Received a Statutory Demand from Lowells yesterday.. need help!

[unhappypanda]

Hi everyone,

 

I could really do with getting some help. I've spent the best part of the last 24 hours reading various different threads on this forum about Statutory Demands and now my head is spinning, so thought it would be best to see if I could get some advise based on my exact situation.

 

The SD was hand-delivered to my house yesterday. It relates to a loan that was apparantly held with HBOS PLC thatwasi took out about 7 years ago. The default date on the letter is January 2008 (apologies in advance as I left the document at home so don't have the exact dates but can get these later) but I am pretty confident that I would not have made a payment for about 6 months before the debt defaulted - I had my Daughter in March 2007, which is when my payment issues started.

 

I don't have any paperwork relating to the inital debt and I have moved house 3 times since, if I ring HBOS would they be able to confirm information to me still or would I have to request this for through Lowells/BW Legal?

 

I understand I need to contact Lowells to let them know that it's my intention to dispute their demand, what information do I need to put in there? Is it sufficient to say that I belive the last payment was made more than 6 years ago? Do I also need to send something to the court as well?

 

Apologies if these questions have been asked on multiple occasions before, and thank you in advance for any help that you can provide me with.

Edited August 12, 2013 by unhappypanda
Correcting name of creditor

[silverfox1961]

Hi and welcome to CAG.

 

Lowell are using these demands as a debt collecting tool and if you don't get it set-aside, they will make you bankrupt. You must get this set aside.

 

Can you say when you last made any payment on this and do you own your own property

[unhappypanda]

Can you say when you last made any payment on this and do you own your own property

 

I believe that the last payment I made would have been between March - June 2007. As I would not have been able to afford any payments after this date. Unfortunately, the bank account I held at the time also ended up as Default so i cannot even refer to them for proof of payments made. I'd need to try and get a statement from MBNA to confirm this.

 

I do own my own property, but it has a 100% mortgage on it so there is very little equity in it, if anything at all.

[AndyOrch]

Further reading UHP post # 1 http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

Regards

 

Andy

[unclebulgaria67]

I believe that the last payment I made would have been between March - June 2007. As I would not have been able to afford any payments after this date. Unfortunately, the bank account I held at the time also ended up as Default so i cannot even refer to them for proof of payments made. I'd need to try and get a statement from MBNA to confirm this.

 

I do own my own property, but it has a 100% mortgage on it so there is very little equity in it, if anything at all.

 

Yes find out from MBNA the date when you missed the due payment on the account, as that would be the one relevant to statute barring.

[silverfox1961]

I believe that the last payment I made would have been between March - June 2007

 

If you are absolutely sure of these dates then the debt is Statute Barred

 

You could send MBNA a SAR which would divulge all payments made from your account(s) in 2007/8

[unhappypanda]

If you are absolutely sure of these dates then the debt is Statute Barred

 

You could send MBNA a SAR which would divulge all payments made from your account(s) in 2007/8

 

thank you, I shall get this sent off tomorrow as I had no luck speaking with them over the phone to obtain the information.

 

As they have 40 days in which to respond, what do I do about Lowells as they say I only have 18 days in which to contact them to make payment or they will contact the court?

[silverfox1961]

You still need to get the SD set aside. I bet The Leeds Losers won't even contest it. You will have to hold fire for others to give you grounds

[unhappypanda]

I've read on another forum that I should email and send a recorded delivery letter to Lowells directly to request a copy of my CCA and Statement of Account. Is this correct? Would the below template be the best to use. Also, would I need to contact the court as well to notify them of this?

 

On 11th August 2013 received the Claim Form in this case issued by you out of the St Albans County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: the default notice

 

4: statements or statement of account showing how the sum claimed has accrued, to identify any default/penalty charges.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

Edited August 12, 2013 by unhappypanda

[DonkeyB]

A CCA request made after the SD has been issued will not serve as a defence if it is not fulfilled – any judge would see through that. Only an existing default would likely be considered.

 

Why would MBNA not give you any info over the phone? There’s no good reason not to. It’s vitally important that you find out when the last payment was made. Get back on the phone!

[unhappypanda]

I've corrected the original post as it's HBOS Plc that the debt is with (not sure where I got MBNA from).

 

I've spoken to four different people at HBOS today and not one of them can find a record of a loan under my name, my address or the reference number given to me on the letter by Lowells.

 

I definitely did have loans around that time, but I don't remember taking one through HBOS at all.

 

I'm a bit stuck now... I really need to know when the last payment I made was. What should my next course of action be?

[DonkeyB]

OK, next step is to check your credit file to see what‘s listed, if anything.

 

Have you had previous correspondence regarding this? If so, what?

[BRIGADIER2JCS]

You must confirm the actual default date/date of last payment to ANY party in relation to this account.

Is it on CRA files?

 

My guess is Lowell will be going down the line that the 'limitations period' does not commence until the creditor can demand payment in full i.e the default date.

[unhappypanda]

OK, next step is to check your credit file to see what‘s listed, if anything.

 

Have you had previous correspondence regarding this? If so, what?

 

I've just checked my credit report and the Lowell amount is showing as per the letter received- but nothing about the original loan or creditor. It gives the account state date as 29th September 2006 and the same default date 10th January 2008.

 

The only previous correspondence I've had is voicemails, but as they were just automated messages I stupidily ignored them.

[unclebulgaria67]

Surely you have records of what loans you had back in 2006/07 ? If it is HBOS, it could be Halifax or Bank of Scotland ? What about asking your bank for copies of statements and Direct Debits you had at the time ? These may contain the reference number for the loan.

 

If you cannot find the information, then you need to submit an urgent request by recorded delivery to BW Legal or Lowells ( whoever is noted as issuing the SD) asking for more information, as you do not recall ever having a loan with HBOS.

[unhappypanda]

Surely you have records of what loans you had back in 2006/07 ? If it is HBOS, it could be Halifax or Bank of Scotland ? What about asking your bank for copies of statements and Direct Debits you had at the time ? These may contain the reference number for the loan.

 

If you cannot find the information, then you need to submit an urgent request by recorded delivery to BW Legal or Lowells ( whoever is noted as issuing the SD) asking for more information, as you do not recall ever having a loan with HBOS.

 

I've got paperwork for loans I had for loans back then, but none were with HBOS or any of their subsidiaries. Unfortunately, the bank account I had back then also defaulted around the same time so I won't be able to use bank records to trace the payment.

 

Is it worth sending a copy of the letter to the woman at BW Legal who is dealing with this as well or just stick with the postal option.

 

I understand I still need to send something to the courts? Is that down now or once I have received the paperwork? Can anyone help me with filling out the forms - I've looked at the link provided earlier in the thread and it's all gone right over my head.

 

Lastly, I've noticed the letter I got yesterday is dated 1st August, will it be 18 days from then or from when I got it?

 

Thank you for all the advice given so far, I really appreciate it.

[unhappypanda]

I've found a loan I took out around that exact date, but it was with Barclays? I can't find any link to HBOS and Barclays so it's can't be this one!

[citizenB]

The Stat demand should identify who the debt was with originally ?

[unclebulgaria67]

I've found a loan I took out around that exact date, but it was with Barclays? I can't find any link to HBOS and Barclays so it's can't be this one!

 

I would suggest phoning or emailing BW Legal to say that the SD form issued is totally wrong, as you have never had any financial agreement with HBOS. Ask them to check with Lowells, as you believe they have been given wrong information. Tell them that you will apply for the set aside, with costs, as the basis of the SD is wrong, unless they withdraw before the 18 days is up.

 

That would be easiest thing to do for now, as you may then have more of a chance of defending this action, if they have to issue a new SD with the correct information. As soon as they advise that the SD has been withdrawn, I would suggest that you urgently send a CCA request to Lowells by recorded delivery. Then see if they can provide a copy of the CCA for this loan.

[unhappypanda]

This is the email that I'm going to send them this morning, does it contain all the information I need?

 

Good Morning,

On Sunday, 11th August I received a Statutory Demand requesting payment for a loan originally taken out with HBOS PLC. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

I did not have any recollection of ever taking a loan out with either Halifax nor Bank of Scotland and I have spoken to three different people at HBOS and they are unable to find any accounts under my name, address (current and previous) or the account number quoted on the letter. Due to this, I will be applying for this to be set aside, with costs

Please therefore treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: the default notice

 

4: statements or statement of account showing how the sum claimed has accrued, to identify any default/penalty charges.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

I will also send a copy of this letter to them by recorded delivery.

 

[unclebulgaria67]

Letter is wrong in parts. An SD is part of the insolvency process, whereas your letter is about a normal court claim.

 

The SD will not have touched any court, so the acknowledgement of service is wrong, as it the CPR 31.14 request.

 

If you send the letter, it will just say to BW Legal that you don't know what the correct process is for bankruptcy.

 

My advice is to query with BW Legal why the SD relates to HBOS, when you don't think you have ever had any financial agreement with HBOS.

[unhappypanda]

Letter is wrong in parts. An SD is part of the insolvency process, whereas your letter is about a normal court claim.

 

The SD will not have touched any court, so the acknowledgement of service is wrong, as it the CPR 31.14 request.

 

If you send the letter, it will just say to BW Legal that you don't know what the correct process is for bankruptcy.

 

My advice is to query with BW Legal why the SD relates to HBOS, when you don't think you have ever had any financial agreement with HBOS.

 

Thank you very much. I found that template on another forum, so I'm glad I checked it here before sending it!

 

I've now sent the lady at BW Legal an email basically stating what you have said above, so hopefully I'll hear back from them soon.

Edited August 13, 2013 by unhappypanda

[DonkeyB]

Do the CRA entries state the last date of payment? They should!

Edited August 13, 2013 by DonkeyB

[unhappypanda]

Do teh CRA entries state the last date of payment? They should!

 

The CRA just shows the debt from the time that lowell took it over, so the farthest I can view back is October 2012.

 

There is no record on there at all of the pre-Lowells loan. So I have no way of knowing when the last payment was.

[DonkeyB]

Well, they should have taken over the original entry – all the existing data should still be there.

 

They would not be allowed to issue their own entry. This makes me wonder if it’s not actually your debt, and they HAVE issued their own entry. Hmmm...