Lowell portfolio - served me SD - HELP!!! *** WON + FULL COSTS ***

[citizenB]

Foggy, make yourself a list of all the questions you want to ask so you dont forget anything. Best of luck and please do let us know the outcome.

[foggy123]

Hello,

Thank you, I will let you know.

I have studied the Vexatious Litigation, and chasing the wrong person for a debt,(me) is also classed as vexatious.So thank you to the person who recently won in Court for sharing his or her ordeal.

I am scared and confident, if that makes sense.

I have my questions ready.

Thank you again for your support.

[khemist]

I wish you luck.

I too was scared and quietly confident, you are in the right place for assistance...

 

khemist

[42man]

moving to legal success forum

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?359367-Go-Debt-Statutory-Demand&p=3922985#post3922985

 

khemist, if you see this, could you please pop in on the above thread and offer some advice to tanglewood - a relative with health issues has been served one of these. It might be SBd that is something we will need to look at.. but any advice through experience, would be brilliant.

 

[khemist]

Happy new year all!

It has been a while since I have posted, I may have posted wrong however since my questions are related - I thought maybe someone may see it.

And it should serve as notice to others of Lowells incompetence.

 

Its not urgent [ quite funny actually.]

Lowells have started with the letters again! wait for it.... The same account I have already dealt with above....

They are threatening a SD again???

 

My questions are: shall I ignore them? Let them send a new SD and go through the process again? Are they not demonstrating the utmost incompetence? is there something I should do now, like advise them or there stupidity [yeah right!] or just sit back and giggle??

Can they actually legally send another SD even after it has gone through the courts?

 

Any advise much appreciated.

 

Khemist

[42man]

Firstly make sure you send their latest correspondence to the OFT. And ignore it, let them send another stat demand and you can go for your costs again....

[42man]

Don't take this the wrong way Khemist, but I really hope they do send you another stat demand

[khemist]

Are 42Man so humorous, Hello sir.

 

My sentiments exactly I just required advice from my Great friends here at the CAG.

This is actually my 3rd letter in the last 3 months from them, when the first came I chuckled so hard almost had a heart attack.

I diligently checked account numbers amounts etc, [already knowing the answer] I thought what a bunch of incompetent fools. surely they must be loosing money if this is how they operate.

If an SD is sent, how far through the process would I need to go to? [fully prepared to go the distance] but would I have too?

Last year this time That letter tore my life apart for almost 6 months, this year the same letter could be a new year present.

For all who read this and get these letters from these clowns [and your situation is/was the same as mine] - please read all info on here, don't panic these guys can assist.

 

khemist

[42man]

IF you do receive another one, then you set it aside....make sure you keep all your paperwork from the previous hearings too....

[citizenB]

Also, it would appear there have been some changes, you dont have to go to the court to swear the affadavit.. you just complete the paperwork and post it to the court

[khemist]

IF you do receive another one, then you set it aside....make sure you keep all your paperwork from the previous hearings too....

 

All paperwork signed sealed and delivered from previous, awaiting some some silly issue just like this!

 

Thanks for info I will keep you all informed.

 

 

khemist

[khemist]

I have just set the time clock ticking.

 

So far its 4 hrs l.i.p. costs....

 

Hey CB - nice to hear from you! x

 

khemist

[khemist]

Hi guys and gals, If an alleged debt is statute barred can a ccj still be issued?

What options are left for a dca?

 

khemist

[citizenB]

Hi guys and gals, If an alleged debt is statute barred can a ccj still be issued?

What options are left for a dca?

 

khemist

 

No, the statute of limitations kicks in. The following would be a proper defence should they try to issue a claim on a SB debt.

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

Once you have told the creditor/DCA that you are not paying because the account is statute barred then they should cease pursuit. Indeed if they continue, then it can only be because they wish to intimidate or harrass you into payment. This is a breach of OFT guidelines - no court would you make you pay because of the Limitation Act so what other reason would they have for continuing to harrass. Thankfully there are laws in place that prevent them from doing this and you could take out an injuction against them.

[DonkeyB]

Hi guys and gals, If an alleged debt is statute barred can a ccj still be issued?

What options are left for a dca?

 

khemist

 

Yes it can, if you fail to defend it on the basis CB has set out.

 

This is how many non-savvy folk get stuffed over by DCAs.

[khemist]

Thanks for info... so even though its gone to court proven SB and proven to be a vexatious claim, they can still issue a CCJ?

 

khemist

[havinastella]

In theory yes.

 

In reality (if you know what your doing) no.

[khemist]

Ok I think I get it.

 

Lowells/red debt are coming in thick and fast - letters phone calls etc over the same debt as before...

 

khemist

[havinastella]

As you have stated, just keep track of all the work you are doing (£18 hr) and HOPE they re-issue

[khemist]

Thanks all once again.

I was checking to see if a CCJ was dealt with differently, or not.

[42man]

They may even issue another statutory demand, it has been known for them to issue subsequent demands (even after the first one has been set aside). Hopefully you still have the previous court decision/order

[42man]

If you do get another one please let us know....

[khemist]

Thanks 42man I will keep you informed.

I do have everything from the last time all boxed with my court bundle etc..

 

Should I start a new thread with this or is it ok to continue on this one, seen as its related?

 

Khemist

[42man]

I would start a new thread but refer to this one, If they do issue a new damend or a court claim it will be a short thread I can assure you.....