Lowells again - Statutory Demand on a debt they bought

[natwestvictim2]

Someone has just personally delivered a Statutory Notice from a law firm acting for Lowell Portfolio, so I know I have 18 days from today. Not sure when that takes me to - is it working days or calendar days?

 

The form states the original creditor is Equidebt who I am fairly sure I have never taken out any credit cards or loans with. So I think they bought the debt themselves. I don't recognise the actual amount stated (I have an old Experian report from June 2009) so I'm guessing there may be charges added on. The default date stated is 13 October 2008 and I don't recognise that either.

 

I see from other cases that I should submit a form requesting details of the debt and copies of anything I might have signed. I presume I send that to the law firm, to Lowell and to Equidebt? I have addresses for the law firm and Lowell, but not for Equidebt although the paperwork does give and "original account number" from them.

 

Do I contact anyone and say anything else in the meantime?

 

I think I'm going to need step-by-step guidance here!

 

Anyone up for it?

 

I've looked round the site and read as much as I can. Sad to see this is a common problem and embarrassed to post this as a new thread but done so as everyone's case is slightly different and it's no good me following good advice for someone else if it is not relevant to me! Hope I've posted this in the right place.

[unclebulgaria67]

Write to the law firm to request all the details for this debt. Equidebt are purely the previous debt owner who would have purchased it off the original creditor. You don't need to send anything to Equidebt, as they are no longer around ( in administration)

 

Send a CCA request to Lowells. http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

It is probably for a credit card or storecard or catalogue debt. The statutory declaration should provide some details of the debt.

 

You will receive some help on CAG with what to do, but there are some Solicitors around who may help you on a no win no fee basis. If you do some searches online, you may find them.

[unclebulgaria67]

You have 18 calendar days from the date the SD was served to apply for the set aside.

[Gone_Native]

Unless I'm wrong Equidebt were a debt buyer in the Midlands that went bust a few months ago, they in turn probably purchased that debt from someone else most likely the actual original creditor, it sounds to me like Lowell have bought some debt from Equidebt and the stat demand has been filled out incorrectly which should be grounds alone for setting it aside.

 

You should direct your request for information to the law firm yes as well as making your application to set aside which would need to be served on them also.

 

May even be worth a complaint to the relevant bodies for stat demanding over a 'fresh air' debt.

 

Thanks

[natwestvictim2]

Thank you, UB67. Will do.

 

Thank you, G_N. I like your style, please tell me more about complaining about them! However, I thought not responding to a CCA was one of the grounds for requesting a set-aside? So don't I have to do that first, give them the time and then do the set-aside?

[oleg]

I've been racking my brain since seeing this 5 hours ago and finally I remembered. In Sept /Oct 08 Equidebt bought a tranche of debts from MBNA , some of which were originally Alliance and Leicester. Did you hold such a card? The ones EQ failed to collect on were subsequently snapped up at bargain basement rate by Lowell when EQ were holding a desperate fire sale.

But it defeats me how you could be in this position without having received plenty of threatening letters prior to this . . . unless you changed address . . . or they are barking up the wrong victim.

That's why you should do as Uncle B advised.

[catquest]

If it's a card that MBNA took over it's very likely there is no agreement on file.

It's very important you send the CCA request, insisting on 12 + 2 days which may just give you time to say you didn't receive it on the Set aside form.

[natwestvictim2]

Oleg and CQ, thank you.

 

It could well be MBNA, I'm pretty sure I had one of those. They don't appear on my Experian report from June 2009, so I presume they had already sold it on to someone else who then sold it to Equidebt who sold it to Lowell. There may have been others before that! MBNA has long since received enough money to make them satisfied or they wouldn't have sold it in the first place. As you say, the original paperwork may not exist any more.

[natwestvictim2]

Okay, for clarity, I'm filling in the CCA Request form with Lowell as the "creditor" but I'm posting it to their solicitors (as UncleB said). I'll add a covering letter to them.

 

I note they have 12 working days to reply while I only have 18 calendar days. Their deadline is a week later than mine so I won't be able to cite non-compliance on my set-aside request.

Edited December 14, 2013 by natwestvictim2

[superstarjan]

Hi NWV2, have a quick read of this, I hope it helps

http://www.consumeractiongroup.co.uk/forum/showthread.php?407917-What-to-do-when-issued-a-statutory-demand

[natwestvictim2]

Okay, I'm finally steeling myself to go to the Court tomorrow so have been studying the forms.

 

I think there's a problem. The auto-link feature which links the words "set-aside" on this site to another page of explanation seems to be sending me to the wrong information. What I end up with is a form N244 from the Commercial Court of the Royal Courts of Justice. It looks fiendish which is why perhaps I have taken so long to force myself to deal with it. However, if I Google for "statutory demand set aside" I find an entirely different page of explanation here: hmctsformfinder.justice.gov.uk/courtfinder/forms/loc011-eng.pdf

 

This form is quite explicitly the one I need and it sends me to the Insolvency Service web site to download forms 6.4 and 6.5. So that's what I'm planning to do. These forms apparently do NOT require court fees while the other one says the fee is £60 (which I don't have at present).

 

So this is quite serious. Am I doing something wrong???

 

(Aside from the fact it won't let me post links which kinds of defeats me)

[Andyorch]

The N244 is used to set a side a judgment (CCJ) for Stat Demands go here:-

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

 

 

Regards

 

 

Andy

[natwestvictim2]

Hi andyoch, thanks for the reassurance. As a member of the site team you ought to know that when the site auto-links terms like "I need to do a set aside" or "you need to do a set aside" or "how do I do a set aside" it links to the CCJ set aside which tells you to submit form N244. Can I respectfully suggest someone needs to look into that? It caused me a lot of worry and wasted time.

[Andyorch]

I simply do not have time to check every autolink and advise on all the threads that I do NatWest...but I have reported it to admin to amend the link for set a side on SD,s.

 

 

Regards

 

 

Andy

[Andyorch]

Auto link now amended to incorporate Statuary Demands.

[rebel11]

If it's confirmed as a credit card debt, you might have credit card charges as well as PPI on the account which might be worth pursuing.

[natwestvictim2]

Thanks again andyorch, I know you do a lot and I wasn't expecting you to do it personally but I figured you'd know a man who does... Or it could even be a lady...

 

I saw the comment above about possibly being MBNA and that rang a bell, I did have a loan with them but that is one of the few I did manage to pay off in full.

 

I shall just have to wait and see what the CCA request draws out of the woodwork.

[42man]

If it was me in your position then I would certainly be setting this aside, you will (as you correctly found out) need forms 6.4 and 6.5, you will need to take the original demand with you into court along with the 6.4 and 6.5 completed along with any accompanying letters or any other evidence. - please take a look at this thread which you may find useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?389230-Help-Lowell-Statutory-Demand-LIttlewoods-Cat-debt-amp-store-card-together-**SET-ASIDE**&highlight=statutory

[42man]

Here too - http://www.consumeractiongroup.co.uk/forum/showthread.php?387645-Cabot-issuing-statutory-demand-via-stewart-barnes-Aqua-Card-debt/page3&highlight=poppay

[natwestvictim2]

Got a date for the set-aside hearing...

[natwestvictim2]

In response to rebel11, the CCA Request may prove me wrong but I'm pretty sure there is no PPI element in this, I never took out PPI as it always seemed like a rip-off from the start. Too many exclusions...