Brayan carter help!!

[citizenB]

When was it put through your letter box ?

 

You need to get this set aside - you have 18 days from the date on the demand.

 

Can you confirm the last payment date was December 2006 - if so then this is now statute barred.

 

I will find someone to look in on you to give you some advice.

 

It will probably be tomorrow now. So try not to panic.

[citizenB]

It was put through letter box today, I have a copy of a statement that cofirms last payment was on 14/12/2006, thank you for your reply, i am so worried about this.

 

I think you probably have nothing to worry about - If you do as advised - send letter to the Solicitor who is BW legal - as Uncle Bulgaria has mentioned. Send it by the very least Recorded Delivery - if you can afford Special then send it that way. Do keep the receipt.

 

Advise that the debt is statute barred and that unless they withdraw immediately then you will apply to have the demand set aside with a request to the court for costs.

 

Then we will help you sort out what else you need to do.

[citizenB]

Reply by email if they have provided one for you.

 

That in view of the fact that they have started the legal process you will only communicate either by email or letter.

[citizenB]

Thankyou I will do this now should I stll send the statute barred letter to them and their legal company BW Legal, I have been going through some paper work, and have found another statutory demand from lowells for the same debtt, it must of been sent years ago,but i can not find a date on that, they have obviously served it but not taken any action. that also states the default date as 31/07/2007 the day they were assigned the debt from creation finance, do you think the debt is statute barred? I know that the last contact I had with them was when I made the last payment.14/12/2006, once again thanks for all advice I have been given

 

So they have already used the Stat Demand as a debt collection tool previously ?

 

Just a quick up date I have had no contact by email from Lowell not even an automated reply to my email informing them that this debt is statute barred, is this usual with them?

 

Pretty much - they have a habit of ignoring letters then sending their own brand of rubbish advising they havent heard from you. Even though you might have sent letters by tracked method and there is a signature for them. It could be they are trying to find out when the last payment was made themselves. They might even come back with a "phantom" payment so you should be ready to rebut any question that a payment was made during the 6 year period.

[citizenB]

Hi this is the reply I have received from Lowells, should I wait for them to contact me again or should I start the setaside procedure?

I confirm that your query has now been passed to the Customer Services Department who will carry out a thorough review

We will respond as soon as possible but this may take up to 28 working days.

 

In the meantime, I can assure you that the account will be placed on hold, and we will stop all collections activity whilst dealing with your query.

 

Please do not respond to this email as it is an automated acknowledgement. However, if you do have any further queries and want to speak to a member of the Customer Service Team, please do not hesitate to call us on: 0844 844 4716*.

 

As they would have instructed BW Legal, then they should be aware of what is going on. 28 days is too long for a response - if they havent responded with a good margin to enable you to submit the application you should go ahead.

 

However, I would suggest you copy BW Legal in the letter you sent to Lowells and also their response. I suggest you also send a covering note/email to advise that 28 days is too long and that if they have not responded in a timely matter then you WILL submit the application and they will be responsible for any costs you incur from that time forward.

[citizenB]

Amazing - do they not read letters / emails. You have advised this is a statute barred debt, however their little threat machine has been started and it wont stop until someone disconnects their electricity !!

 

What an apt name.. Matthew Leech !!

[citizenB]

You could add this is the 2nd time that Lowells have issued a Stat demand - the first one in 2007 was not followed through.

[citizenB]

What utter rubbish - if he were dealing with another solicitor he would deal by email !!

[citizenB]

You will receive acknowledgement from the court reasonably swiftly with a court date.

[citizenB]

It would be in your best interest to, if it actually gets that far.

[citizenB]

Just had an Email from M LEECH asking me to ring him, thats after he emailed me to say he wont deal with me by Email!!

 

Hmm, now I wonder what he wants.. might be wise to wait and let those advising you give some scenarios.. you are going to have to be very focussed if you are going to speak to them on the telephone.

[citizenB]

Then you must ask them for the cheque details - if their records show that a payment was made by cheque then they will have those.

 

Meanwhile, it might be worth asking your bank if a cheque in the sum advised was made or ask if they could possibly provide you with a statement for that date.

[citizenB]

I would have thought you would need to correspond through the Solicitor, but it might be better for you to wait for others to look in and advise.

[citizenB]

Hi just checked online and there is a cheque payment of 15.oo that cleared on the 11/03/2008 what so you think is the best thing to do? I t doesn,t give any detail about who to but I suspect they may be able to come up with the proof.

 

Is this the payment that Lowells is claiming was made to the account ?

 

Could you perhaps telephone the bank and ask if they could possibly give you information on that particular cheque.

 

I am just going to have a quick read back over your thread..

[citizenB]

Righto, you believed the last payment made was in 2006.. so why the heck would you make one "odd" payment in 2008 ?

 

If this was the only payment then did you make it under duress ?

[citizenB]

I simply dont know what the answer is - you should wait for 42man..

 

Do you have a court date ?

[citizenB]

Righto, so we do have a little bit of time in hand.. chin up.. I am sure we can think of something.

[citizenB]

I have had a letter to day from the court it says It is ordered by consent The statutory demandand dated 15/012013 Is hereby set aside. Im so glad that this I think is over!!! thanks to all who gave help and encouraged me to fight!!

 

Excellent news. Do make sure you keep all the paperwork in respect of this and that Order from the court, safely in a file, somewhere.

 

You should also let the OFT know of this, I am sure that 42man will be along with the details of the person you need to contact at the OFT

[citizenB]

Well done Janet, excellent news

[citizenB]

Do you have the paperwork for the stat demand that was set aside, still ?

 

I would say your defence is fairly simple - on DATE - you applied for and received a Set aside in respect of this same account. The set aside was obtained in NAME OF COURT,due to the debt being Statute barred.

 

Your defence has not changed - the debt is statute barred and the claimant's claim is an abuse of process.

 

I will find someone who will be able to help you further.

 

However, you must acknowledge the claim - so we need the date of issue - top right hand corner of the claim and if you can also let us know what it says on teh claim form.. eg the reason they have issued the claim that would be helpful.

[citizenB]

Simply submit the SB defence CB...its not an abuse of process to issue a claim after a failed Stat Demand...however in this case the result will equate to the same ending:-D

 

Costs should be claimed for the initial set a side and the defence of the pending claim.

 

Clearly vexatious but not an abuse.

 

Here you go.. this is the Statute barred defence - HTH

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

[citizenB]

Bryan carter have just been granted a ccj against me , however this debt was set aside over a year ago, is this legal, what should I do?

 

Ok, so last year there was a Judgment awarded against you. Bryan Carter would not have got the judgment as he is a solicitor so can you tell us who the claimant was/is ?

 

What was the original judgment for and on what basis did you get it set aside ?

 

You are now saying that another Judgment has been awarded for the same debt by the same company ?

 

You will need provide us with a timeline of what has happened from the point of when the first Judgment was obtained.

 

Did you ever receive paperwork for either the first or 2nd claim. ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?380607-lowells-SD-got-it-set-aside-now-got-claim-form-help

 

Is this to do with the claim made against you in the thread above ?

[citizenB]

Righto, well it looks as though the first claim was actually a Statutory Demand which you managed to get set aside.

 

They then issued you a claim and I provided you with a Statute Barred defence - did you get your defence in on time ?

[citizenB]

Ok, Janet - Have merged both threads so people can see what the hell is going on.

 

How did you submit your SB defence - did you use the Online submission.

 

Did you print off the proof that you had submitted it ?

 

I will try and find someone who can advise further.