Bwlegal SD help new here and have no idea what to do

[msbay]

Hi,

 

Ok please bear with me , new here and in a bit of a state.

 

Hubby had SD delivered by hand tonight.

 

Two debts detailed

 

phone 38 odd

 

credit card 3700 ish

 

I spoke to people at door how refused to give names or where from ( darklate at night) hubby went and they handed him SD

 

I called BW legal on hubbys behalf ( he gave permission for me to speak tothem) and told them debt in dispute, had been for some time we don’t believe weowe it cca request made to other DCA none responded ( I didn’t chase them attime - no proof now as ages ago) said if we did owe then we would pay but stronglybelieved we didn’t owe it.

 

They asked for telephone number I refused stating didn’t want hounding callsand wanted to deal with in writing.

 

Told him wanted CCA , he said needed it in writing and pound fee

 

He stated action would be stopped as debt in dispute

 

Can some one tell me what to do know.

 

How do I know action stopped? Or shoulda still do the setaside thing , what if they don’t allow it will they take thehouse?

 

Is this debt SB, from when does the 6 years apply? We had letters from otherDCA but never responded apart from very close to the beginning when we askedfor CCA.

 

Hope this makes sense, bit rattled at moment as we have 4 little ones and iam worried we might lose our home which is mortgaged with equity . We both ownhome in both names , debt only in hubbys name.

 

Can someone please help me to follow the correct process, as Im worried Ive made it worse by talking to them, not named person on SD as she was not there .

 

thank you , I have tried reading threads but I think where Im a bit upsetjust getting more confused

 

thank you in advance. Sorry so many questions

[unclebulgaria67]

Just have a look through CAG and you will see many BW Legal/Lowells statutory demands. Yes your hubby will need to do the set asides on the basis of the disputes that you have had.

 

As you don't have the paperwork for the disputes/CCA requests, you will need to SAR the relevant companies to get them to provide the details they have on file. You should also SAR the original creditors to find out the information you need. The 6 years runs from the last date of payment or written admission to owing the debts.

 

You have 18 day to get the set aside into your nearest County Court that handles bankruptcy and hopefully you can get some information before then. If not, you complete the set aside forms with the information you know. As long as there are issues for a court to consider, then you will get it set aside or a hearing to decide on it. If there is a hearing, it will give you more time to get hold of the information you.

 

Worth checking credit record to what is on there.

[unclebulgaria67]

Example thread here.

 

There are many many others. You just have to fight it and mostly people are able to get the SD set aside. BW Legal don't always appear to have the information and are using the SD as debt collection tool without always seemingly wanting to follow through. ( They are not supposed to do this)

[msbay]

Thank you so much so can i please clarify

even though they have said they have stopped the action should i still apply to the courts for it to be set aside.

the debt was assigned 2008 to lowell stated in SD. we have not abmited debt ect for over six years is this SB who do i send letter to lowell /egg/bw legal

should i send CCA/SB/sar and in the case of phone debt ( this is totally unknown) a letter saying unknown debt cann i send all these letters , or would they cancel each other out

who do i send the CCA to Bw legal or lowell.

thank you for advise guys

[msbay]

ok they list defalt dated as june 06

november 05

so would these be SB as we have not communicated with the companies ever only asking for cca

[debbbbsy]

even though they have said they have stopped the action should i still apply to the courts for it to be set aside

 

Absolutely, defgeinately yes. Do not trust these people to put this on hold . This happens so many times, they lie to people and get a claim by default.

 

we have not abmited debt ect for over six years

 

The statute barred process begins from your last payment. This is why a SAR is important, as they would need to provide a statement showing yoy made a payment within the last 6 years. You say you did a CCA request, just be careful, it is not uncommon for DCA's to use the £1 payment to credit the account.

 

who do i send the CCA to Bw legal or lowell.

 

If you have already done a CCA request in the past, I'm not sure you need to send it again.Instead use the correct template letter from the library informing them that the account is in dispute. I also think that at this stage the best form of defence is attack. Keep track of all the time and expense involved in defending this and threaten to counter sue.

[msbay]

Thank you thank you thank you

what should i say to courts to get it set aside?

and who should i send SAR to

would you suggest sending both

SAR and SB letter first as im sure we didnt pay when we requested CCA as we never have paid for this. or been given a letter requesting a fee.

WHo gets SB letter, thank you so much

[unclebulgaria67]

Have you sent a CCA req to Lowells before ? When did you send this ? If this was quite a while ago and Lowells did not respond, I would suggest doing this again. I think you said that you don't have proof of the previous CCA req. If this is the case, as you are being threatened with bankruptcy, I would consider making an SAR to Lowell for all information on their files. I would not normally advise to SAR a DCA, but in this case with your lack of paperwork, it may be advisable.

 

I would also SAR the original creditors to obtain all the information on their files. Ask for copies of all statements in particular and default notice, so you can see the details.

 

As has been said, you MUST do the set aside. You have 18 days from the date the SD was served to do this. There are many threads on here, one I linked to previously, which will give you an idea of what forms need to be used and what to put on them. Have a read through other threads and then post back for help, when you come to attempt to put the forms together.

[42man]

Some great advice above.

 

If you have not made any payments towards the alleged debt for 6 years nor acknowledged the debt in writing then it will be statute barred, and you can bet that despite Lowells and BWLegal knowing this they are hoping that you will curl up in a ball and give in. You need forms 6.4 (set aside) and form 6.5 (witness statement) you can find them both here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

 

This is a guide as to how to fill in 6.4 -

 

How to fill in Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from (CREDITORS NAME) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of CREDITOR/SOLICITOR)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

 

----------------------

 

As to filling out the 6.5 (witness statement) then you will find a good thread here.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

 

You have 18 days (from when the demand came into your hands) in which to submit the 6.4 and 6.5 (along with any accompanying paperwork (including your CCA request)) to your nearest court that handles bankruptcies / insolvencies (not all county courts do) and you should check with your local county court.

 

Once you have taken the completed 6.4 and 6.4 in to the court, (along with the original stat demand) (make sure you take at least 2 copies of each peice of paperwork) Then you should expect a court date in one to two months time. If the debt is statute barred then it is a complete defence without considering anything else. You should also submit your costs to the court 24 hours before the hearing (but you have plenty of time to do that) refer to this thread (for the costs) - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

Don't be bullied and be prepared to fight your corner....(which in your own case should be easy)

 

What you MUST also do is drop an email to the OFT about this as it is likely they know the debt is statute barred....

 

If you need any help then please shout....

[42man]

When you complain to the OFT, you should also state that the process server did not give out his name.....