Brayan carter help!!

[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.

[janet37]

I am going through paper work it looks like red and lowell were both sending letters at the same time no wonder I am so confused, there is no letter or anything about a payment plan. I have a statement of account from lowell but I never had an account with Lowell

[janet37]

Would you go to lowells or to BW legal as lowells have told me to correspond with them

[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.

[janet37]

Thanks would they have to show roof of the payment? I am like I say 99% sure, and have an array of letters from feb and march that say I have made no payments to them so it might be worth continuing down the SB route.

[42man]

99% is a high percentage.......and it wouldn't be the first time they claim a phantom payment has been made on these forums. Your local bank branch may even be able to print of the statements for that particular month/year if of course you are still with the same bank..

[janet37]

99% is a high percentage.......and it wouldn't be the first time they claim a phantom payment has been made on these forums. Your local bank branch may even be able to print of the statements for that particular month/year if of course you are still with the same bank..

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.

[janet37]

I am sorry I feel like I have wasted peoples time but when I look back I was being bombarded with letters and SD for the one debt. I am so worried now would I continue with trying to get the set aside as the debt was in dispute or resign myself to the fact that I may loose my house?

[janet37]

Would anyone be able to offer advise about this court hearing if the debt is not statue barred,

[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 ?

[janet37]

I could do,, but it seems like a bit of a coincidence, they issued a SD around the same time I wonder if I made an offer to pay them in installments, but it seems that i have letters dated for the same time from RED DCA and LOWELLS to say that I have made no effort to pay so it doesn't make sense ,

[citizenB]

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

 

Do you have a court date ?

[janet37]

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 ?

It would of been under duress I was being harrassed by two DCA RED and Lowells thanks for your help yes court date 15 /04/2013

[citizenB]

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

[42man]

Are you able to post up a copy of the agreement ? (minus your personal details for obvious reasons). Also if you can check the interest rates against the statements (the importance of which was highlighted in a high court case called Kotecha vs Phoenix) then that may be worth looking at, otherwise the penalty charges may not bring it down enough.....you may have to enter into a repayment plan to avoid losing your house. Otherwise the only other option may be the lack of default notice, but you would need to be convincing in court and need a more than reasonable judge.

[janet37]

Are you able to post up a copy of the agreement ? (minus your personal details for obvious reasons). Also if you can check the interest rates against the statements (the importance of which was highlighted in a high court case called Kotecha vs Phoenix) then that may be worth looking at, otherwise the penalty charges may not bring it down enough.....you may have to enter into a repayment plan to avoid losing your house. Otherwise the only other option may be the lack of default notice, but you would need to be convincing in court and need a more than reasonable judge.

Hi the CCA has no name on it \It is just a copy of a cca no name or anything else on it I am not sure how to post it but will have a go later when I get home. I did also send a SAR request which was ignored I then sent the follow up letter, I have copies of these but no proof of postage.

[The Mould]

Hello janet

 

Sorry if I am repeating questions previously asked on this matter (I have not had the time to read your entire case posted here).

 

Did you receive a valid statutory default notice? Is there any ppi on this debt?

 

Kind regards

 

The Mould

[janet37]

I don,t think there is any PPI just a lot of charges on the credit card statements, I did have a letter from creation finance saying they were paassing to debt collector, I did send CCA demand to debt collecter and a SAR which I had no response to.

[The Mould]

I don,t think there is any PPI just a lot of charges on the credit card statements, I did have a letter from creation finance saying they were paassing to debt collector, I did send CCA demand to debt collecter and a SAR which I had no response to.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378142-Lowell-Statutory-Demand-help!!-***-WON-COSTS-***/page3

Have a read of the above thread , hang on in there janet asyou can still defeat this SD.

Non-service of a valid statutory default notice = noenforcement - irrefutable

Failure to comply with CCA request = no enforcement -irrefutable

The above two matters, if applicable to the circumstances ofyour case, provide sufficient established and well recognised grounds tosucceed with a set aside app against a SD.

Kind regards

The Mould

[42man]

If there is no name on the agreement then the judge cannot allow the demand to stand - http://www.consumeractiongroup.co.uk/forum/showthread.php?291945-Phoenix-Recoveries-vs-D-Kotecha-Court-of-Appeal

 

It could be anybody's agreement.

[janet37]

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!!

[Ford]

[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

[janet37]

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

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..