Been Serverd with a Statutory Demand by BW Legal/Lowell Portfolio

[Guest cruzier]

Hi,

 

I have out of the blue been issued with a Statutory Demand by BW Legal/Lowell Portfolio for two seperate debts totalling £10k I have not made any contact regarding these debts for over 4 years and don't recall ever receiving any default notice.

 

I have taken a look at how a Statutory Demand should look like via the National Debt Line and it all looks the same except for some of the sentences under the WARNING section on the first page, they have ommitted;

 

Please read the demand and notes carefully. If you are in any doubt about your position you should seek advice immediately from a solicitor, a Citizen Advice Bureau, or a licensed insolvency practitioner.

Also under the NOTES FOR CREDITOR they have ommitted;

 

If the creditor holds any security the amount of the debt should be the sum the creditor is prepared to regard as unsecured for the purposes of this demand. Brief details of the total debt should be included and the nature of the security and the value put upon it by the creditor, as at the date of the demand, must be specified.

 

If signatory of the demand is a solicitor or other agent of the creditor the name of his/her firm should be given.

I do own a property and have only ever paid interest only repayments and as such the property is not worth much from what I owe.

 

Can anyone advise on what I should be doing/sending to these people?

 

Thanks in advance.

[unclebulgaria67]

You are going to need to start looking to set aside the SD, as otherwise Lowells/BW Legal may try to petition for your bankruptcy.

 

Can you post up a bit more info on these debts. What type of debt, roughly when last payment or written acknowledgement of owing the debt was made and what actions you have taken previously in response to correspondence e.g making a CCA request. Also any disputes about charges on the accounts or any PPI.

 

You have 18 days to submit the application for the set aside to your nearest county court that deals with insolvency. If you can start to provide a bit more info, there are many on CAG who can explain what you need to do. There are many examples threads on CAG of what you need to put in the forms to do the set aside. There are no court fees payable for the set aside.

[Guest cruzier]

One debt is a credit card and the other is a online catalogue. I have never written to either of these creditors and stopped making payments over 4 years ago and never heard from them since.

 

I have never made a CCA request to either of them. PPI was not taken out on either debt.

 

Thanks

[unclebulgaria67]

One debt is a credit card and the other is a online catalogue. I have never written to either of these creditors and stopped making payments over 4 years ago and never heard from them since.

 

I have never made a CCA request to either of them. PPI was not taken out on either debt.

 

Thanks

 

Have you received a notice of assignment, which is basically a letter saying that Lowells were the new owners of the debt ?

 

In your situation, as you have made payments within the last 6 years and don't appear to have much of a reason to set aside, I think you will need to think about working out how much you could afford to pay BW legal each month. Then make an offer of payment in writing, with rough details of income/expenditure. If there is no equity in the property that could be obtained by creditors, perhaps also advise them of this. They will have seen you own a house on land registry, but would have no idea whether you actually would receive any equity on the sale of the house.

 

It is worth calling National Debtline about this, so they can also advise you on this. I think they will suggest making affordable repayments.

 

http://www.nationaldebtline.co.uk/

[42man]

You have 18 days from when you received the demand to set aside, and as you can see from reading these forums BW Legal / Lowells do pursue these to Petition stage, if it was me then I would certainly be setting it aside - you should find some useful threads in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes If you need help then please shout