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

This is in reference to a violation of the Companies Act. I was fined at Cardiff Magistrates Court (Companies House are based in Cardiff) last March because I failed to return the annual accounts. I only found out about this two weeks ago when I received a letter from Marstons. This is because Companies House had my old address. I have already paid the court fine plus the bailiff's fee (£300 total of which £85 was the bailiffs costs). I have read about making a Statutory Declaration and am seriously considering doing so next week (within the 21 days). I have a few questions about this procedure. I understand that I just select a Magistrates Court which looks suitable, call them, and arrange an appointment, then complete the form (I assume this is a specific form?) and swear under penalty of perjury to tell the truth, and simply read from the form in the Court. I pay £5 for this Is this correct? Then I believe that it is the responsibility of the Court to contact Cardiff Magistrates Court? I am also wondering if there are any downsides? The reason that Companies House did not have my correct address is because I forgot to update it. In other words - it was my fault. Also, presumably they will re-issue the summons? Would I then have to appear in person in Cardiff (which some distance away since I live in London)? If I decided to plead guilty then what would be the point of filing a Statutory Declaration next week? Thanks!

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 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 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 !!

Hi - I'm a new user here, I don't really understand forums but am desperate for some help and had been looking at a similar thread re. the LSC registering a Statutory Charge after 14 years but that has not been commented on since 2010. Unfortunately, I have a deadline coming up on 2 November so thought I best post a new thread due to the time constraints! I would really appreciate any guidance or advice as this is becoming very worrying and stressful now. This is going to be quite complicated to explain but here goes... It's a very long story but my parent's had some issues when they got into difficulty with their mortgage payments and had to attend a number of court hearings, paid for by both themselves and Legal Aid. So they did receive Legal Aid back in 1991 - but did not recover or preserve money or property as a result of that Legal Aid (property already preserved prior to Legal Aid being issued – Legal Aid was subsequently issued to take counsel’s advice re. a counter claim, and never actually took place). My father has since passed away and my mother and I now own the property. We (my mum and I) received letters (B136 Notice) from the Land Registry dated 8 August 2012 informing us that they had received an application from the Legal Services Commission (LSC) to "register a restriction in the Proprietorship Register" of our property as a Statutory Charge has arisen in it's favour under either under the Legal Aid Act 1988 or Access to Justice Act 1999. The letter stated that the Land Registry relied on the LSC's statement and had no further details of how the charge arose in this case. We were instructed to either Object to the Application or Consent to it before 12noon on 30 August 2012. We sent replies to Object to the application on the grounds that:- 1. The LSC are out of time under Section 20 of the Limitation Act 1980. 2. The LSC said that the property had now converted into Registered Land status from Unregistered land but this was not true and evidence was provided to prove this. 3. Statutory Charge does not apply as my parent's preserved the property at their own cost prior to Legal Aid. There were then a few letters back and forth, with us providing more information and the Land Registry saying they would put our objections to the LSC (although they haven't been passing on much info in our direction). We were then asked if we were prepared to negotiate, to which we agreed. The correspondence has now culminated in a letter from the Land Registry dated 12 October noting that whilst we are prepared to negotiate, the LSC are not and we now have until 2 November to withdraw our objections or the case will now be referred to the adjudicator! It feels as though our valid objections are being constantly overlooked (i.e. we have put points forward but time and time again they don't refer to these in their responses and in fact state things which we haven't said!). We are now really concerned as know that once the case is referred to the adjudicator events are completely out of our hands and we will start incurring costs (which we can ill afford – my mother is retired). We just have to trust they are not working hand in glove from the lack of information and clarification being provided when put forward queries. Any help would be much appreciated. (Incidentally, I notice that some messages mention you will get more help by posting in a sub-forum but I am unsure how to do this / which would be best?) Many Thanks.

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, Just looking for some advice on something. I have been in my job for 6 years 37.5 hrs per week, for the first 5 years my holiday starting on the 1st April and ended the 31st March ( 12 months) my entitlement is 25 days & bank hols. - all pretty standard so far. This year they have changed the holiday year to start on 1st Jan 2013 and run to 31st Dec 2013, this is where my question begins: In order for them to do this in 2011 my holiday ran from 31st March 2011 to 1st April 2012 25 days entitlement (12 months) Then on the 1st April 2012 to 31st Dec 2012 I got 18.5 days pro-rata entitlement ( 9 months) Then on the 1st Jan 2013 to Dec 31st 2013 I got 25 days entitlement (12 months) My issue is with the allocation from April 1st 2012 to Dec 31st 2012 (9 months) as full time employee is it not my right to be entitled to 25 days holiday per year (12 months)? I can't quite get my head around it but in some way I am sure I am losing out here. Any advice is welcome Thanks

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

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 My daughter has been renting a property for just over 6 months. She has now chosen to go to another town. The original tenancy contract was a 6 month contract which expired on the 18th November 2012. After asking the landlord how much notice she had to give, the reply was one month, as although nothing was stated in the original contract, I have been lead to believe that this then automatically goes on to a Standard 'statutory periodic tenancy' The issue that has now come up, is that my daughter has now found another property,and therefore gave the landlord one month's notice, as of the 23rd November 2012. She has paid her deposit on the new house, and her contract starts on her new house on the 14th of December 2012 (to give her a week to move in). The landlord has now come back and said, that the one months notice has to be as from the 18th December 2012, as the 18th of the month is when the old tenancy contract began, which results in her actually giving her 8 weeks notice. Where do we stand? Do we have to do as the landlord is stating? Hopefully not, as my daughter has not got the extra month's rent, and we all know who will be paying it ( I love you Mummy & Daddy ). If this is the case, and we do end up having both properties for one month, how do we then stand in that the 'old' house will more than likely be left empty during this period. Thanks in anticipation of your response:???: Regards Jon Sandalls

Hi, My company has been issued a Statutory demand by POST by a company that provided us Professional services. We used them for 2 + years. We used to use their services and they would bill us for the time spent. We would request them for some work and they would bill us in good faith that was the arrangement so no confirmation/approval of time spent was required The last two invoices were ridiculously overcharged for the last invoice we asked a break down of the time spent on each of the items. What we got was a vague scribbling of the time spent. I did not dispute it but since some of the same items appeared on previous invoices I asked them for the previous invoice breakdown as well. My hope was to question them when I had all the break downs. They did NOT provide me with the breakup of the past invoice. We had paid all their invoices but the last one where we paid approximately 40% of the dues. And were waiting for more information before we could pay them. They waited for a couple of months and now sent us a Statutory demand. So my question is we dont have any formal agreement with them and have not disputed their invoice they hope was we could settle it once we got all the breakdownsp a nd settle it and not use them in the future. But now since we have this SD what should we do. In reading through some of these posts it seemed like a SD to threaten, they allege we owe them 2000.00 GBP approx but according to us because they overcharged us we have actually paid them more. Now I would like to know from the experts on here how do we respond to the SD as there are no details of the court on it. And how do we dispute this.

Hi, Newbie here, I've recieved a statutory demand for an old debt over £750.00 which is over 6 years old with no acknoledgement or payment within the 6 year period. I've had statutory demands before but never ones which were hand delivered. I intend to respond to the statutory demend with a Statue Barred letter, depending on the response I will then set aside at the local court, request CCA and breakdown of account. If they can produce the CCA and the breakdown, I will then make a decision on what, if anything I should pay to avoid court. Any advice ? Am I doing things in the correct order. Many thanks Balok

As requested I'm starting a new thread for this... I'm applying to have an SD set aside - see my other thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?292896-Lowell-CRA-s-amp-Searches...%283-Viewing%29-nbsp I'm using the following reasons - do they sound ok? A – I have already been chased for this alleged debt by Lowell Portfolio who later admitted the debt was not mine (See Attachments) B – Capquest & their agents Mackenzie Hall have been chasing me for this alleged debt and despite my writing to them on several occasions enclosing copies of the correspondence from Lowell, they have ignored me. (See attachments) C – The Statutory Demand is dated 9th May. I did not receive it until 18th May. By letter dated 17th May, Mackenzie Hall offered me a payment plan to clear this same alleged debt. D – Clearly neither Capquest nor their agents are speaking to each other – the conflicting information I am receiving shows this. E – Capquest are using the issuing of the Statutory Demand as a Debt Collection tool which I understand is not correct. Thanks for any advice

In February this year my wife died suddenly and I took sick leave immediately because I have an 11yr old stepson who needed me to be there for him. After 6mths it became obvious that I was not going to be able to return to my previous employment, the problem has been that my employer has been very reluctant to pay the SSP (£85.85) per week or provide me with my P60 and in May I had to go and sit in their office until they gave me my P60 and some money £1640.00 in total which was still not the full amount owed to me. Even though they know I'm not going back to work for them they are now being awkward about providing my P45 and the balance of the SSP owed or my accrued holiday pay. I'm thinking of taking them to the Small Claims Court to recover this money but I'm not sure if this is the right way to go about it Any help or advice would be greatly appreciated. Regards Dave Penn;

Hello ! I`m a 23 years old full-time student in London. I own a motorbike for nearly a year now. Had no problems, but recently my previous landlord contacted that I have still incoming mail. That was two statutory declarations (issued on 9th of October) from Islington council for driving on a bus lanes. Penalties were issued on 04/23 and 04/26 in exact same spot on my daily run to my work. They require me to pay in total £404. Even if I had a money to pay I am too late, because I had 21 days to do that. They are threatening me in a letter that i might be fined or jailed up to 2 years, or both... I know that I made mistake by not updating my address in DVLA, but I have changed my location four times this year . Help ! I feel desperate now, if i knew about it straight away I would've paid £65 each or tried to appeal. Thank you ! Ernie

Hi : Please i would like some advice on outstanding Debt of £1000 which is from a private international college which is Bogus college and had ruined the future of a lot of students . I have paid £2500.00 fee to them but the total fee was £3500.00 for one year but out of 300 student only 280 student left the college and i have left it one year before because none of their previous student got any certificates from them . Now after one year i got letters from Debt Collector . I responded to them and send the report of home office about the college to them which is unsatisfactory and also told them at start we did not knew about college reputation but we went to the college it has only 2-3 rooms no library no administration . But the Debt collector just replied that i have contract with the college and i have to pay the Money which i told them i dispute . Now they post a Statutory Demand of Bankruptcy proceedings. and they said i have 18 days.

I have received a Stat Demand under the Insolvancy Act and I'm really not sure what to do about it. It is for a Lloyds TSB credit card which was sent to me with my current account I held at the time, due to a marriage breakdown I found myself on benefits in 2006 and I spoke to the card company several times asking them to freeze the account and allow me to make reduced payments as I was no longer in a situation to either use the card or to pay the hefty minimal payments, they refused and the amount owed through interest steadily climbed to over the card amount allowed. The card company was taking the minimal payment from my account each month against my wishes making me overdrawn and costing me even more in bank charges, I kept requesting they stopped this and froze the account, my bank refused to stop allowing the payments to leave my account and were charging me around 60 to 80 pounds a month in charges. No one would listen or help. This went on for a year until July 2007 when I really couldn't cope anymore financially and I removed my account to another bank. I told both the card company and the bank that I would no longer pay them until they were prepared to help me a little, again they refused. Since then I have not paid them anything and ignored any letters from them or debt collectors thinking they would take me to court under a basic ccj, I thought at least that way I could agree payments terms. Sadly I was wrong and this Stat Demand has landed on my mat. I own my home under an interest repayment mortgage, I am on a disabality benefit due to a chronic illness that has led to unrepairable nerve damage and I have two dependant children aged 7 and 11. I don't have the means to pay the debt outright as it has now reached nearly 3000 pounds (rounded up) and the two pound in my savings account isn't going to help me greatly. I really would appreciate any advice that may help me deal with this problem as I don't know anything about this side of things and I am terribly worried that they can make me sell my home which I co own with my ex husband. Red

Everything coming up for statute barred at the moment? Out of the blue, I have received an SD from 1st credit for an old RBS/Halifax credit card... Have to pop out tonight, but had a quick look through other SD posts eek! More details tomorrow.

I have today received a Statutory Demand via First Class post with an amount that has left me in shock. The following are the images of the demand . http://i161.photobucket.com/albums/t217/flyprince1/IMAG1409.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1410.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1411.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1412.jpg I had totally forgot about this payday loan which i do not remember the amount which i think should be about £150 or £200. I have had no contact with these people at all since 2009. I have not requested any documents or statements from them. I am in total panick I dont know what to do. I have tried to read other people's posts here but my circumstances i think are different because i have not offered to pay before or dispute the loan. I did not receive any default notice. PLEASE HELP BEFORE I GO CRAZY!! THANK YOU.

i have been served today with the a statutory demand, by 1st credit, trading as connaught collections, and given me 18 days to reply to the notice sent recorded delivery, and demand for payment of £3800 , this is a credit card debt, which was placed in legal dispute with bank of scotland 2 years ago, after i had the account audited by a claims management company, it would seem the bank of scotland have sold the debt on yet again, But this is first time i have been issued with this, my problem is i can no longer get any contact from the claims management company and i am in a real panic over this, and i really not sure what to do next, i would be very grateful for some advice, as some say the statutory demand is another form of a threat, but i am taking this serious, as they advise me i have to apply to the courts,

I have just received a Statutory Demand from First Credit for £3000. I do owe the money and due to life circumstance have been to ill to deal with my debts. I own my home with some equity in it. What shall I do I don't want to be made bankrupt.