demand and am in the process of s*****ng myself. I have rang up Brachers and made an offer to pay which is being reviewed by Amex but what I’m now concerned about is that if it’s rejected they’ll continue with the bankruptcy route. I have my own house which is around £15000 in negative equity (mortgage plus secured loan) and is the house I co-own with my wife, and we also have a 9 year old son. Will I lose it? Also, is it legal for a Company to place a corporate card debt on to an individual? Not reading/remembering the agreement I signed at the company, I don’t know if it said or not they could do it. It is the type of card where I put in expenses then paid off myself. I’m absolutely petrified about what’s going to happen and don’t want to lose my house, wife and son (which I will if it goes that far!!). I’ve offered to pay £300pm until April then £400pm until the balance is paid, hoping and praying that they accept the offer. This keeps it to repay in total to 59 months, plus I’ve offered to pay my annual bonus of £1200 - £2300 gross directly off too. Can anyone please give me some advice on where I stand? Do you think I should speak to Amex directly about my offer? Many thanks, Steve
  24. 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?
  25. 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.
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