Lowell / bw legal Statutory Demand

[garage man]

New here, hope someone can advise me, I have received a statutory demand from bw legal, it was

in my mail box at the end of my lane ( gated ) it referes to a debt from a capital one card for £1,895. it has a date of Jan 15th on but was put into my post box by hand delivery one week ago.

 

I have worried for a week over it not really reading it fully as the Bankrupcy wording freaked me out, I know buring your head in the sand is the worst thing and so have tonight read it through and spent a couple of hours here reading about how serious it is.

 

I am a house owner and work for my self with a small busines that has been struggling for 2 years now, hence my financial predicament, mad that how the past 2 year of financial pressure has taken all of my confidence to deal with this kind of thing! and to be honest the debt is my fault so no sympathy required.

 

So onto my questions, I see bw legal mentions the demand been served on me by their process server, is it been put in my post box by hand whilst I was out a duly served demand? there is no details who the process server was or what time he came etc.

 

They mention their client ( Lowell ) is willing to accept a a payment plan and avoid bankrupcy, if this is correct how can I trust them that they will stop the bankrupcy?

 

The statutory demand looks very unofficial and I guess these are printed off at BW office by the dozen, there is no ccj in place on this unsecured debt and they are not the original creditor, it does mention they purchased the rights and benefits from Capital one, do they not require a ccj or is bankrupcy their way of forcing payment, and do they normally see it through if you do nothing?

 

So if an agreement is the way to go, do I contact bw legal, Lowell or both? do I still need to apply to have it set aside at the court?

 

Thanks in advance to all.

 

Garage man

[AndyOrch]

Hi Garage Man and welcome to CAG

 

If you take a read here for now as to the mechanics (no pun intended)http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

Further assistance will be along tomorrow from the Site Team.

 

Regards

 

Andy

[nomadsammy]

HI Garage Man,

 

Just going through the same thing myself - have a look at my thread if you haven't already. I can't post a link as my post count isn't high enough yet!!!

 

Do you have any disputes ie. is there any PPI on the account? When did you last make a payment on this account? It could be worth finding out if this statute barred if more than 6 years ago.

First thing to do is send a CCA request to Lowell and a SAR to Capitol One. You wont get these back in time to use the info to apply for set aside but it's still worth having all the info for the account. I've been speaking to National Debt Helpline and it does seem that Lowell are taking these through to bankruptcy stage so I think you do need to act on it.

 

I sent an email to the person named on the SD from BW Legal offering a small monthly repayment (without admission of liability) which they have accepted (without any negotiation) and have said that it wont be taken any further. The payment is to be made to BW Legal. The amount I owe is much higher than yours so try not to worry. If you do come to an agreement with them, make sure you get everything in writing.

 

I'm sure somebody more knowledgeable will be along to advise you on the set aside process but in the meantime, if you have any questions that I can help with, just ask!

 

Good Luck

[AndyOrch]

Excellent advice nomadsammy

 

Here's your link :- http://www.consumeractiongroup.co.uk/forum/showthread.php?382237-Lowell-Statutory-Demand-HELP-PLEASE!!!

 

Regards

 

Andy

[42man]

If you are in position to make a payment then fine, but I would advise getting in writing the fact that they are stopping their legal process. Getting any agreement in writing is absolutely imperative I would also send off a SAR and a CCA request too.

[Guest]

ditto, could try get in writing an undertaking that they will not pursue bankruptcy whilst arrangement given the payment arrangement (even though such an arrangement would help to negate any petition)