Help - Lowell Statutory Demand [LIttlewoods Cat debt & store card together] **SET ASIDE**

[nunkychunky]

Hi all,

I was yesterday served with a Statutory Demand from Lowell (BW Legal)

 

Two debts are listed on the SD,

a catalogue I took out probably 10 years ago with Littlewoods,

the second one a credit card I had with Littlewoods Personal Finance (underwritten by Barclays).

 

The Littlewoods (Shop Direct Finance Company) debt claimed is £4021.20

and the LPF card £426.05.

I stopped paying the debts in/around April 2009.

 

The dates of default were 12 July 2010 for SDFC

and 1 October 2010 for LPF.

 

Lowell's state the debts were assigned on 31 Juy 2010 (SDFC)

and 29 September 2010.

 

I am a full time mother with no income of my own, my house is jointly owned but there is little/no equity in it.

 

If Lowells want to petition for my BK they are wasting their time and money and will not recover their petitioning costs.

 

I have read similar posts on this site but just wanted to check my thought train in correct in proceeding forward as I would prefer not to be made bankrupt.

 

The LPF card limit was about £250 but is now £426.05

so I might be able to dispute on the grounds of charges (the debt has nearly doubled).

 

The letter with the SD states "may" instead of "will" numerous times

so whether they actually follow though I don't know

but I am aware this odious company operates on scare tactics and issues petitions and I don't really want to take the chance.

 

Should I now:

 

1. Issue BW with an immediate CCA request (using the template letter and enclosing £1) sent Recorded Delivery?

2. Write to both Barclays and Littlewoods with SAR requests (is the fee a total of £20) or just do the CCA and put the ball in BW's court?

3. Should I make a token offer of payment and ask BW to withdraw the SD?

4. Should I apply to ask the Court to set aside the SD (given that the default dates were nearly 3 years ago) on the basis that it is an abuse of process (a "fishing" trip?).

 

Given that the Littlewoods debt is so old,

is there a realistic possibility the credit agreement will still exist.

 

If the debt is unenforceable, the SD will be invalid anyway because it will be less than £750.

 

Any advice appreciated.

 

Thanks v much

 

NC

[postggj]

i would apply to have the SD set aside with costs

[citizenB]

ok, well you have 18 days from yesterday in which to have this set aside.

 

So yes, you need to send a CCA request off immediately. I am not sure whether you send it to the Claimant or the original creditor, so it might be worth waiting for someone to confirm that.

 

SAR will definitely go to the Original Creditors.

 

It is a dead certainty that there will be charges on both of these, which if reclaimed will bring the total below the BR thresh hold so that will throw a spanner in the works.

 

I will pop back tomorrow morning with some more thoughts.

[postggj]

It will be the claimant to send the CCA request to if they are the ones demanding the money by assignment

[dx100uk]

I bet that cat debt will be 90% £12 penalty fees

 

and prob lots on the CC as well

 

dx

[dx100uk]

I don't think merging two debts is ok either

 

dx

[dx100uk]

Hi all,

I was yesterday served with a Statutory Demand from Lowell (BW Legal)

 

Two debts are listed on the SD,

a catalogue I took out probably 10 years ago with Littlewoods,

the second one a credit card I had with Littlewoods Personal Finance (underwritten by Barclays).

 

The Littlewoods (Shop Direct Finance Company) debt claimed is £4021.20

and the LPF card £426.05.

I stopped paying the debts in/around April 2009.

 

The dates of default were 12 July 2010 for SDFC

and 1 October 2010 for LPF.

 

Lowell's state the debts were assigned on 31 Juy 2010 (SDFC)

and 29 September 2010.

 

I am a full time mother with no income of my own, my house is jointly owned but there is little/no equity in it.

 

If Lowells want to petition for my BK they are wasting their time and money and will not recover their petitioning costs.

 

I have read similar posts on this site but just wanted to check my thought train in correct in proceeding forward as I would prefer not to be made bankrupt.

 

The LPF card limit was about £250 but is now £426.05

so I might be able to dispute on the grounds of charges (the debt has nearly doubled).

 

The letter with the SD states "may" instead of "will" numerous times

so whether they actually follow though I don't know

but I am aware this odious company operates on scare tactics and issues petitions and I don't really want to take the chance.

 

Should I now:

 

1. Issue BW with an immediate CCA request (using the template letter and enclosing £1) sent Recorded Delivery?

2. Write to both Barclays and Littlewoods with SAR requests (is the fee a total of £20) or just do the CCA and put the ball in BW's court?

3. Should I make a token offer of payment and ask BW to withdraw the SD?

4. Should I apply to ask the Court to set aside the SD (given that the default dates were nearly 3 years ago) on the basis that it is an abuse of process (a "fishing" trip?).

 

Given that the Littlewoods debt is so old,

is there a realistic possibility the credit agreement will still exist.

 

If the debt is unenforceable, the SD will be invalid anyway because it will be less than £750.

 

Any advice appreciated.

 

Thanks v much

 

NC

 

please scan up the SD .

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[nunkychunky]

Thanks for the advice guys. Will post up SD in PDF format later.

 

BTW forgot to mention Lowell have another account, £756 for an old O2 account (originally taken out around 2004 or 2005 for a mobile phone contract).

 

Two things spring to mind here;

 

1) Should I do the CCA and SAR request as per the SD I have had for the other two debts; or

2) Is it worth paying them £10 by postal order to bring it below the £750 threshold where they can issue another SD (I wouldn't put it past them).

 

I will sign up for a free trial of Credit Expert to see if Lowell have any others.

 

Laters,

 

NC

[nunkychunky]

SD attached in PDF format.

 

One observation, does the fact the default date of the Shop Direct debt BEFORE assignment make any difference?

 

Laters,

 

NC

[nunkychunky]

Folks,

 

Won't let me upload SD due to having less than 10 posts

 

I'll try again later but if it doesn't work will have to type relevant sections of SD in verbatim.

 

Laters,

 

NC

Edited April 22, 2013 by nunkychunky

[nunkychunky]

Folks,

 

Cracked it!

 

PDF attached. I've scribbled a couple of notes on it.

 

NC

 

 

 

 

 

^^^^^^^^^^

Document has been edited and reapproved

Edited April 22, 2013 by citizenB
Removed personal information from attachment

[dx100uk]

att unapproved - account numbers etc showing..follow my guide

 

you only need ONE sar per 'company' gives you everything they hold

 

you can't cca mobile phone debts

[citizenB]

Document has been edited and reapproved

[42man]

If it was me in your shoes then I would be fighting this, you will find plenty of threads around these forums....send off CCA requests for EACH. Just remember that you will need forms 6.4 (set aside) and form 6.5 (witness statement) - you will find a good thread here and it does contain some useful links too - http://www.consumeractiongroup.co.uk/forum/showthread.php?387645-Cabot-issuing-statutory-demand-via-stewart-barnes-Aqua-Card-debt/page3&highlight=poppay

 

You have got 18 days from the day the demand came into your hands in which to apply for a set aside

[nunkychunky]

Thanks for the advice today folks. Somewhat puts my mind at rest.

 

CCA request going by recorded delivery tomorrow.

 

Will be working on the SD set aside over the next day or so and will post up a draft.

 

BTW the catalogue was taken out in October 2003 and the 02 account in March 2005.

 

In the meantime is it worth emailing BW advising that it is my intention to set aside the SD on the grounds that the debts are likely to be made up of significant charges and penalties and are disputed?

 

Thanks again for the help.

 

NC

[dx100uk]

i'd sar aswell

might not come thru in time

but might well

 

bet its 90% charges esp the cat debt.

 

what does your CRA file say about these debts too?

 

it that the info in the first post/

 

dx

[nunkychunky]

Yes, will do a SRA as well.

 

Daft as it sounds, I could theoretically deal with all this in one fell swoop. for £90. There is little or no equity in the house, I could probably get the mortgage and house transferred over. The total debts are £15,102 (including penalties or charges). Challenge the charges and penalties and get the debts below £15,000 - I could then go for a DRO and stick two fingers up at Lowells. It would give me immense pleasure to tell them to throw money at me and that they will get jack **** in return.

 

But instead I am looking forward to rolling up my sleeves and doing battle. I wonder if they actually read any of these threads.

 

Laters,

 

NC

Edited April 23, 2013 by nunkychunky

[nunkychunky]

Folks,

 

CCA request posted by Recorded Delivery today to Lowells.

 

SAR request to go out to Littlewoods and Barclays in the next day or so. Can anybody tell me the best addresses to send them to?

 

Should I now contact BW and tell them that I intend to apply for a set-aside on the basis that the quantum of the debt is disputed (due to penalties and charges) and that it is NOT acknowledged, the fact that a SD as a debt collection tool is an abuse of process, and that a CCA request has been made?

 

Or do I just tell them nothing until after I have lodged the set-aside application in Court (this will allow Lowells time to respond to the CCA request, if they actually do)?

 

The local court is easily accessible, and I can lodge the papers in person, I can do this on 7 May (17 days including 21 April - the SD was received on 20 April).

 

Laters,

 

NC

[citizenB]

I would wait and see if/how they respond to the CCA request - ensure you apply for the set aside within the time.

 

It is my understanding the BW generally contact their victims a few days after the Stat demand has been served - please do let us know if they contact you and what they say.

[nunkychunky]

Yes, will do. I await their correspondence.

 

When and if it arrives, not only will I tell them that I intend to seek a set aside of the SD, but also to follow through with bankruptcy is a total waste of their time and money and they will lose money and I will ask them to withdraw it. They might as well burn their petition fee. The reason being I am a full time parent to 3 children, unemployed with no independent income, house with no (possibly negative) equity and that any Official Receiver is not likely to "thoroughly investigate" my affairs.

 

Laters, NC

[nunkychunky]

Folks,

 

Just thought I'd say a swift response has been received from BW Legal (which I will post up) that matters are now "on hold" and that the CCA request has gone to the "original creditor". If I do not get the response in 12 days (depends whether Littlewoods keep records going back to 2003) I suspect that takes care of that one....

 

Meanwhile, next week I will be starting work on the set aside with a view to lodging it in Court on Day 17, might be worthwhile emailing BW on a "cease & desist" basis, and inviting them to withdraw the SD.

 

Laters,

 

NC

[nunkychunky]

Folks,

 

This is the text of the letter I received from BW on Friday 26 April (verbatim).

 

We write with reference to the above matter and your email received on 20 April 2013. (I emailed them first, then sent the request by recorded delivery on 24 April 2013 with a postal order for £1).

 

We confirm we have received your request for documentation under s78 of the Consumer Credit Act 1974. We have referred your request to our client who may have to refer your request to your Original Creditors detailed above. Accordingly, your account will be placed on hold until the documentation you have requested has been provided which will be forwarded to you upon receipt.

 

We will seek to ensure that the documentation you have requested is provided within 12 working days, however this is contingent on receiving the documentation from your Original Creditors within this timescale.

 

Yours faithfully,

 

COMPUTER GENERATED SIGNATURE

 

BW Legal

[nunkychunky]

Below is the text of an email that has gone out to BW Legal.

 

Thank you for your letter dated 23 April 2013 (received 26 April 2013).

 

Please be aware that these accounts are disputed until the requested documentation has been received under s74 CCA 1974, plus the fact the balances are likely to include a substantial amount of penalties and charges which are likely to be unlawful. I dispute the amounts that are claimed.

 

Please confirm, in the next 24 hours, that the Statutory Demand you recently issued has been withdrawn. Should I not receive this confirmation within 24 hours, I shall apply within the required timescale to the relevant court for it to be set aside, and will also seek an order for costs.

 

I look forward to hearing from you.

[dx100uk]

naughty lot

 

so they've gone for an SD without even having a copy of the CCA!

 

judge will be pleased to hear about that!!

 

dx

[nunkychunky]

Folks,

 

No response received in 24 hours as per my email to BW yesterday, so set aside appliation will be drafted today. I think Tuesday 7th May is Day 17. Does anybody think it's safe to post the documents (3 copies) through the Court letterbox over the Bank Holiday weekend, or am I best taking them to the court counter and getting them stamped?

 

I will post up a copy of the draft wording later today. So far I have 3 exhibits, the SD, their letter referred to above, and to my email. Unfortunately I have not been the best with paperwork, that will teach me!

 

Is there also a fee for making this application?

 

Laters,

 

NC