@barclaycard Barclaycard

[cassie53]

Hi, got home saturday from grandsons birthday party to find a hand delivered order for substituted service for a sum of 945,

from barclay card for my husband.

 

He has been binning the letterse etc,

but does not remember a statutory order coming, (but he may have binned it).

 

The Petition is adjourned (did not know about it in the first place, and he said he would have dealt with this, as it is really serious if anything had come)

 

so I am in panic, do I go around with cap in hand and get the money,

if we phone them to payin full would they reduce the amount?

 

What do I do, now I know about it. Cannot sleep

 

Any help please.

[cerberusalert]

Moved to the Debt Collection Forum.

[Tootles1971]

can you give a bit more detail about the debt? When was the last payment made, and how is the amount made up? There may be charges etc that can be reclaimed. Do not speak to Lowell in the 'phone, do everything in writing. To start with, work out how much you could AFFORD to pay towards this debt. Do not be bullied into paying money you cannot afford.

 

You say your husband has been binning letters......were these from BC or Lowells?

[cassie53]

The debt originally was about 400 pounds as that was the limit, the last amount paid in 2007/8 and it was then bought by lst credit which wa then as of 7/11/2007 948.32. Just feel so thick, as I just don't know where to go to get information, as it seems everything I read don't sink in, my brain just don't take it in.

 

Thanks so much

[unclebulgaria67]

It would interesting to you how the debt has increased above £750, the amount above which they could go for bankruptcy. I suggest requesting proof of the debt amount, with full calculation details of any interest, charges or fees that have been added.

 

If you are able, you could pay enough to bring the debt below £750 and that would put an end to any hearings. Though I am not to sure about how the status of any current court proceedings would affect this. Perhaps others will comment on this.

[2Grumpy]

Send a CCA request to ensure that this is enforceable too

[cassie53]

Hi,

also thinking back, we have not receiving any statutory demand in february as stated in the order as it stated the demand was served upon the debtor by a Personal Service, never nothing has been delivered here, and my husband said it would have scared him, so he would have showed me. Also, on this letter from the course it is all photo copied, and where it tells me what I should do, the county court addressed has been stamped on it so it is really difficult to read, in fact impossible to read, and the only thing you can see if .....if you inted to oppose the petition you must not later tha 7 days before teh day fixed for the next hearing, also the endorsement says this petition having been presented to the court on 16th March 2011 it is ordered that the petition shall be heard as follows .... date 5th May ....... how comes we did not hear about this before!!!!!

[harrassed senior]

So, am I right in thinking you do not know the name of the Court,

 

Where did this come from, which DCA. Personally I would send a Special Delivery letter to them confirming this is the very first you have ever heard of this matter from them. Request the name of the Court. As you have yeard nothing from anyone about these proceedings it is probable you would be able to get them set aside anyway.

 

Follow the other advice too, and try not to panic, and never telephone them insist on everything in writing so that you have a papertrail. If an SD is granted and is not followed by Bankruptcy in I believe 14 months, then they have used this as a method of debt collection and they have, yet again broken the rules) Don't bother about the reference to BR but this is a measure of how they threaten to frighten even on a comparitively small amount!.

[debtinfo]

be carefull, lowell will make you bankrupt for a small amount unlike many other DCA's, they are already at the final stage of petitioning and they dont usually back down

[teaboy2]

If no statutory demand was received then that's a complete defense for set aside, which will basically put Lowell back to where they were prior to issuing the so called statutory demand on you. If it was served by a personal service they would have needed your signature upon it being handed to you in person, to confirm you had been served with it, so if they dispute your claim the SD was not served get them to strict proof that it was served.

 

Also as others have suggested SAR lowell's (maybe CPR them if this is going to court) and find out what charges and interest has been added by them and 1 st cretins and reclaim them, this will lower your debt back to the original amount owed to the original creditor, also reclaim charges that the original creditor has added too. Without those charges topping up the balance then they can not proceed with bankruptcy.

[cassie53]

HI,

 

It was causing my husband to be ill (and not good health anyway) so phoned national debtline who said to pay the amount (or as much as we could) nto the court, which would make the debt under 750. Phoned the court who would not accept any money, but who admitted that we were indeed due to attend court on 30th June. So got back to national debline who said pay lowell the amout stated on the court letter, and fill in the form 6.19 and contest it, but still appear on the 30th. So that is what we have done, sent a check for the 948.92 asking them to send us a receipt, plus we will still fill in the form. But now I am thinking (as my husband phoned them and they wanted the 948.92 plust 500 pounds for court charges, and they would setting for 1500). What if they do not accept the check, what happens then. We have photo copied everything and sent it recorded delivery. But it has really made my husband ill, I know it is his own fault, but it has taken its toll on him. Cannot thank everyone enough on this site, and if anyone has anymore advice, please let me have it, as it has been so helpful. Many thanks

[teaboy2]

You need to apply for a set aside at the court, so fill in form 6.4 and send it to the court Click here to Download an application form to set aside

 

Reason for set aside is simple - you did not receive a statutory demand and the debt is in dispute, A court will automatically put halt to any bankruptcy proceedings upon hearing the debt is in dispute.

 

The following threads will help you with applying to have the SD set aside:

 

http://www.ukbusinessforums.co.uk/forums/blog.php?b=184

http://www.consumeractiongroup.co.uk/forum/showthread.php?112326

 

DO NOT PAY LOWELLS ANYTHING AT ALL, YOU HAVE A COMPLETE DEFENSE TO HAVE THE SD SET ASIDE. The £500 extra they wanted in court costs can only be awarded by the courts anyway, so that's their expense for messing up on the legal proceedings i.e. failing to serve the SD on you or your husband, so its for them to pay their own costs not for you to pay it for them. And tell Debtline form TEABOY2 to not give out such shoddy advice in future or they will become just another DCA buddy and will be treated as such.

[cassie53]

HI, just an update. We paid the 948.92 s I said. On Friday last week we had a phone message left by Lowells to ring them urgently. We ignored them, as thought they either have the cheque or not. But yesterday yet another urgent phone call to ring them, phone the debtline and they said speak to them to see what they had to say. So couldn't get anyone last night, so my husband spoke to them today, and they want another 500+ pounts (it amounts to 1500 overall) for court costs then they will drop the bankdruptcy claim. My husband said he wants a letter explaining the charges etc. They still have not cashed the cheque. Have not got the extra 500 pounds will have to lend it plus we have left the mortgage this month, but the bank have let it go out the bank, so we now owe the bank the mortgate money, we are getting into such a mess. Help. What to do. Do we take a chance that go to court and will not have to pay the money.... what to do....! National helpline said if we go to court we could still be made bankrupt if we have not paid the charges etc. What a mess. Any advice... thank you.

[clio2010]

did you do a cca request?

[Tootles1971]

Don't 'phone the DCA again. I know it's hard not to panic, but you need to try and put the panic to one side. All they want to do is get as much money out of you as possible. Do not send them any further money. You have sent them an amount, but have you checked that what they are telling you is the amount owed is actually correct?

 

If I sent you a letter demanding x amount you would tell me just where I could stick the letter. Treat them much the same. There is a process for these things, and they are apparently not following it correctly. Let the guys on here advise you. They have years of experience and knowledge in this field.

 

Nobody here wants to avoid paying debts we owe, but also we do not wish people to be paying these fleecers money that is not owed.

 

Sarah

[cassie53]

no, as was confused as we had paid the 900+ so was admitting we owed the money, should we still do that?

[teaboy2]

You should not have paid anything to them, cancel the cheque!

 

Then do as i suggest in post 12, once they get your application to set aside the muppets will withdraw the Satutory Demand, they have no intention of making you bankrupt as they know a judge would throw out their claim doe to all the charges they added on to the account which took you from £400 to over the £750 minimum required for a bankruptcy petition to be made. They like many other DCA are abusing the banckruptcy process by using SD as a tool to for debt collection which they are not suppose too.

[unclebulgaria67]

Suggest you get some urgent advice from CAB or insolvencyhelpline. Lowells appear to be acting totally without regard to the rules of the OFT and the CSA. If they believe a debt is owed they should provide evidence of this and how it has been calculated.

 

http://www.citizensadvice.org.uk/

 

http://www.insolvencyhelpline.co.uk/

 

I think you really need to speak to someone, as posting back and forward, does not appear to have pointed you in direction which you have then followed.

[rockwell304]

You should not have paid anything to them, cancel the cheque!

 

Then do as i suggest in post 12, once they get your application to set aside the muppets will withdraw the Satutory Demand, they have no intention of making you bankrupt as they know a judge would throw out their claim doe to all the charges they added on to the account which took you from £400 to over the £750 minimum required for a bankruptcy petition to be made. They like many other DCA are abusing the banckruptcy process by using SD as a tool to for debt collection which they are not suppose too.

 

100% agree - cancel the cheque if there is still time! You have been bullied and mislead by their threats and intimidatory actions.

[42man]

Costs have NOT been awarded....if you were now to go and dismiss the petition due to an abuse of process or other very valid reasons then THEY will be paying your costs... you are very lucky that the last case was adjourned as a judge could have allowed the petition to go through....then you would have found out that you were bankrupt with a letter from the Official Receiver and your bank accounts stopped.....it seems you have been frightened into paying this and if it was me then I would certainly stop the cheque.....more importantly you have not seen any statutory demand. First things first.....you need to go to the court and get ALL the paperwork in the folder. Also if there has been an adjournment then Lowells HAVE to have served you with an affadavit of contiinued service !! by paying does not necessarily make you liable as it seems you were plainly frightened into paying without knowing more about the debt....send off for a copy of your agreement (called a CCA request on here) send it recorded delivery to Lowells, they have to provide a copy of the agreement within 14 days of your request which will be WELL before the BP hearing.....It sounds like there are a substantial amount of excessive charges which in all likelihood would take the amount well under £750 ALSO you need the agreement and statements to work out if there is any potentially missold PPI too......you need that paperwork from the courts....get it ALL (including the affadavit of service) you will be charged a small fee for copying....the fact that you have not seen any statutory demand should be enough to get it set aside....please let me know when you have all the paperwork...you should certainly fight this

[42man]

If you need help please shout....

[cassie53]

Hi,

Just got home from work and read all the replies, too late to stop the cheque as it has already come out of the account. (just looked at the account). Now where do I stand when he goes to court? Can they still make my husband bankrupt for charges? (which we have asked for).

thanks to you all you are all such a lifeline

[42man]

Unlikely they will make you bankrupt for a figure below the threshold.....however as you have pad them and admitted the debt without any kind of dispute then the judge will probably award them costs.

[twoman]

Lowells really are **** bags, this just makes me sick to think they are probably sitting behind their desks thinking got another mug to pay up lets turn the screw even more and who's next on the mugging list.

 

The OFT/Government really needs to get to grips with the DCA industry.

 

The day will come when these will be put to the grave.

[BRIGADIER2JCS]

Unfortunately the time wont come until the vast majority of those who are

genuinely suffering from the horrendous onslaught of harassment by the DCA's

stand up and fight as the Caggers do!!

I have no time for those who aquire credit/goods/services with no intention of

paying for them or knowing the have no prospect of paying them. (End Rant).