Statutory Demand from Lowell

[why-not-me]

Hi All, below is brief summary of current issue:

 

1. BW legal issued statutory demand for lowell (ex barclays (OC), Morgan Stanley)

2. I applied for set aside

3. Court wrote and set hearing for BW to provide original signed agreement, statements, notice of assignment(NOA) and letters they had sent

4. BW turned up without the agreement but had statements and NOA, Court adjourned hearing till 13th June so they could get original agreement from the OC. Court gave them till 1st May to file and serve written evidence so that I can file and serve by 24th May - they haven't sent anything

5. Hearing on 13th June is non attendance pre-trial review.

6. Today I received letter from BW serving me with statement of account (again?) no mention of agreement or any witness statement.

 

My question is what is best way to proceed?

 

1. Write to Court telling them that BW have not complied (again) with one of their orders?

2. Wait and file my witness statement as ordered

 

By the way statements show late charges or £12, also account quoted in NOA is not same as in statements.

 

Thanks for any responses!

Edited May 11, 2013 by why-not-me
Add month to date.

[unclebulgaria67]

Think you should write to the court asking for set aside to be granted, based on BW Legal/Lowells not compliance. Court may not agree, if there is another hearing in June, as they may want to give the claimant more time. But it may be worth sending the letter, to draw the courts attention to their non compliance.

[why-not-me]

Thanks unclebulgaria67. The order states clearly that I should file and serve written evidence in reply (if so advised), it also says both parties should lodge a Listing Certificate by 7th June. Maybe I should just wait and file my witness statement - at bottom of Listing Certificate document it says:

 

"

Note:

 

If the case is not ready and/or this form has not been completed on time the court may fix an appointment for further directions. The party who has not complied with any directions given my be ordered to pay any costs unnecessarily incurred.

 

Only original witness statements filed in accordance with directions made will normally be read at the final hearing. Copy evidence is not generally accepted.

"

 

Since they clearly have not complied with the direction to file and serve their witness statement does it mean that there is a chance the court will not allow it? or am I being to simple.. seems courts are funny places.

 

By the way I asked OC for agreement back in 2010.

[why-not-me]

I got letter from bh legal today saying

 

"Please note our client has agreed to your application to set aside the Statutory Demand with no order as to costs. We therefore enclose a Consent order for your approval".

[Shadow25]

... so you can sign the Consent Order and tht's the end of it or you can hold out for your costs. Most people in your position would just sign it and heave a sigh of relief. Basically they've used the Bankruptcy procedures as a collection tool and this backfires in just the same way as the CCJ route if they are unable to supply the correct documentation. Well done!