Capital One anyone heard of BWlegal - Statutory Demand Received

[carriesue]

Hi I don't posssess a mobile but the doumentaion sent by BWlegal is exactly the same as 'yourturntopay'. The court I have to present information to is in the Strand. I have now found a token payment to Capone made in 2009.

.CCA request 15/4/09

T&C's received dated 27/4/09 .Notice of assignment received dated 21/8/09.Non/compliance/ Account in Dispute letter sent 1/9/09.

24/9/12 Lowells letter stating that they were still looking into my requst for CCA and asking me to contact Capone for it.

Copy of aggreement sent by Lowells dated 27/11/11 (no prescribed interest rates etc).

I am going to apply to Capone for SAR asap.

Do I just turn up at the court with all the correspondence from myself and creditors along with the SD anytime before the 18days please to have it set asisde. I received the SD on 13/12/12 by mail even though it was dated 11/12/12.. I am planning to go on 29th.

I am sorry that I am finding this all so confusing and thank you for your help.

[unclebulgaria67]

Think this is going to get a little complicated. The argument is whether Lowells met your CCA request on 27/11/11 and therefore there is no reason for a set aside to the SD.

 

The set aside does not incur any fee so you might as well do this, it is just what to put down on the forms. I think the court only requires a copy of the SD, together with 3 copies of the 6.4 & 6.5 form. Any other paperwork you have is only needed for any hearing.

[citizenB]

When you say you have discovered a token payment to Capone in 2009.. what do you mean.. did you voluntarily make that payment - was it a payment of £1.00 or £10.00 for legal requests of CCA or SAR ?

 

Did you actually make the payment or is it a phantom payment ?

[carriesue]

Letter received by post last Friday dated 12/3 informing me of an SD to be issued by BWlegal.

 

Stated that they had already attended my address on 11/3 without meeting me.

 

There was no reference to who the credior was, but informed me someone was calling at 1.45pm on 19/3.

 

Got home to find an SD that had been hand delivered whih was dated 26/2.

 

The creditor is CapOne- I received a statement of default on 16/12/08.

 

CCA request sent 15/4/09.

Received T&C's and a document purporting to be a CCA (no prescribed T&C's as stated overleaf of doc}.

 

Non compliance letter and then account in dispute letter sent 4/5/09.

 

Debt was sold to Lowells 14/8/09.

 

Correspondence continued between Lowells then Red then Hamptons regarding the account in dispute.

 

They advised me that account would be put on hold.-then asked me to contact Capone directly..

 

SAR was sent to Capone 31/12/12.

Capone stated that my request could not be fulfilled until I gave my original signature as I signed it in capitals.

 

I used an anti tamper strip but have still not recived a reply.

 

My question is before I set aside the SD

should I email bwlegal informing them of these discrepancies.

 

I have postal receipts for al correspondence sent apart form the last letter sent to Capone re: signature.

 

Many Thanks

[dx100uk]

you can safely sign an SAR

 

dx

[dx100uk]

moved to legal forum.

 

lots of lowell SD's on here to follow

 

dx

[carriesue]

Thank you - i will chase Capone re SAR. As for bwlegal issuing an SD by hand throughh my letter box yesterday (19/3/13) and their correspondence was dated 26/2/13 what should I do please?

[unclebulgaria67]

I think in this case, you would just do the set aside. I don't think it is worth contacting BW Legal, as the previous CCA request fulfilment can be argued.

 

Charges & PPI to be reclaimed ? Have you done anything about these.

 

What is the approx amount of debt ?

 

Do you know when you last made a payment to Cap1 ?

 

You have 18 days from the date the SD was received to do the set aside. There are loads of threads on here ( legal successes folder) with what you would need to put on the court forms. Have a read and post back, as others more knowledgeable about this should be able to help.

[carriesue]

Debt for 3,500. No PPI. When I receive SAR I know there will be late payment fees. I sent the SAR in January and Capone stated that it would take aFURTHER 40days from receivership of my original signature would this be correct pleae? I would like to add this to the set aside evidence.

Many Thanks

[unclebulgaria67]

Debt for 3,500. No PPI. When I receive SAR I know there will be late payment fees. I sent the SAR in January and Capone stated that it would take aFURTHER 40days from receivership of my original signature would this be correct pleae? I would like to add this to the set aside evidence.

Many Thanks

 

When did you arrange this Cap1 account ?

 

How did you arrange it ? e.g Posted form, internet

 

When did you last make any payment or admit to owing the debt in writing ?

 

Cap1 are asking for your signature to arrange the SAR. Yes this is probably correct and no problem to provide. You can protect your signature if you wish by signing over a a row of xxxxxx, but I cannot see why they would use it to copy/paste. When they have your signature, they have up to 40 days to supply the SAR.

 

The CCA you previously received is something that you can use to help, when you come to do the set aside. If there were was missing information then that should help. Also if they don't have the original CCA, they may not be able to proceed with enforcing the debt in court.

[unclebulgaria67]

There are many threads in the legal successes folders that will help you when you come to do the set aside forms. e.g.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?372637-Lowell-Hamptons-Statutory-demand-***-Set-a-Side-amp-Dismissed***

[carriesue]

Capone start date 2000 by post

CCA received did not contain prescribed terms.

Letter written in 2007 to request I made token payments due to serious illness and not being able to work.

Last payment made 3/2009.

I think I am becoming familiar with th set aside process - thamks to all th good infomation/advice.

I am concerned regarding bwlegals correspondence.dated 26/2/13 when I only received it through letter box by hand on 19/3/13..

Owing to the Easter holidays I do not think I will be able to make the 18days to set aside.

Thanks to all for your rsponses.

[Ford]

is this the same?

http://www.consumeractiongroup.co.uk/forum/showthread.php?375977-Capital-One-anyone-heard-of-BWlegal-Statutory-Demand-Received

[carriesue]

Sorry back again! Just looked at the SAR reply from Capone.11/1/13.They aknowledged my receipt of £10 but stated 'they are unable to review my request as the signature provided dos not match with their records. (I only signed my name in capitals).

They also request that I supply them with documentation showing my current signature- i.e driving licence or passport. My driving licence plus passort. Both documents are older than the debt!

I am happy to oblige but on looking at my signatures they do tend to vary.

Is their request valid please?

[Ford]

is this the same?

http://www.consumeractiongroup.co.uk...emand-Received

[dx100uk]

yes

 

dx

[unclebulgaria67]

Sorry back again! Just looked at the SAR reply from Capone.11/1/13.They aknowledged my receipt of £10 but stated 'they are unable to review my request as the signature provided dos not match with their records. (I only signed my name in capitals).

They also request that I supply them with documentation showing my current signature- i.e driving licence or passport. My driving licence plus passort. Both documents are older than the debt!

I am happy to oblige but on looking at my signatures they do tend to vary.

Is their request valid please?

 

You had a thread about the same before Christmas. Have you been issued with two SD's ? This is a bit odd.