SD - BW/lowells - **SET ASIDE** - Judge none to happy they had NO CCA!!

[Reddkatt]

I have relatively no experience with dealing with these type of affairs so i would like to humbly

ask those with more experience to check if I'm doing this correctly.

 

I received a Statutory demand from BW legal, which was served personally by a woman who came to my door,

explaining that she didnt know what was in the envelope that she gave me.

It turned out to be a statutory demand.

 

Following the advice on this forum, i went to my local court yesterday and submitted an application to have the demand set aside.

I am now waiting for the court to contact me.

 

In 2012, i submitted a CCA letter and a £1 to Westcot Credit services asking for all the documentation,

they replied stating that the £1 be made payable to the creditor HBOS.

 

I subsequently replied with another £1 made payable to HBOS.

 

No reply was received so i sent a reminder.

 

2 months later i wrote again by recorded and sign for mail, this time stating a CCA non compliance letter.

I heard nothing after that.

 

This year in June 2013 it appears that Lowells Portfolio 1 and BW legal (who i think are the same company)

have purchased the alleged debt from HBOS, which i believe is not allowed as the debt was in dispute?

 

I have applied to the court to set aside the statutory demand and given copies of all the correspondence given

to the original creditor HBOS and their DCA Westcot.

 

Have i done everything right and is there anything else that i need to do?

 

My apologies for coming across as a noob, but the truth is I am

[unclebulgaria67]

You have done the right thing to apply for the set aside and I hope that you have followed previous examples, citing relevant case law.

 

Did Lowells and BW Legal write to you, before the SD was served on ? If so, did you respond to any of these ?

 

What type of HBOS debt was this ?

Roughly how much was the debt ?

When did you take out the account ?

When approx did you last make a payment ?

 

Any excess charges or PPI issues that could be challenged ?

[AndyOrch]

Thread moved to Financial Legal Issues

[Reddkatt]

The original debt was for an unsecured personal loan with HBOS taken out in approx 2009.

 

The amount they are claiming is owed is approx £9900 but i suspect that this is made up of lots of penalty charges

and god knows what else.

 

Its impossible to know as they (and the original creditors) have failed to produce any paperwork showing a true statement.

 

Lowells claim to have written to me prior to serving the statutory demand but I never received anything.

I certainly had never signed for anything so for all I know, they are telling lies.

 

when i submitted the application to set aside the statutory demand i used the example found on here

(and they had theirs set aside), so i'm pretty confident that i did that bit correctly.

[unclebulgaria67]

See how it goes and report back.

 

I would suggest that you don't post up details of the set aside and debate it. We know that debt collectors and the Solicitors they use, do read online forums.

 

For such a recent debt and default, I think you will have a battle on your hands, if there is a set aside hearing. Because the debt was taken out after April 2007, they don't need the original CCA to enforce the debt in court, they need only evidence that you owe a debt. The non compliance with a CCA request and subsequent dispute may be a bit weak on its own. As you will have read, some Judges are not that helpful to LIPs.

[Reddkatt]

Thanks for your reply. I hope BW do read it, as I've got nothing anyway so bankruptcy will result in them getting nothing anyway. The house is in massive negative equity and my wife went bankrupt in 2010. We were allowed to keep the house. I just like costing them time and effort when they're on a hiding to nothing. I consider them parasites that prey on the vulnerable.

[unclebulgaria67]

Thanks for your reply. I hope BW do read it, as I've got nothing anyway so bankruptcy will result in them getting nothing anyway. The house is in massive negative equity and my wife went bankrupt in 2010. We were allowed to keep the house. I just like costing them time and effort when they're on a hiding to nothing. I consider them parasites that prey on the vulnerable.

 

It might be an idea to write to BW legal just advising them of this situation, as I think they then won't bother to argue about the set aside. Also the mortgage company won't be very happy, if Lowells caused them a loss down the line, if they went for bankruptcy, forcing the sale of the house. If you wifes bankruptcy is still an issue and she is joint owner, I guess any creditors won't be happy with this either. Legally it would be complete mess, that BW legal/Lowells wished they had not got involved in. You might think that it would be great to stitch them up, but it won't be hassle free to your wife and yourself.

[Reddkatt]

Both the judge and in fact their own solicitor were very helpful and understanding!

 

 

It turned out that the comment about not needing to provide a CCA was NOT to be the case as per the judges comments.

 

 

He told them that they DO need to provide a CCA as requested !

 

 

They withdrew their statutory demand application .

 

I was informed that there has been a recent spate of these statutory demands

and I got the impression it was frowned upon by the judiciary (in my opinion)

 

They've probably realised that they are opening a huge can of worms and that there is genuinely no money to be had.

[unclebulgaria67]

Good result then. You will have to see whether Lowells choose to go down another route e.g CCJ or just give up.

 

Interesting comment re the Judge saying that the CCA was still needed for a debt taken out after April 2007. My previous reading on this as been that the original CCA was not needed to enforce these debts.

[dx100uk]

time to get an sar off to hbos

and get all the statements

 

 

there might be more to reclaim [PPI?]

bar the PENALTY charges....

 

 

well done

 

 

that's the 2nd one this week whereby a judge has told lowlife

that going for an SD with NO PAPERWORK is OTT!!

 

 

dx

[Reddkatt]

Thank DX.

I want to consolidate my position now and I would welcome your thoughts on how to proceed from here.

 

I dont believe there is unclaimed PPI on the account

but i would like to ensure what paperwork they hold and a breakdown of the how they come to their figures

as i suspect that the figure they are claiming is made up of all manner of spurious charges and interest rates.

 

As it has been through several different DCA's and no longer belongs to HBOS,

 

I suspect that their paperwork is not in the least bit complete.

 

Despite being in court and seeing the facts

 

I put in my application to have the judgement set aside,

 

they still have not replied to my original requests for a CCA that were asked to the original creditors back in 2012.

[dx100uk]

sar is a must

 

wonder if an sa to lowlife might be fun too

 

dx

[citizenB]

Redkatt, you should send a Subject Access Request to the original creditor - this will / should give you the information you require up to the point that it was sold to Lowells.

 

If Lowells have had the account for more than say, 12 months, then you might want to send a SAR to them as well in order to see if there have been any charges placed on the account whilst it has been in their possession.

[citizenB]

Good result then. You will have to see whether Lowells choose to go down another route e.g CCJ or just give up.

 

Interesting comment re the Judge saying that the CCA was still needed for a debt taken out after April 2007. My previous reading on this as been that the original CCA was not needed to enforce these debts.

 

I think it is more likely that they were in breach of the actual CCA request (s78) rather than them not requiring the document for enforcement UB.