bw legal/lowel hand delivered SD today for no cca Cap1 debt!

[wr1wr1]

Hi could some one help me with this scenario !

 

i have recieved a statutory demand for a an old credit card but the date on the demand is dated 26 of march 2013

so seeing that it is now the 20th of april i presume they are trying to pull a fast one

as u only have 21 days to apply to have it set asside !

 

what can i do now as i sent for the original cca in 2008 to Capital one

 

they sent me a bodged up application at the time

 

so i sent another letter saying it was now in dispute

 

later that year i was sent another leter by then Lowell.

 

i replied saying Capital one was still in dispute

 

now this demand is from BWlegal !!

 

help woukd be most appreciated !!

[dx100uk]

type in lowells SD

 

in our search of the gray toolbar top right

 

loads of threads here to help.

 

dx

[citizenB]

How was the demand provided to you. By personal service or postal service ?

 

What was the date of posting (if there is a date stamp)

[citizenB]

If you are going to make application to set it aside then you should confirm that Capone remain in breach of your s78 request and you should also make it clear that the demand, whilst dated XX was only provided to you on XX

[unclebulgaria67]

You have 18 days from the date the SD was served to do the set aside.

 

Do you have copies of the bodged copy of the application sent in response to the CCA, together with a copy of the CCA request and proof of postage ? Remember that if there is a hearing, you would need to evidence this and make relevant arguments.

 

When did you last make any payment towards this debt or admit to owing it in writing ?

 

As has been said, there are loads of threads on CAG in the DCA legal successes folder, where you can see what people have done, when they have applied for a set aside. Remember that a set aside is not automatic and that you will have to appear in a court hearing, where you will have to make arguments. Unless you are confident and have good reasons for requesting the set aside, you might have to deal with this debt, by making a appropriate repayments. People are now being made bankrupt for such debts and you will then have the costs on top of the debt. You may therefore wish to see a Solicitor, many of whom offer a free half hour intial consultation ( Citizens Advice may have details of local Solicitors that offer this)