Brayan carter help!!

[janet37]

Then there was just letters being sent which I never replied to, Creation passed it to red, I sent red A cca letter but did make it clear that I was not acknowleding any debt to them or anybody else the sent back copy statements from the account, and the credit agreement, they then passed it Lowells, they have kept writing to me I have never replied or contacted them, this outher statutory demand has no date on it only the date the debt was assigned to them 31/07/2007. my credit file has this default date on it in lowells name creation finance are not on my credit file.

[42man]

Even better that you sent a CCA request to Red (part of Lowells). So they have clearly issued a demand whilst in dispute....do you still have the letter you sent to Red and the recorded delivery slip ?

[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.

[janet37]

I may have a copy but not the recorded slip, but I do have a letter from red It say's we refer to your previous corrspondence with regards to this account, in response to your request please find enclosed a copy of your agreement showing your signature and a copy of the terms and conditions at the time the agreement was signed. the enclosed the statements with this and the lst payment was on 14/12/06 but i did use card on 27/12/06 then there are statements from january07 untill 07/07/07 that just show charges and late payment fees.

[janet37]

And ,I dont know if this makes any difference I had stopped paying because of the charges so the amount owed was in dispute but I have no proof of this

[janet37]

Even better that you sent a CCA request to Red (part of Lowells). So they have clearly issued a demand whilst in dispute....do you still have the letter you sent to Red and the recorded delivery slip ?

I may have a copy of the letter but no slip but i have a letter red saying that they have responded to my CCA request

[DonkeyB]

I may have a copy of the letter but no slip but i have a letter red saying that they have responded to my CCA request

 

Do you still have exactly what they sent? May be worth looking at to see if they have fulfilled the s78 request. Failure to do so is a defence to the SD.

[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.

[janet37]

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.

hi thanks for all your help so far I have found a letter from RED that h as he date of the last statutory demand that was 26/02 2008 but that was never actioned if it was I am unaware of this I have to pop out now will be back later I will need some sssistance in filling in the set aside forms, do you think I shoould carry on with the set asside or give in and make an offer, can they realisticly make me bankrupt for 3500 that was an unsecured debt on a credit card, I'm in panic mode again!

[janet37]

Im not sure what the SB date is the last payment was on 14/12/2006 but the last time card was used was 27/12/2006, I continued to get statements untill may2007 but had no contact with them.

[DonkeyB]

Im not sure what the SB date is the last payment was on 14/12/2006 but the last time card was used was 27/12/2006, I continued to get statements untill may2007 but had no contact with them.

 

What was the date on your statement showing that 27/12 transaction?

[janet37]

What was the date on your statement showing that 27/12 transaction?

it is 04/01/07

[DonkeyB]

And what did it state as the required payment date? Because six years after that could be taken as the SB date.

[DonkeyB]

If Lowell mess this up, it shows even more that they should be using the courts to claim rather than abusing the insolvency laws.

[janet37]

OK guys I will tell you whats on the statement dated 04/01/2007

Balance from last statement (Amount)

card used on 27/12/06

payment recieved 14/12/06(amount)

Late payment fee29/12/06 (amount)

Over limit FEE04/01/07 (amount)

Service charge04/01/07 @ 2'2% per month (amount)

Service charge 04/01/07@2-2% per month ( amount)

Balance amount

total due this month xxx

overdue payable nowxxx

the remainder by 26/01/07

Edited February 7, 2013 by janet37

[DonkeyB]

So 26 January 07 is when you missed the vital payment. Add six years – 26 January 2013. I believe it is now safely SB.

[DonkeyB]

...and any default date they chose to add to your credit file is totally irrelevant to the SB date.

[janet37]

So 26 January 07 is when you missed the vital payment. Add six years – 26 January 2013. I believe it is now safely SB.

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

[janet37]

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

Hi thanks for all your help so far would you be able to point me in the right direction to get teh required forms for set aside . am I able to download them or do I need to go to a court , I think Ive wound my self up after this letter from BW legal sugesting that they are going to make me bankrupt and sell my home, I am so grateful to everyone that has helped me and for the non judgemental attitude of you all on this site.

[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

[janet37]

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

Thank you

[janet37]

I have a friend that will be able to help me on saturday to download and fill the form in, I will then post it ,from reading the posts mentiioned above do I need to go to the court or just download forms and fill them in and post them. when i say help me i mean she is more computer literate than me.we will need some sssistance in the actual wording, thanks all so much.

[janet37]

Hi guys I'm so stressed over this do you think I should get some legal advice from a solicitor? dont know How Ill pay for that or do you think that I can deal with this, I am proper freeking out!! I have had a look on the net and found some one that does no win no fee on SD but I am a bit wary of this as well

[ims21]

You do not need to pay anyone to do this for you....you can do it yourself.

 

The guys have advised that this is Statutory Barred and judging by the dates I agree.

 

That is an absolute defence...no ifs no buts....statutory barred is statutory barred.