Statutory Demand by bwlegal acting for LOWELL Portfolio 1

[chairman]

Hi,

Would appreciate some advice,

 

have just recieved a Statuary Demand by bw legal acting for LOWELL Portfolio 1 Ltd,

 

this alledged debt came from Capital 1 way back in June 2006,

 

numerous debt companies have bought this debt and none have supplied the a copy of the original credit agreement

as requested by me under Sec 78 (1) of the Consumer Credit Act 1974,

all they have supplied so far is a copy of an application form which is a bit suspect?

 

How can I fight this Statuary demand,

by what it says I have to apply to County Court to have it set aside,

but if the company has not supplied what it is required to do,

do they stand a chance in Court,

 

appreciate any help?

Edited July 5, 2012 by chairman
Spelling mistakes

[Amber Leaf]

If there is any kind of dispute over the debt; PPI, charges, no CCA etc then it should be relatively easy to have it set aside but you must act and submit an application to set aside within 18 days. From what I've heard Lowell do persue these so your are at risk of being made bankrupt.

 

Was the last payment you made in June 2006? Could be SB.

[chairman]

If there is any kind of dispute over the debt; PPI, charges, no CCA etc then it should be relatively easy to have it set aside but you must act and submit an application to set aside within 18 days. From what I've heard Lowell do persue these so your are at risk of being made bankrupt.

 

Was the last payment you made in June 2006? Could be SB.

 

Thank you Amber,

 

though this all started back in 2006,

 

a default was not issued by Cap1until Oct 08,

my reply was to ask for a true copy of the agreement under the Consumer credit actb1974,

they were unable to provide same doc,

 

I informed them that they were now in default and tha a judge is not permitted to make an enforcement order, this I believe is correct?

 

Last token payment was in May 06,

Cap1 then sold debt to Lowell in Feb 011 without informing me,

 

I also told Lowell's that as they had now taken this on they were also now in default as they could not provide required agreement,

then out of blue came stat demand?

 

Think I had better get formns complete to set aside,

do I have to go in person to the court or can they be sent by post?

 

Much thanks.

[citizenB]

If you do a search for Lowells and statutory demands - you will find lots of other caggers in a similar situation.

 

If your last token payment was in May 2006, then the debt is statute barred.

 

You will I think need to present your Application to set aside in person. But I will find someone to confirm this.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***&highlight=Lowells

 

This particular thread is similar to yours - statute barred - but they still continued. Unsuccessfully and with a stern ticking off from the Judge.

[42man]

You must get this set aside, you will find plenty of threads on here concerning Lowells and they do continue to proceed to petition stage....firstly you MUST report them to the OFT without fail.

 

When you say you have 'received' it was it served on you in person or simply posted (possibly by hand) through the postbox ? or did it have a stamp or franking mark on it 'do you still have the envelope ?

 

As has been correctly said above, if it has been at least 6 years since you last made a payment (forget about the default as it has been demonstrated that defaults can be marked a significant time after the last payment has been made) then it will be a total defence against the threat of bankruptcy. Be aware that it has been known for Lowells to claim a payment has been made in the attempt to make you think it WON'T be statute barred.

 

You'll need forms 6.4 (set aside) and 6.5 (witness statement) to set aside which you have to do within 18 days of you receiving the demand. It doesn't cost anything to set aside....please don't leave this, if you need some help or aren't sure what to write then please shout

[chairman]

Thank you, understand that I now have to get the forms done to have it set aside, I have a friend who is a former solicitor who is going to help me complete them, will take to court next Tuesday as 18 days are up on the Fri.

 

The Stat Demand was just pushed through letter box, no envelope, no stamp, just forms, last payment to Capital 1 was over 6 years a go, none since as was dealing with them, then in 2011 they sold it to Llowels, not telling me until two weeks after, Cap1 had already written to say they cannot produce the original credit agreement, but still sold debt, hopefully they will not try to use any dirty tactics before then. Would appreciate any advice on what to enter on these forms as my friend has never seen a Stat demand before and it is new to him, but thinks he can complete ok?

[42man]

Take a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

[chairman]

I have just had a call from an old friend who has heard of my plight, he wants to make a payment of £150 to Lowels to get this below £750, told him to hang fire on that until I have asked you guys if this would help me at all, says he will send by reg post, no name, jus POrders just giving my name and address, he is a good friend, but this scares me as I don't know what will happen if he does, I do not have that kind of funds, what do I tell him please?

[42man]

The alleged debt is statute barred...this is a complete defence in itself.

[will lliw]

lol is SH moonlighitng for BW? and must have ran out of envelopes that day then!!!

 

Dont delay OP get that SD filed before the deadline or youll multiply your stress levels by ten for no good reason, i know this as filed mine 17 days late but the service was well dodgy just like yours! You have atleast three solid defences the first geing your previous dispute, Statute barred and also the method of service as mentioned above! So dont worry and get that SD filed before the 18 days are up and dont delay!

[chairman]

Stress levels are lready high, being disabled and on morphine does not help? I am getting papers done and will submit to court nextbTues/Weds latest, am photocopying all letters etc I have to go with it, my legal guy is a brick a well, will leave me two days clear of the 18 limit? What o I say to my friend who wants to pay some money to get it blow £750, any advice there? My apologies for taking so long in getting back to your replies, but not so well these days, appreciate you guys being there and I am not alone in this? Thanks all.

[citizenB]

In answer to your paying money to get it below the £750.00 thresh hold. If, as you are sure, that this is statute barred.. why would you want to do that.. by law they cannot pursue through the courts for it ?

 

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.

[chairman]

Thank you, will tell my friend to hang fire on sending any payment, we are in the right, we have followed the correct procedure from the start, they are in the wrong,?

[42man]

You are correct they are in the wrong, get this set aside and claim your costs, Lowells are sending out a statutory demand for a debt that looks to be statute barred.

 

This is from the insolvency service -

 

10. Does a statutory demand expire?

There is no expiry period for a statutory demand. However, under the Limitation Act 1980, a debt must not be more than 6 years old or based on a default judgment more than 6 years old. This period can start to run again from any date the debtor agrees the debt exists and may be extended more than once. You may need legal advice if you think the debt is affected by this time limit.

[42man]

If you need help with form 6.5 then please shout...

[chairman]

Appreciate your offer, have made a start on witness statement, also phoned the C Court and can go either Mon-Wed, have made copies of all their letters from and to, have also found some info from OFT on their quidelines to creditors and debt collectors, ref people who are vulnerable and have a illness and are harassed, also a section on trying to collect on accounts that are in dispute, so added them in for good measure, think I have covered all that is disputed, will let legal gu look at it and see what he says, will then get back to you if there are ny points that need tweaking? Much thanks.

[42man]

Your costs do no thave to be in the court yet....they will go in once you have a hearing date, usually they have to be submitted at least 24 hours beofre the hearing date.

[chairman]

Ok on that, what happens after, if it does get set aside, do we still have a hearing, can Lowell still proceed in going to court?

[42man]

If you get it set aside then it is 99.9% sure that they will not bother you again. Find your resolve, puff out your chest and show the judge just how angy and upset you are at having to deal with this....

[chairman]

Oh I will be, they have all really p...ed me off and made me mad as hell, not been o court before, but am prepared, much thanks.

[chairman]

Hi all, I have handed in my docs to CCourt to hopefully get it set aside, been told it will be at least a week before I get the judges decision, they will write to me to let me know, they also took the supporting evidence that I copied, can only wait now, at least it was in before th 18 day deadline, still feel very nervous having to wait and stress evils are high right now. Will let you know decision as nd when?

[citizenB]

That is about the usual amount of time it takes for the court to contact you.

 

Easier said than done, but try not to stress.. Perhaps do a little more research and make sure you have any paperwork in order.

[chairman]

No one really explains what will happen after the judge has made a decision, I had the feeling that I was just one of many that they deal with and the office staff were not exactly talkative, but will do more research as advised, as I said last, they took all the paperwork I had copied?

[citizenB]

No one really explains what will happen after the judge has made a decision, I had the feeling that I was just one of many that they deal with and the office staff were not exactly talkative, but will do more research as advised, as I said last, they took all the paperwork I had copied?

 

 

Court staff arent really allowed to give advice - even something as simple as to what might happen next.

 

Your reason for set aside is that the account is statute barred. So there should be no reason for it not be set aside.

 

Lowells will have been provided with a copy of the set aside application and could.. could.. decide to withdraw/discontinue - Especially as they have been told off before about using the Insolvency court as a debt collection tool.

 

khemist was in a similar situation to yours with a Statute barred account. He did go to court and Lowells were told off by the Judge.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***

 

If you use the advanced search engine - top right hand corner of screen.. then you will be able to find other cases. Not all of them will be similar to yours eg a statute barred account. But you will get a general idea of what can happen.

 

HTH