Lowell Statutory Demand Case Adjourned

[citizenB]

As I've said before I don't know much about bankruptcy - can I ask a question where the alleged debt is relatively small, as here, ln in view of the costs of bankruptcy proceedings is it likely that Lowell will actually bring them? Do we know if Lowell actually follow up their SD with bankruptcy petitions?

 

Whilst I'd agree that you should try to set aside the latest SD - I don't know if you need to panic if you're not successful - as I understand it the SD lasts for 12 months - they're 3 months in already...

 

yes, they do follow up with these.

[citizenB]

I read somewhere, they are making at least 60 people bankrupt every week. I am not sure of the figures. Lowell are strange creatures they actually sent in a solicitor to concede a set aside application. I n the morning my wife received a further statement from BW Legal meant to used in today's hearing through the post. The solicitor was hammered by by the judge, basically she felt short of calling her incompetent.

 

I wish that Judges could report on these to the OFT as well !

 

I would hope that everyone who is successful with getting their SD's set aside makes a complaint to the OFT.. and even those who aren't !

[marshy1977]

If they go for bankruptcy they will get absolutely nothing, but because they are running an evil empire I have to fight them to the end.

[42man]

Yes, you need to set aside the other stat demand in an 'out-of-time' application, there may possibly be a fee to pay to do this, but you should also explain why you are applying out of time too in your witness statement.

[marshy1977]

Hi all, I have a question, can a set aside SD be re-issued again at a later date? or can a debt on an SD that was set aside be put onto another SD?

[citizenB]

Further to our earlier communication - as 42man has said, make the out of time application - point out that at no time had this been provided to you personally until it was received in a bundle that had been prepared for the court.

 

How sneaky was that ?

[marshy1977]

Thank you. I made an out of time application to set aside about 3 weeks ago. I am waiting to see what the court says. I menioned in the witness statement that it was an abuse of process to re-issue an SD with debts already dealt with in an earlier SD hearing. I also treated it as if it was a fresh SD and argued the points I argued in the first SD. I am going for costs but shall I apply now or wait after the court has accepted my out of time application. I am thinking the court might decide this one without a hearing.Yesterday I also received a letter giving me optuions to pay the money. Option one is a 25% discount the other option is to pay 25% and then rest in instalmentsI have written to them and pointed out that an application to set aside the SD is with court. My wife thinks I should not pay them a penny because of their sneaky attitude.

[citizenB]

They will continue to make these offers despite there being an Application to SA in place !

 

I am not absolutely sure about when to submit an application for costs. I will check that one out for you.

[marshy1977]

Lowell conceded again.

[unclebulgaria67]

Lowell conceded again.

 

Conceded in what way ?

[marshy1977]

Conceded in what way ?

 

I meant they decided not to contest may application for set aside.

[citizenB]

That is very good news

 

Do you have this in writing ?

[marshy1977]

The DDJ said the order will be typed-up and sent through the post.

[citizenB]

 

When you get the Notice - submit another complaint to the OFT !