Shop direct/lowell sd threat

[SUNDERLAND1]

Hi everyone,

 

 

yesterday i recieved another letter from lowell re a shop direct debt.

The letter says the next contact will be from either BW Legal or an agent delivering a stat demand.

 

 

This letter is exactly the same as one my ex partner got back in september for her Lloyds TSB debt

and sure enough within 2 weeks the process server turned up.

 

 

the top and bottom is i am a bit worried now that there is a high possibility this is not just a threatogram and a stat demand is imminent.

 

 

I opened the catalogue account probably back in 2000/2001.

Dont think its SB but i have had no contact with anyone re this debt for some 4 or more years.

 

 

There may be some charges but not a great deal compared to the debt amount and i dont think any PPI. Any advice ???

 

 

Should i just sit tight and see what happens or should i start the ball rolling on a SAR and CCA request

which will hopefully at least tempererily put the account on hold

and stop the stat demand being served ???

 

 

Just checking but is a CCA request applicable to catalogue debts ???

 

 

Any advice ASAP would be much appreciated.

 

 

Thankyou

[unclebulgaria67]

Yes you got it.

 

CCA to Lowells

SAR to Shop Direct.

[SUNDERLAND1]

Thanks uncle bulgaria for the quick reply.

 

 

I will get this CCA off this afternoon and hopefully lowell will recieve say monday at the latest.

 

 

As mentioned already many times they most likely will not have the requested documents,

so i presume i will recieve the usual letter putting the account on hold while said documents are requested fron the original creditor.

 

 

My next question is - if the account is put on hold is a process server still allowed to deliver a stat demand ???

 

 

Thanks

 

Sorry uncle bulgaria forgot to mention- So i presume a CCA request can be made for catalogue debts yes ???

[AndyOrch]

My next question is - if the account is put on hold is a process server still allowed to deliver a stat demand ???

 

They wont put it on hold until it has ( if) been served.

 

Andy

[unclebulgaria67]

Sorry uncle bulgaria forgot to mention- So i presume a CCA request can be made for catalogue debts yes ???

 

Yes

[SUNDERLAND1]

Heard nothing from lowell

 

 

they recieved my CCA request 20th january,

 

 

i have today recieved a letter from a process server saying he called twice last week when i was not at home.

 

 

He is calling again at the end of this week when again i will not be at home.

 

 

Was wondering what would happen if i nailed a wooden board across my letterbox ???

[SUNDERLAND1]

UPDATE TIME:

 

 

- I eventually recieved the stat demand and have put in for a set-aside,

a judge looked at it and decided it warranted a hearing.

 

 

I recieved a hearing date for june but i am unavailable for that date so have requested it be re-listed and am awaiting a new date.

 

 

I have recieved nothing at all from lowell in response to the CCA request not even an acknowledgement letter.

 

 

Now the interesting bit, got a letter from BW enclosing "documents requested"

namely a statement of the account with "further documents requested to follow once recieved from their client".

 

 

The statement of account consists of 1 A4 sheet showing lists of purchases, payments and very little else.

 

 

I have since received 2 more letters from BW headed "Notice Of Intended Legal Procedings"

both letters mention that they have reviewed the matter with their client

and decided to withdraw the stat demand.

Both letters are threatening county court action. T

 

 

he 2nd letter gives a balance which they have quoted previously

however further on in the letter they ask for a payment within 14 days to prevent county court action

and ask for an amount some £3000 more than has always been the account balance ??? Strange.

 

 

I have received nothing from the court re a withdrawal of the stat demand.

 

 

Any advice or thoughts please ???

 

 

Will the court actually inform me if they have indeed withdrawn the stat demand ???

 

 

Also should they really be going for a CCJ in county court when they are in breach of a valid CCA request ???

 

 

Thanks

[SUNDERLAND1]

Can anyone offer some advice please especially regarding the withdrawal of the stat demand.

 

 

Should i just take BW Legal's word for it that the stat demand has been withdrawn or should i recieve something from the court ???

 

 

Also what happens about costs ???

 

 

I put a lot of research time into setting the stat demand a-side and had full intentions of applying for my costs at the hearing,

so what happens about that ???

 

 

Thanks

[unclebulgaria67]

Well you could write to the court with a copy of the letter from BW Legal advising that they have withdrawn the SD. It may be to avoid paying you costs. Perhaps without the paperwork, they did not want to challenge the set aside. Not sure that you will get your costs back. You could speak to the court staff about this, given that BW Legal have also wasted the courts time.

 

You should respond to BW Legal, stating that a CCA request was received by Lowell on 20th Jan 2014 and they have so far failed to respond. Advise BW Legal that you will defend any court claim they or Lowell issue.

 

The extra £3k could be the interest on the debt from the default date until now. Perhaps when the SD was done they forgot to include the full amount of interest. Another reason to cancel the SD and go down the CCJ route instead.

[havinastella]

http://www.consumeractiongroup.co.uk/forum/showthread.php?407519-Statutory-Demands-and-Lowells.

 

Read here

[Guest]

as a hearing date has been set, that needs to be formally vacated re their withdrawal. i think their withdrawal and so the vacation needs to be formal for eg via a consent order. the issue of any costs can be addressed within that. i recall a thread re that, but cant remember which one atm. also, check with the court.

wait for further input on that.

[AndyOrch]

Hi Sunderland

 

As the application to set a side was your application its for you to inform the court that the SD has been withdrawn and vacate any hearing.

Statuary demands are not issued through the court (unless its used as enforcement on a previous judgment) so Lowells have no connection with the court only you because of your application.

 

I'm afraid you will have to forgo your wasted costs also unless you request a wasted costs order through the court.

 

Regards

 

Andy

[unclebulgaria67]

Hi Sunderland

 

As the application to set a side was your application its for you to inform the court that the SD has been withdrawn and vacate any hearing.

Statuary demands are not issued through the court (unless its used as enforcement on a previous judgment) so Lowells have no connection with the court only you because of your application.

 

I'm afraid you will have to forgo your wasted costs also unless you request a wasted costs order through the court.

 

Regards

 

Andy

 

Bit of a silly system really that allows the creditor to just issue the SD, without considering the court and defendants time/costs. The court would have had admin costs related to the set aside application which I believe is free. BW Legal/Lowells in this case just decide that they cannot be bothered with challenging the set aside, so just tell the defendant of their decision.

 

I think they should change the system, so the creditor has to satisfy the court that they have all the relevant documentation regarding the debt and if this is the case, the court advises the creditor that they can proceed to issue the SD. With this additional admin process, it would put off BW Legal/Lowells and others in issuing so many SD's, often when they don't have the documents. I suspect that if Sunderland had not applied for the set aside, that BW Legal would have gone ahead with bankruptcy.

[AndyOrch]

I whole heartedly agree UB...hence the application for the Wasted Costs Order....SD,s are not to be used as a debt collection tool so I would assume the Court would welcome any application with pleasure in order to punish this repeated offender.

[SUNDERLAND1]

Thanks for all the great info as usual everyone.

 

 

I will act on all your suggestions re letter to BW/Lowell and the court, and pursuing a wasted costs order.

 

 

A couple of questions though

1) Is there a fee when applying for a wasted costs order ???

2) In your opinion how likely are BW to go down the county court route while in breach of a valid CCA request by some 14 weeks now

. If they have any sense they will realise i wont just roll over in this matter especially after i challenged the stat demand ???

[AndyOrch]

Did you request costs within your set a side application?

[SUNDERLAND1]

No andy i did not.

I helped a friend not so long back with a stat demand and the court my friend had to use is the same as mine,

i remember contacting the court re costs for my friend and we were advised to bring a costs schedule along to the hearing,

the court said it was not necessary to hand in with the set a-side application.

 

 

I have heard some on CAG mention handing costs in no later than 24 hours before the hearing,

 

 

however our court said even that was not necessary.

 

 

Will this have a bearing on applying for wasted costs andy ???

 

 

Thanks

[AndyOrch]

It would have simplified the matter if you had just stated within your affidavit " and costs in this application " so remember that for future.

Ring the court that dealt with your application...you have to inform them anyway to vacate any further hearings as the creditor has withdrawn the Stat Demand and ask them if you could request a default costs certificate or if at all viable?

 

Regards

Andy

[Guest]

sunderland (well done staying up )

 

it is import that a consent order, or the like, is considered eg

http://www.liverpoollawsociety.org.uk/userfiles/file/PDF_Downloads/ConsentOrdersDirection.pdf

 

check with the court

[AndyOrch]

You dont need a consent order to vacate a hearing Ford...the court are only aware of one party..that being Sunderland..its a stat demand.

 

Regards

 

Andy

[Guest]

ok. but according to that info suggests one might be needed, otherwise just vacating an sd hearing could just be seen as acquiescence re the demand. but, maybe their withdrawal letter will suffice then.

also, it (a consent order) was mentioned in another thread re an sd withdrawal prior to hearing, hence was highlighting.

[AndyOrch]

I see your point but yes their withdrawal would be their consent should the court require it.

[SUNDERLAND1]

Thanks for the info guys but a bit more advice is needed i think.

 

 

I have today telephoned the court,

i got passed from one person to another

i presume to try to get to someone who knew what they were talking about.

 

 

Top and bottom no-one had any experience of a stat demand being withdrawn and they were not sure what to do.

 

 

The last girl i spoke to suggested letting the hearing go ahead and bring along the BW Legal letters

where they say they have decided to withdraw the stat demand.

 

 

I also mentioned the costs side of things so she suggested bringing along a costs schedule also for the judge to decide on.

 

 

Any thoughts anyone. Thanks

[AndyOrch]

"The last girl i spoke to suggested letting the hearing go ahead and bring along the BW Legal letters where they say they have decided to withdraw the stat demand. I also mentioned the costs side of things so she suggested bringing along a costs schedule also for the judge to decide on. "

 

Good advice...as I have stated... its something the courts are unfamiliar with as Stat Demands are alien to the Courts.

 

Regards

 

Andy

[Guest]

Thanks for the info guys but a bit more advice is needed i think. I have today telephoned the court, i got passed from one person to another i presume to try to get to someone who knew what they were talking about. Top and bottom no-one had any experience of a stat demand being withdrawn and they were not sure what to do. The last girl i spoke to suggested letting the hearing go ahead and bring along the BW Legal letters where they say they have decided to withdraw the stat demand. I also mentioned the costs side of things so she suggested bringing along a costs schedule also for the judge to decide on. Any thoughts anyone. Thanks

 

hence the suggestion of a consent order for eg if vacated. if the hearing goes ahead the SD will prob be formally set aside re their 'withdrawal', and the issue of any costs can be considered. a consent order prior can rubber stamp that without the need for a hearing?, if vacating.

i think it was mike hawk who mentioned that in the similar sd thread, not sure though, tried to find it but couldn't atm.