Bw Legal statutory demand

[impat68]

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

[unclebulgaria67]

As they have not served the statutory demand, I would suggest that you urgently send Lowell a CCA request and get proof of posting from the post office, if not sending recorded.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

There was a case on here recently, where a judge failed to award a set aside to a stat demand, as the CCA was not made prior to the SD being served. It would be wise to make the CCA request anyway.

 

In regard to your overall debt situation if the debts are recent and you have made payments within 6 years, then I think you should contact CCCS and as a debt registered charity they will advise you what is best to do. They may suggest that you set up a debt management plan, where they look at your income and expenditure, offering affordable repayments to all the companies you owe money to. If you are making efforts to repay the debts, then this makes it unlikely any creditor would succeed in getting bankruptcy or CCJ.

[impat68]

thank you for the quick reply i am a little bit confused when i rang lowells they said they are no longer anything to do with the debt and that bw legal are now handling it so should i send it to bw legal who i have had no corespondance from or lowells?

[unclebulgaria67]

Ok in that case send the CCA request to BW Legal, but they may just send it on to Lowell, as I expect the Lowells still own the debt.

 

We have seen this on here many times now. Lowells are telling people they have nothing to do with the debt, but the statutory demand still shows them as the owner. BW Legal are just dealing with chasing the debt and issuing the SD.

[42man]

When was the last time you made a payment to Cap 1 ?

[impat68]

i cant remember exactly but was maybe 4 years ago ....... i tried to come to a a rrangement with them but they refused my offer so i stopped paying as charges were being added all the time