Lowell's/BW SD for merged LLoyds Credit Card and OD debts - please help!

[Vulture Dodger]

We have an old credit card and overdraft debt from Lloyd's

that we have ignored for a long time (we've been fried by far bigger fish than this over the last few years!).

 

On Friday we received a Statutory Demand, from BW Legal on behalf of Lowells.

Harsh (yet effective, I suppose, as I now realise that we can't ignore them any longer).

 

I've had a look through the forums and there are so many threads,

but all with different factors and I'm struggling to get it all straight in my head.

 

I hope nobody minds, but I'd like to ask some questions to make sure I understand things properly

and would be extremely grateful for any help and advice anyone can give.

 

I have a feeling that this debt is over 6 years old

and we have not spoken to or responded to any letters for a long time (I know - daft).

 

How do I find out the date of when this debt became due? If it is over 6 years, does it still stand?

 

The amount is for £3,585.50 and includes a credit card and overdraft.

I don't know if this amount is correct

(I've had experience of debt collection agencies pulling figures out of thin air)

although we have until 23rd April to get this sorted before they start bankruptcy proceedings,

 

would it be wise to ask for a copy of the original credit agreement

and a statement of account, to see what the true figures are?

 

Once we get this information, or accept what they're saying,

can we make an offer to pay a smaller amount as full and final settlement,

or have we lost that chance now?

 

We can pay most of it, as we are owed some money by my parents who are currently selling their house,

which they can repay to us once the sale has gone through

(which could be within a few weeks, but both sides are dealing with solicitors

who don't appear to be in any rush - it's been dragging on for 6 months already!!)

 

can we ask for an extension on the payment date?

 

With regards to getting in contact, should we phone them or send a letter?

Do we ask for the demand to be cancelled?

 

I'm afraid I'm a complete debt dunce, so you'll need to speak up and talk slowly

 

Many thanks

[unclebulgaria67]

Is this debt on your credit record ? Suggest that you check. If the debt is not on your record, this may indicate that the default was more than 6 years ago and therefore most likely statute barred.

 

Lloyds would be able to confirm the last payment date and when the accounts went into default.

 

BW Legal/Lowells will issue the SD without holding much info on the debt. It might be statute barred. Not unknown for an SD to be issued for an SB's debt.

 

Statute barred means the debt cannot be enforced in court.

 

You are advised to apply to set aside the SD, within the 18 days allowed from the date the SD came through the door. If you don't set aside, then you would have to fight this at bankruptcy petition stage, which would be more difficult.

 

You need to do now.

 

1) Check your credit record

2) Find out from Lloyds when the last payment was made and account went into default

3) Suggest that you also send BW legal a CCA request for the credit card debt. Letter here . Don't forget to send a £1 postal order with the letter.

 

Do that for now and post back.

[Vulture Dodger]

UncleBulgaria, thank you so much for taking time to reply - I can't tell you how grateful I am for your help.

 

Hubby checked his credit record

(turns out there were also a couple of anomalies on there relating to other things on there too

- we'll deal with that later).

 

It turns out that the debt relating to this matter defaulted in 09, so it's still current.

 

Can I please clarify:

how do we request that the SD is set aside?

 

Is there a letter template, or do we do this over the phone?

 

Many, *many* thanks

[AndyOrch]

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

[Vulture Dodger]

Thank you for the templates, Andy,

 

we have used these and sent them off to the appropriate courts.

 

As I was doing so I realised that we hadn't received anything from the courts regarding a statutory demand.

 

If BW Legal/Lowell's had applied for a statutory demand,

surely we would have received something from the court

- am I right??

[AndyOrch]

Stat demands dont go through a court...the court knows nothing about it.

[Vulture Dodger]

So why do we need to apply to the court for a set aside?

[AndyOrch]

Because that is the legal procedure...only a court can set it aside.

[Vulture Dodger]

BW legal said that we need to apply to the court for a set aside.

 

Their paperwork states which courts we need to apply to for the set aside... I'm confused.

 

Are they yanking our chain?

[AndyOrch]

Only certain courts handle Stat Demand set a sides...so you use any one that they have listed.

[Vulture Dodger]

Ok, so they don't need to apply to the court for a stat demand,

but we need to apply to have one set aside

- seems a bit odd to apply to effectively 'cancel' something that hasn't been 'registered' but ok lol. Got it.

 

Thank you for your help. I appreciate it

[AndyOrch]

Thats the system:typing:

[Vulture Dodger]

You're a star Andy, thank you for your help

[Vulture Dodger]

Quick update:

 

Have applied for a set aside and have received a letter back from the court

saying that we won't be given a hearing date immediately, as it will first refer it to a district judge.

 

Apparently if the judge considers that our application shows no cause for setting aside the demand,

the application may be dismissed.

 

If its not dismissed we

'will be sent a time and date when the application will be considered'.

 

Does this mean that we may have to attend court?

And what happens if they dismiss our application?

 

In the meantime, we have been in contact with BW Legal and have asked for account history

and a copy of the original credit agreement, but haven't heard anything back yet.

 

Many thanks

[Vulture Dodger]

Another update: the court have written back to us to say that a date for a hearing of the application to set aside the statutory demand has been set for 8th May.

 

Panic is setting in slightly - are we supposed to go to this? We have no idea what happens at this hearing or what we'll need to do. We have no information about the accounts, as BW legal still haven't got back to us, so could really do with some advise.

 

Please help!

[Vulture Dodger]

Anyone? Please?

[AndyOrch]

Just make sure you attend..they most probably wont.Have you had a response to your CCA request?