Brayan carter help!!

[unclebulgaria67]

It might be an idea to write back to Lowell or BW legal (whoever has been chasing for this debt) by recorded delivery, pointing out that the account is statute barred and therefore if they don't withdraw the SD, you will ask the court to set aside, while also asking for costs. Send them a copy of this statement showing the last payment. Hopefully they will respond quickly to confirm withdrawal of the SD, so then no need to complete forms to the court to set aside. If they don't respond, you have 18 days from today to submit set aside forms to your nearest county court that deals with insolvency.

[unclebulgaria67]

If BW legal are dealing with the SD, you should have written to them as well, as I expect that Lowells may not respond or in time, leading you to have mess around with a set aside.

[unclebulgaria67]

I have copies of statements from the creation account I have made the last payment on 14 dec 2006 but i then used the card on 27/12/2006 I have only just noticed this , is this going to change the statue barred status?

 

Possible. If you used the card in December 06, then they would have sent a statement in Jan 07, asking for payment within x no. of days. This may be why they are wanting to issue the bankruptcy petition by 20/2/13. They may have spotted that if they don't take action before this date, it will be statute barred.

 

Think you will have to find out from Creation when the account actually defaulted. Did they send a statement in Jan 07.

 

But having thought about this, it may be better to be ignorant of this information and to apply for the set aside based on the account being statute barred. By the time of any hearing about any set aside, hopefully the account will be definitely statute barred. In the set aside, you can enter that the last time this account was used was 27/12/06 and no repayment has been made since 14/12/06, therefore the account is subject to statute of limitations. It is then up to the BW Legal/Lowells arguing about whether the account is SB's in any hearing.

[unclebulgaria67]

If they provided a CCA, there is no dispute here, unless the CCA was not legible or bits are missing.

 

I think you will have to proceed with the set aside based on it being statute barred and then BW Legal/Lowell will have to prove otherwise. I have a feeling that BW Legal must think the debt becomes statute barred in February, hence them saying the bankruptcy petition will be issued on 20/2/13. I have not seen any posts where they have issued the petition so soon after an SD. In other posts, it has been 6 months before a BP was issued. If you go for the set aside, it will hopefully mean a hearing in over a months time, by which time it should be SB's. Any hearing will give the chance for you to find out the SB date for definite.

 

May also be worth sending Creation an SAR for all the information they hold.

[unclebulgaria67]

Hi thanks for your reply I have edited the post to show exactly whte dates are on that statement once again thankyou for all your help

 

Agree that 26/1/07 is the date to base SB'd on, so when you do the set aside forms this would be what you would state.

 

Unless BW Legal/Lowells come up with any other info, looks like you will get the set aside and the debt is then dead.

[unclebulgaria67]

See this thread for details of the forms to be completed and how. ( post #6 )

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378781-bw-legal-lowells-stat-demand

[unclebulgaria67]

You don't need to provide this amount of information.

 

It only needs to be bullet point/short sentence facts.

 

I am applying for the statutory demand served on xx/xx/xxxx by BW Legal on behalf of Lowell to be set aside.

 

The statutory demand is in regard to a Creation Credit Card Account that has not be used since 26/12/2006, with the last payment made by me on 14/12/2006.

 

I aver that this debt is subject to section 5 of the Statute of Limitations Act 1980 from 26/1/2013, being 6 years from the date a payment was defaulted on with the original creditor.

 

It needs to be something like that. Short and sweet.

Edited February 9, 2013 by unclebulgaria67

[unclebulgaria67]

It just needs to be simple. If Lowell can't prove that the account is not statute barred, then they are stuffed.

[unclebulgaria67]

No they don't need the credit card statement, but you should keep it for any hearing, if one ever takes place.

 

As far as I understand it, you complete two forms 6.4 & 6.5, for which you will need three copies. Also take a couple of photocopies of the statutory demand. Take this into the nearest county court that deals with insolvency and they will do the necessary.

 

You should do the set aside, as you never know, BW Legal/Lowells may just continue and the next thing you have to defend is a bankruptcy petition. They have made mistakes before, which has caused a load of hassle. The other thing is that BW Legal/Lowells may argue about the statute barred date. You therefore need to sort this out at the statutory demand point, otherwise you are taking a risk.

[unclebulgaria67]

The county courts are not open until Monday anyway, so relax and wait for any other advice from other CAG members between now and Monday morning. Many of the people who are much more knowledgeable on court processes tend to take the weekend off from CAG, so they may not see this thread again for a short while.

[unclebulgaria67]

I think the rules have changed and you can post them, but I would prefer to take them in and get some acknowledgement. The courts service seems quite qood at losing post and I don't think I would take the chance.

[unclebulgaria67]

Guess what !!! it's Matthew Leech!

 

If I have found the correct Linkedin for him. He is noted as a Legal Fee Earner. Makes you think that BW Legal are just set up to service the requirements of DCA's such as Lowells.

 

I just searched the Law Society website and could not find BW Legal listed. Do they actually have Solicitors listed ? Are the owned by a DCA ? There does not appear to be any info about who owns them or who their senior people are.

 

Edit. Actually they are listed on the Law Society website and they have one Solicitor who is registered. They are owned by a Sean Barton and appear from linkedin to employ people that have been employed with other DCA's in debt litigation.

Edited February 11, 2013 by unclebulgaria67

[unclebulgaria67]

Yes it is. I am so relived,,, hope that this is the end of lowells years of harrasment, the help from everyone on here was invaluable , I was a quivering wreck at he start and had some very low days but it has been worth it..

 

Were there any issues that you did not have time to look into. PPI, charges, date of last payment ? If the SD was only set aside due to lack of default notice and non compliance with a CCA request, perhaps it may be worth sending a subject access request to original creditors, if not already done so. I am just thinking that it might be wise to be pro-active in obtaining any information and pursuing anything you can. At some point, if the debt is not statute barred, I would think that Lowells might be back again.

[unclebulgaria67]

I wrote a letter to the court in my defense as I w as unable to attend due to ill health, I listed in bullet points the history of the debt, I also said I believed the debt to be statute barred, eean though lowells said i had made a payment (I am 99% sure I never did,) In the letter that came from the court , it said the judge read my letter and on that evidence the SD is set aside,

 

It is tempting to sit back and enjoy the peace. But if there is any slight chance of Lowell coming back again, it might be worth sending an SAR to original creditors. If you have never paid any DCA, then the last payment will have been made to original creditors. Makes sense therefore to send the SAR asking for copies of all statements and any documents you want to see.