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

[citizenB]

Hmm, are you counter claiming for the charges or putting in a separate claim? I would think any spreadsheet and request for refund would go to the original creditor.. I think you might need to wait for someone with more knowledge on that.

 

So, the credit card had a limit of £200.00 and the amount that is being claimed is £1300.. THIRTEEN HUNDRED !! That is a lot of charges for sure..

 

I dont want to give you false hope, but not all of these do end up in court, if you submit a well prepared and researched defence/affidavit then the claimant might decide to discontinue. Sometimes they leave it till the very last moment and just dont turn up at court.

 

If it does progress to a hearing, it will be a small claims court and will be held in Judge's chambers (office) or a smaller room .. not a court room with docks and handcuffs. As long as you are respectful and state your case clearly.. then there is little to be scared of

[khemist]

Thanks citizen preparing relevant letters now - whilst I do this on monday do I wait for response? what about the 18 days countdown? does the weekends count?

[citizenB]

Thanks citizen preparing relevant letters now - whilst I do this on monday do I wait for response? what about the 18 days countdown? does the weekends count?

 

it is calendar days, yes.. sadly the weekends are included in that Still it will give more people time to pop in and see you before Monday.

[khemist]

Thanks again you guys have kept me sane!

 

When this has been put to bed - I cant wait to help out, over the years I have dealt with various situations for myself and others... Parking - M.I.D. database claims and successfully winning 3 cases for damages to genuine personal injuries whilst out walking.... I am not a legal begal... I just understand 'its not what you know - its what you can prove' been out of action for some time now, however this situation has reared up some feelings and I simply must win!

[khemist]

I have just read - you need to send £1 with the CCA [thanks for correcting me] is this correct?

[dx100uk]

certainly is

 

dx

[khemist]

I will post this here [forgive me if I posted wrong] I believe relevant to this forum! and my situation.

 

This forum is based on anonymity and being a coder programmer

I know over most how information is gathered on the net...

so I recommend to all to look at the TOR network

 

- install and use

- its free and I am not affiliated in any way

- its just very clever!!!

 

it effectively splits all data from your machine into tiny encryptions spread through the tor users network when end destination is reached it de=crypts

- what does this mean to you?

 

it means all transmitted data albeit wireless or fixed wire, is split so no one can ever collect the 'complete story' while snooping or for logging info purposes,collection agencies or otherwise..

. every time you visit a web page a footprint is left - and is almost certainly used against you for the purposes of marketing and/or otherwise!

 

If you need info just ask... hope this helps all!

 

ps. you should all be behind a proxy server too!

 

khemist

[khemist]

Hey dx thanks for last night assistance..

[dx100uk]

been watching since you came back

 

nice to see i did get it wrong!

typical!

 

dx

[khemist]

You did not get it wrong -just my timing is lousy and I have too be precise and do all the things posted - super quick!

[The Mould]

Good evening Khemist

 

 

You need to fill out forms 6.4 and 6.5, click on the links and the contents therein and the text below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED

 

http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

Have a read of this, courtesy of 42man;

 

Sending a statutory demand like this is a gross abuse of process.....please make sure you report them to the OFT as this is in direct contravention of their most recent guidelines....

 

Your defence on your witness statement should read like this

 

The defendant avers that the demand is for a debt that is is statute barred pursuant to the provisions of section 5 of the limitation act 1980

 

1) The defendant avers that the claimant is committing a gross abuse of process by not having made any attempt at any kind of personal service and simply posting the demand via second class post. I refer to the authority of

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly.

 

In light of the frivolous nature of this demand the defendant gracefully requests the judge dismiss the demand and in light of the distress to myself and my family at having to deal with this the claimant request the judge grants costs in the defendants favour (in the indemnity or standard) I refer to -

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection ..... the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

Make sure you present the 6.4 and 6.5 within 18 days of the arrival of the demand....keep the envelope and your costs need to be in court so that they are in the case file at least 24 hours before the hearing....(but we have time to sort this out)

 

Also you MUST report this multiple breach of the OFT's guidelines... too especially so as their guidelines have recently been updated to mention statutory demands and statute barred debt....

 

c. creditors failing to identify to prospective debt purchasers debts known to be statute barred

 

stating or implying that debtors may be the subject of court action for the sum of the statute barred debt when it is known, or reasonably ought to be known, that the relevant limitation period has expired.

 

n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts

 

Kind regards

 

The Mould

Edited January 30, 2012 by citizenB
Replaced broken link

[khemist]

Thanks - The Mould

[khemist]

Hi Mould 1st link is broken.

[khemist]

Hi guys some more info regarding my post.

It has come to my attention that any credit card I ever had, all bills were paid by cash in the bank using the slip on the bottom of the bill. I think this means a paper trail on lowlifes side would be pretty thin!

Also I don't believe I ever signed an agreement for any credit cards and if I did it was in 2002...

 

Now I have weighed up my options and I believe I can go with the statute barred angle.

My question is: as a defense as well as statute barred, would - 'I know nothing of this debt at all!'be helpful?

would this then mean a backward and forwards process with letters SAR/CPR/CCA etc?

How quick do you get court dates? with this tactic I hope to absolutely make sure time is closer to default date which was feb 07 - do you think its just flannel or a possibility?

 

Shall put on the court forms 'I do not acknowledge this debt' debt is in dispute?

 

Thanks guys

 

khemist

[khemist]

Would there be a point in me calling the named person on the sd and state I know nothing of this debt?

Or shall I just send the CCA / SAR and or CPR to the relevant people and the set aside 6.4 and 6.5 to the court and wait?

[citizenB]

Yes, that link is broken.. I will try and find out why.

 

Hmm, if you do know what the debt is about, then I think saying you dont is a risk. The only denial you could make I guess would be if (and only if) you were never advised of any assignment to Lowells, in which case you would be unaware that the account had been sold.

 

I believe dates for SD applications are quite quick once the paperwork has been submitted. Might be worth having a look at a couple of other threads and seeing what the time from submitting to court date is.

[khemist]

The only way I knew about the debt was when I got the SD paper which then said the OC was capitol One,

of which I did have back in 2002 till 2005 summer when I stopped using it!

and no I did not know who lowells were until putting this together,

 

the first letter I got which was hand delivered was from lewis investigations,

for the past 6 years any letters sent to my home address was sent back by my wife

- not known at this address which was true!

 

I have been living from pillar to post since jan 2006 and have just gotten back with my wife xmas gone, then this happens!

No doubt she must wonder if its worth it...

- I came back and now they want to bankcrupt me and take her and my childs home

- this is why I have been firing questions to gain knowledge to ensure it goes away

- I am not proud of last 6 years!

I have not worked

- I have not claimed benefit

- I am trying to get my life back that's all.

[khemist]

This is why it has been so significant as whether statute barred or not - the whole thing co-insides with my break up, so I can never forget the dates.

My wife has said for a couple of months after I had gone she poss paid £10 once or twice, then she went to the CCS and they advised her not to pay my debts if any, but to send back any letters - quite a few ended up in the recycling box too.

[citizenB]

The only way I knew about the debt was when I got the SD paper which then said the OC was capitol One, of which I did have back in 2002 till 2005 summer when I stopped using it! and no I did not know who lowells were until putting this together, the first letter I got which was hand delivered was from lewis investigations, for the past 6 years any letters sent to my home address was sent back by my wife - not known at this address which was true! I have been living from pillar to post since jan 2006 and have just gotten back with my wife xmas gone, then this happens! No doubt she must wonder if its worth it... - I came back and now they want to bankcrupt me and take her and my childs home - this is why I have been firing questions to gain knowledge to ensure it goes away - I am not proud of last 6 years! I have not worked - I have not claimed benefit - I am trying to get my life back that's all.

 

In which you case I see no reason why you couldnt say that at that time you had no knowledge :

 

Was that the last time you made a payment.. 2005 ?

[citizenB]

If your wife paid monies, I dont think that counts towards the statute barred.. it was the last time YOU made the payments.

[khemist]

Last payments were around now six years ago aprrox. my wife also said any cards at the time were paid cash there is no record of DD or standing order from me to any of them ever.

[khemist]

Do I need to send any money with CCA?

[khemist]

Lowell have never been spoken to in any way shape or form by anyone from my home!

Regarding my name.

[khemist]

A scenario! If I send a set aside based on statute barred and the court grants this: then what happens? does lowell have to argue this point?

also if not statute barred and lowell contest this then what?

if my CCA and SAR are defaulted upon is this game over for me or them?

 

Thanks

 

khemist

[khemist]

Hi I believe a statutory £1 should be sent with a CCA -

 

I have just read this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?173201

Could someone tell me Shall I also send the statute barred letter to lowells now?

 

thanks

 

khemist

Edited January 29, 2012 by khemist