Brayan carter help!!

[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.

[janet37]

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.

 

Hi sorry, I did not make it clear I ramble a bit! I did post the same letter to BW legal as well I have not heard anything from them yet, should I hold back and see what they come back with?

[42man]

Firstly send this email to this address Polly.Ashford@oft.gsi.gov.uk

 

Dear Polly.

 

I am writing to you to report 2 companies who are currently attempting to make me bankrupt.

 

On (date) I received a statutory demand from BWLegal on behalf of Lowells. I sent the email below on the (date)

 

Dear Sir / Madam

 

I am in receipt of your recent statutory demand which came into my hands on (date)

 

It is my intention to set this aside at my local court and claim my costs in the process. I am also fully aware of the Consumer Protection From Unfair Trading Regulations 2008, The Office Of Fair Tradings guidelines on debt collection and your own associations code of conduct. I am sure I do not have to remind you of any potential breaches of this.

 

I have already stated in a previous email that I will not be making any payment towards a debt that is statute barred. If you do not withdraw your demand or you do not correspond with me within 7 days, then I will take it that it is your intention to present a bankruptcy petition.

 

Please also take into account that when I appear in court, and on any subsequent 'unless' order then when the issue of costs arises I will be showing the judge ALL my correspondence including this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

----------------------

 

This is the reply email they have sent me.

 

(CUT AND PASTE HERE)

 

I am disgusted at the repsonse I received which is clearly nothing more than a generic letter and could easily mislead the less well informed that the statutory demand has been withdrawn. (which it clearly hasn't) It is also clear that this is a breach of The Consumer Protection From Unfair Trading regulations in line with your guidelines and their 'associations' code of conduct.

 

I am about to set this aside in court due to the alleged debt being statute barred. It seems both of these companies who work hand in hand, have little or no lines of communication, and if they cannot communicate properly with somebody who is facing the loss of everything, then they should hardly be allowed to operate in this way.

 

I do hope the Office Of Fair Trading take action against this company.

 

Yours faithfully

[42man]

Continue with your set aside....

[janet37]

Thanks once again for all the help. I will start the set aside at the end of the week when iI have some time off.

[janet37]

Hi have had a letter from BW legal today dated 04/02/2013 it says that you were served a statutory demand by way of substituted service on 30/01/2013 please contact mathew leech at this office as soon as possible. If we fail to recieve a response from you by the 20/02/2013 we will send a bankruptcy petition to court to be issued, then it goes on to say what a bankruptcy order is... frightening me to death! the last paragrah says that in order to avoid us submitting a bankruptcy pettition to the court please contact us before the 20/02/13 to arrange a payment solution I dont know what to do , I have posted them the letter about the debt being over six years old and they have clearly ignored this. What is the best thing to do?

[42man]

Have they included an email address ? If so then send them exactly what you sent to Lowells. And please forward the contents of the letter to the email address at the OFT above, once again all they have done is bullied you by means of a letter.....

[janet37]

Have they included an email address ? If so then send them exactly what you sent to Lowells. And please forward the contents of the letter to the email address at the OFT above, once again all they have done is bullied you by means of a letter.....

 

Hi thanks for you quick reply, I did send them the same letter by recorded delivery at the end of last week. there is an email adress on this letter should I email them the letter as well? sorry to appear a bit stupid but this is making me so frightened, I know that they are bullies by reading around this forum,

[42man]

Here you go...

 

enquiries@bwlegal.co.uk

 

Dear Mr Leech

 

I am in receipt of your threatening letter dated (xxxxxx).

 

This email was sent to your client on (xxxxxx)

 

(cut and paste the email you sent to Lowells)

 

It seems plainly clear that you will not be withdrawing your statutory demand, It is now my intention to set this aside at my local county court. I will also send yours, Lowells misleading correspondence and my own correspondence to the Office Of Fair Trading as it seems you are quite clearly in multiple breach of CPUTR2008 and your own association's Code Of Conduct.

 

I will repeat for the second time, when the issue of costs arises I will be producing all documentation to the judge at the forthcoming hearing.

 

I trust this makes my position completely clear.

 

Yours sincerely

[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 !!

[42man]

Make sure you send all this correspondence to the OFT......and carry on with the set aside, a statute barred defence is a complete defence....

[42man]

They are attempting to steamroller you into submission, moreover they are asking you to ring them, what they will do then is frighten you into paying (please don't phone them unless you can record the call)....Lowells letter is completely misleading, stand your ground and please don't be bullied....I can assure you that when this over and you are looking at a costs order in your favour you will actually be really, really angry at the way you have been treated.....both myself and others have been in similar situations.

[janet37]

Thank you so much for all your support, I will start the setaside tommorow as I have some time off, will I need to get any forms from anywhere or will I be able to fill them in online?

[DonkeyB]

So spot on, 42man. They are DELIBERATELY misleading you by stating that the only way you can avoid bankruptcy is by making a payment. That is simply not true – it is a blatant lie.

 

Time to get it properly set aside and to stuff them for costs. Sod being reasonable about it.

[42man]

Have a look in the links I gave above in post #8 and #15 and please don't submit the forms if you aren't sure what to write....please do shout if you need any help

[janet37]

I am lurching from being frightend of losing my house to being so angry. then trying to put it in to perspective this was an unssecured credit card debt andthey are theatening to make me bankrupt and sell my house, there is not much equity in the property and it is jointly owned with my husband, surely they cant get away with this!

[42man]

They won't get away with it if you don't fight fire with fire. In this case attack is the best form of defence, you have made it quite clear in your correspondence your position, they are NOT stepping down, once a judge sees your correspondence (and the OFT too I hope) and subsequent set aside, he/she will be pretty livid that the insolvency system is being abused this way....

[42man]

As I say....if you need help on what to write then please do ask...

[DonkeyB]

No, they can’t. As long as you are certain of the SB status of the debt, you will get the SD set aside.

 

And it’s time to really ramp up the complaints to TS and the OFT. These excuses for businesses are out of order. They abuse the courts and insolvency laws, and deliberately set out to lie to people. Lowell are 100% responsible for the actions of BW Legal (their agents), while BW Legal are also in clear breach of the code of conduct for solicitors by deliberately attempting to mislead you and by deliberately misrepresenting the true legal position.

 

If only the OFT were not so completely toothless and useless when it comes to revoking consumer credit licences. Ditto for the SRA and its ‘slap on the wrist’ mentality.

 

Try and stay objective – they are trying to scare you.

[janet37]

As I say....if you need help on what to write then please do ask...[/quote

Thank you I know that I will need help I will have a read and try and find what forms I need to do this.

[janet37]

And how is it that one minute its a charge on my house next thing they are all out to make me bankrupt... its ,mental cruelty!! What would a judge ask for as proof of statue bar I have copies of statements that show the last payment date as 14/12/2006, I sorry for all these questions. this letter has upset me ,

Edited February 6, 2013 by janet37

[42man]

If you have proof of the last payment then even better !! have a good look around these threads and I can add some more to your 6.5 if you want me to...

[DonkeyB]

Janet, what would be REALLY useful in setting your mind is if you do a bit of extra work to absolutely establish that you have the correct last payment date. It may be worth calling (and recording the call) Creation Finance – they are obliged to hold the data for six years, so MUST still have the info on the last payment date.

 

Have you had any other contact with either Creation or Lowell or any other DCA since you made that last payment in 2006?

 

Also, are you sure there was no date on the previous SD? It should certainly have been dated. This won’t form part of your set aside, but will form part of your complaint to the OFT.

[DonkeyB]

Also, have Lowell sent you any statements at all regarding the account? Any other correspondence at all?

 

In the meantime, let’s work on your set aside. Although Lowell actually posted the SD on 31 Jan, it was dated 15 Jan – let’s watch out for them trying to jump the gun, so better to do the set aside sooner rather than later. I know BW have confirmed service was on 30 Jan, and will not act before 20 Feb, but clearly Lowell and BW are not on the same page, and I’m keen to spare you any unnecessary distress.

 

And I would also suggest you send a hard copy of your emails to

 

Mr Andrew Bartle

Chief Operations Officer

Lowell Portfolio I Ltd

Enterprise House

1 Apex View

Leeds LS11 9BH

 

by recorded delivery.

[janet37]

Janet, what would be REALLY useful in setting your mind is if you do a bit of extra work to absolutely establish that you have the correct last payment date. It may be worth calling (and recording the call) Creation Finance – they are obliged to hold the data for six years, so MUST still have the info on the last payment date.

 

Have you had any other contact with either Creation or Lowell or any other DCA since you made that last payment in 2006?

 

Also, are you sure there was no date on the previous SD? It should certainly have been dated. This won’t form part of your set aside, but will form part of your complaint to the OFT.

 

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?