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Statutory Demand recieved after the alleged time limit has passed.


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Good evening one and all.

 

My wife has received a Statutory Demand from Lowells. The letter was dated the 1st of August, it was hand delivered on the 19th of August, and it states that there is an 18 day time limit before bankruptcy proceeding are started.

 

What laws have they broken?

 

I have researched this as best as I can. The Insolvency Service document linked below states "...The person or company that receives the demand has 21 days to settle the debt or..." Also the OFT guidance for debt collectors has many examples of unfair practices but I haven't seen this dating fiddle mentioned.

 

Can you point me to guidance / law that refers to this please? I want to get a letter in the post tomorrow morning if possible.

 

http://webarchive.nationalarchives.gov.uk/+/http:/www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

Thanks.

 

Mike.

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the 18 Days Is From Date Of Service, Not Date Of Issue. The Process Server Should Now Submit A Statement Of Service Of When Demand Was Served. This Isn't A Fiddle, Three Demand It's Dated When Issued But It Can Take Weeks To Serve.

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How much are Lowell claiming is owed?

 

Your wife needs to get this set aside, instructions should be with the SD.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Please keep to one thread at all times, otherwise you may miss advice.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Donkey.

 

That thread hasn't been replied to for a couple of days and as I was after a specific piece of info I thought another heading might help.

 

I’d just noticed that the query was mentioned on your other thread, and that Brig had started to help you on here too, not realising he was already helping – and Brig is too valuable to waste! It’s just easier to stick to one thread.

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