Statutory Demand under section 268(1)(a)

[Protester33]

Hi everyone

 

My wife received the demand the 6th July when someone knocked the door. He left her with the demand which was issued on 28 June and it had an 8 day delay.

 

She rang them early the following week to find out whether she can pay by instalments as she only managed to find a part time job after 2 years following the birth of our second child. She hasn't made any payments since late 2009/2010 and Lowell advised her to fill out an income and expenditure form to assess the situation.

 

I need advice to tackle the problem as we know we owe the money but need time to clear the balance.

 

Any advice would be greatly appreciated

[ims21]

Thread moved to Legal Issues

[Protester33]

Thanks ims21

[Protester33]

Hi,

 

Anyone able to advise please?

[silverfox1961]

Hi,

No idea why you are getting no replies. As this is Lowell, they are targeting people who have property so that they can make them bankrupt in order to get the cash before other creditors so I assume you are a property owner.

 

You must apply to get this set aside.

 

This thread will help you get started.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378142-Lowell-Statutory-Demand-help!!-***-WON-COSTS-***&highlight=lowell

[citizenB]

What type of debt is it and what £ figure is being pursued ?

[Protester33]

Hi,

 

The debt was a unsecured loan for £3950 however I think there will be charges on it.

[Protester33]

Silverfox,

 

When they make you bankrupt can they force you to sell the house. We had a loan secured loan with PPI on it a couple of years ago, do you think it will be wise to pursue a counter claim to offset against the claim, and when you count the 18days does that include weekend.

[citizenB]

The 18 days are calendar days.

 

It is my understanding that when you complete the affidavit, you should say when the demand was dated and when it came into your hands.

 

If the PPI was mis sold, then you should make a start to reclaim this, whether you can mention it and ask for it to be offset, I don't know.

[Protester33]

CitizenB,

 

The person that delivered the letter handed it over to my wife with only the name on the envelope and was dated 28th June on the paperwork. If the paperwork were delivered on the 6th July, does that mean I have until the 25th July to apply for the set aside.

[unclebulgaria67]

So this debt is a secured loan where no repayments have been made in the last few years. There may be PPI and/or charges that can be disputed to reduce the debt amount.

 

Is this loan in one name or your joint names ?

 

Did you receive a notice of assignment saying that the debt was sold to Lowells ?

 

Is the Stat Demand purely for this debt ? ( Lowells sometimes buy several debts in a persons name and bundle them together when looking at bankruptcy)

 

You can go for the set aside which would need to be done by Thursday this week really, but you would then probably need to attend a court hearing within the next month or so, to go over the reasons for requesting the set aside.

 

It may be in your interest to dispute the amount of debt in writing formally and ask for a full breakdown of the total, with details of any PPI payments or charges specifically listed, as you intend to pursue a complaint about these. You could provide I&E details and agree to pay £x per month, while this debt amount is in dispute. If you are making some repayments and the amount of debt is in dispute, it would be difficult for them to take forward bankruptcy. It would be pretty obvious there was no issue of insolvency and in your favour with a court that you were looking to make payments toward a settlement of an accurately assessed debt.

[Protester33]

Unclebulgaria67,

 

Thanks for the assistance.

 

I don't remember seeing any paperwork that the debt will be assigned to Lowell but I will check.

 

We had a secured loan that we paid off and then applied for the unsecured loan. I've advised my wife to speak to Lowell and see if they are happy for a set aside so that we can discuss the situation amicably rather than going to court. I will advise he to make a payment of £XXX.XX/month however Lowell wanted a completed I&E form to assess the situation and don't know whether this will lead to a positive outcome.

 

Any ideas?

[AndyOrch]

" I've advised my wife to speak to Lowell and see if they are happy for a set a side so that we can discuss the situation amicably rather than going to court."

 

 

I can assure you that they wont be happy so do it anyway...further reading for you : -

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

Regards

 

Andy

[42man]

Please do have a read of some of the threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes