SD from lowells/BW legal OH's Lloyds loan debt and unused mobile contract

[SUNDERLAND1]

Hi all need some quick advice as what to do.

 

This concerns my ex partner who i am quite happy to try to help out with this matter as we split up on good terms.

 

Today she has recieved a letter by 1st class post from a process server

who claims he called to her property twice in one day a few days ago (once in the morning and once in the evening)

she was out at both times so cant confirm whether he actually did call or not.

 

The letter goes on to say he is calling back in a few days time (he does give a specific date and time

but i dont want to put too much detail on here for fear of prying eyes) with a view to serving a SD,

 

he also says that if there is no one at home he will post thro the letterbox and deem it as being served.

I have read around a lot on this forum but sometimes advice can be conflicting.

 

She is not sure whether to answer the door or ignore ???

 

Is service thro the letterbox by hand really deemed as served and would it stand up if their was a petition ???

 

Should i answer the door and politely ask him to go away inviting him not to come back unless wearing a crash helmet lol ???

 

Seriously though the ex is quite concerned should she CCA or SAR if yes how urgently ???

 

This guy is due back early next week so advice on what to do if anything before then or when he turns up wouuld be hugely appreciated.

 

Any questions or info please just ask many thanks.

[unclebulgaria67]

It does not make any difference whether the SD is handed to her or posted through the letterbox. They have to try to hand serve on a couple of occasions, before either putting through the letterbox or posting.

 

If the debt comes under the Consumer Credit Act, then yes a CCA request should be sent to whoever has this debt.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Do you know the type of debt ? Does she have a copy of the default notice ? Did she receive a notice of assignment to say who would legally be dealing with the debt ?

 

When the SD is received, she would have 18 days to submit a set aside to the nearest court that handles insolvency. If she is successful with the set aside for which there may be a hearing to decide this, then it stops the creditor being able to petition for bankruptcy. So she should look through her paperwork to see what information she has. If she does not want to do the set aside, the SD document will say who she needs to contact to arrange a repayment plan.

[Guest]

yes, from what you say eg re attempted personal service, it prob would be deemed ok through the letterbox failing personal service. they'll do a statement confirming that.

personal service is more applicable re a bankruptcy petition.

yes, can do a cca (if regulated) and sar.

[SUNDERLAND1]

Thanks guys to give a bit more background

 

she thinks this stems from Lloyds TSB.

 

She was struggling with payments on a loan and 2 of their credit cards

so they kindly refinanced into one larger personal loan this was back in Aug 2007.

 

She kept up repayments for a short while but it was too much and eventually she struggled with the payments

and we believe the last payment made and in fact any acknowledgement of the debt was 2nd Jan 2008

so its less than 3 months off stat barred i think ???

 

She did recieve a D/N in Dec 2008 from Lloyds.

 

Over the years been many letters from various DCAs acting on Lloyds behalf but she never acknowledged any.

 

Fast forward to late june this year NOA from Lloyds and introduction letter from lowlife,

 

6 letters from lowlife the last one mid september threating a process server and now todays letter.

 

The debt is for over 10k (if that makes any difference ???)

 

Any idea why lowlifes are acting so quick ???

(have read other threads where they bombard people with letters for months or years)

 

Do you think they know this is stat barred in around 12 weeks time ???

[Guest]

they might well realise is coming up for stat bar.

lowells (presume is lowells?) are not unknown for using the SD as a debt collection tool, so looks like you'll have to deal with the sd when if it comes.

 

any missold ppi?

Edited October 3, 2013 by Ford

[SUNDERLAND1]

Any idea what would happen if

 

A) I sealed up her letterbox so nothing could be posted through it or

B) I answered the door and claimed she did not live there and refused to tell him who i was or accept anything from him ????

[unclebulgaria67]

Dangerous game to play.

Have you seen the cases, where people have put their heads in the sand and ended up with a very expensive bankrupty situation.

 

 

Better to deal with it and hopefully stop any bankruptcy happening.

[SUNDERLAND1]

OK thanks advice taken on board.

 

Assuming SD arrives on date and time expected the ex will be at work so it will most likely be posted through letterbox.

 

She could arrange some time off if needed to accept the SD personally but is this either necessary or preferable ???

 

Is there any advantage in being served personally or through the letterbox or does it not really matter ???

[unclebulgaria67]

No difference. Let them post it through the letterbox

[SUNDERLAND1]

Thanks for the help so far folks.

 

To answer a couple of points already asked

yes this is lowells,

 

the last letter received from them mid september threatened her with BW Legal and a visit from a process server.

 

The letter received in the post off the process server has a line at the top

"BW LEGAL REFERENCE NUMBER"

however no number has been filled in.

 

So it looks like my ex is on the right track with which debt this is as she has one or two others.

 

A couple of questions please.

 

1) Am i right in saying this debt does come under the consumer credit act ???

 

2) As already suggested a CCA and SAR are recommended ???

 

3) The CCA to lowells or BW Legal ???

 

4) The SAR to Lloyds TSB yes ???

 

5) Just use templates for the CCA and SAR ???

 

6) How imperative is it to get either or both requests off before the SD arrives ???

 

Im sure i read advice on other threads that Judges are not impressd with CCA requests

 

which are requested a day or two after a SD has been served.

 

I am assuming because this just looks like a knee jerk reaction to recieving the SD ???

 

The reason i ask this is that obviously it is now friday afternoon and the process server is due back early monday morning.

 

Thanks a lot for all the help.

[unclebulgaria67]

Thanks for the help so far folks. To answer a couple of points already asked yes this is lowells, the last letter recieved from them mid september threatened her with BW Legal and a visit from a process server. The letter recieved in the post off the process server has a line at the top "BW LEGAL REFERENCE NUMBER" however no number has been filled in. So it looks like my ex is on the right track with which debt this is as she has one or two others.A couple of questions please.

1) Am i right in saying this debt does come under the consumer credit act ??? Any credit card or loan would. Not current accounts.

2) As already suggested a CCA and SAR are recommended ??? YES

3) The CCA to lowells or BW Legal ??? BW Legal

4) The SAR to Lloyds TSB yes ??? Yes

5) Just use templates for the CCA and SAR ??? Yes templates

6) How imperative is it to get either or both requests off before the SD arrives ??? Im sure i read advice on other threads that Judges are not impressd with CCA requests which are requested a day or two after a SD has been served. I am assuming because this just looks like a knee jerk reaction to recieving the SD ??? The reason i ask this is that obviously it is now friday afternoon and the process server is due back early monday morning. Get these sent off before the SD arrives, as some Judges have acted as you suggest.

Thanks a lot for all the help.

 

Answers in red

[SUNDERLAND1]

Is letter template N under the library tab ok to use for the CCA request ???

 

Presuming it is should the letter be addressed to anyone in particular for example

" Compliance Manager"

 

Is the CCA more important than the SAR as time is ticking

and i may only get time to do the CCA before the post office closes tomorrow ???

 

Also you say to send the CCA to BW Legal

 

however the ex has not had a letter from them yet so has no address for them nor a reference number to quote.

 

Do you think she should send to lowells as they are the last people to have officialy communicated with her ???

 

Thanks Unclebulgaria67

[unclebulgaria67]

Yes in the absence of any letters from BW Legal, then yes the CCA could be sent to Lowells and marked for the attention of the compliance manager. Don't forget to include a £1 postal order for the fee due.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

[SUNDERLAND1]

Ok thanks for that.

 

I have also found the SAR template and it all seems pretty straight forward

 

so i think up early in the morning and get both the CCA and SAR done,

 

get to the post office before lunch and get sent off recorded delivery (or whatever they call it these days)

 

then off to the match lol.

 

Will keep you informed on monday evening whether or not the process server keeps to his word and calls back.

 

Thanks for all the help.

[SUNDERLAND1]

Is writing her proper signature with pen on the CCA letter then criss crossing over the top of it in pen the best way to go to try and avoid lowells sending the request back for lack of or unacceptable signature ??? Really dont want them returning it and delaying this any further.

[unclebulgaria67]

Yes. Or sign over the top of rows of xxxxxxxxxxxxxxxxxxxx

[SUNDERLAND1]

Should i send it to lowells address on their letters which is a PO Box address or the one i have found on their website Enterprise House as you probably already know they are both in leeds but they do have different postcodes ???

[unclebulgaria67]

Will get to the same place, so makes no difference.

[Guest]

... then off to the match lol. ...

 

come on Sunderland, give moyes another headache

 

ps almost!

Edited October 5, 2013 by Ford

[SUNDERLAND1]

Ok got the CCA sent off on saturday by 1st class signed for.

 

I did not get the SAR done so i am going to tackle that now.

 

Sorry but its question time again.

 

1) When does the 12+2 CCA time limit start ??? Is it the day lowell sign for it ???

 

2) When i send the ex`s SAR off to Lloyds TSB do they only provide the information they hold on one account at a time ???

 

The reason i ask is because the ex had many accounts with Lloyds over the years

ie a current bank account, at least 3 personal loans and 2 credit cards minimum.

 

when she sends the SAR do they have to provide all the info on all these accounts

with just the one SAR request and £10 postal order ???

 

3) Presuming my thinking is correct on question 2 is it advised

 

to quote as many account numbers as possible or is this unneccesary ???

 

4) Are Lloyds obliged to provide info they have on an account you dont mention in a SAR request ???

 

Reason i ask is that she may not have all account numbers.

 

5) The ex is looking to reclaim PPI she 100% sure she had it on some Lloyds accounts but not all.

 

I have found the SAR template letters in the library but notice one is geared toward debt

 

the other reclaiming will she get away with just using the debt one to get the required info for reclaiming her PPI as well ???

Thanks.

[Guest]

when they receive.

no, one request covers all. ask for ALL data.

not strictly required as they should send ALL data and be able to cross reference. but can include numbers for ease of reference but ensure request is not limited to numbers referenced.

combine it?

if they deal with the sar properly, you should get all data (as defined).

Edited October 7, 2013 by Ford

[SUNDERLAND1]

Thanks ford and the SAR template geared toward debt rather than reclaiming will be ok to use yes ???

 

 

Should still get all available data which should be enough for her to chase PPI as well as dealing with this potential SD yes ???

 

PS sorry couldn`t do the buisness on sat against man u but gave it a good go !!!

[Guest]

could combine the two templates into one? and list anything you want for reference eg 'details of all PPI Policies', 'list of transactions', etc. ensure request is for ALL data and NOT just limited to listed references.

you won't get sar info back in time for the application to set aside sd, but prob so in time for any subsequent hearing

 

ps but for Manure's 'wonderkid' janjaz

Edited October 8, 2013 by Ford

[Guest]

soz, meant not limited to references. post edited

[SUNDERLAND1]

Hi all, i am sending a SAR to lloyds in the morning using a £10 postal order does anyone know who the postal order should be made payable to ??? Thanks.