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Statutroy Demand thrown out by Judge

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  • Statutroy Demand thrown out by Judge

    Hi All,
    Just joined today after having the joys of Lowell via BW Legal serving a SD at my home address on the 14th Feb. I first had a unheaded piece of paper with a mobile number to call which I declined to do as looked rather dodgy. Then the following evening (whilst asleep from shift work) Had a ringing and banging on the door that could only be described as trying to secure entry through intimidation and violence. By the time I got up I saw a BMW drive off and had I got the reg I would have reported to the police. Shuvved through my letter box was a SD from BW LEAGL via Lowells.

    I emailed BW legal the next day requesting infromation re a Capital One debt, ie CCA and break down of monies owed etc etc.and also complained about the heavy handed tactic of the door knock and the intimidation it caused etc. No reply to the latter. The reply was they couldnt answer the e mail due to data protection and I had to call them to do this. In the meantime I applied for the SD to be set aside and kept my correspondence to BW legal.

    On the 19th Feb I got a letter from BW stating that they had received my e mail and had to go back to the originator for the info I requested. In the mean time I had sent them correspondence of the SD to be set aside and again they ignored it.

    I attended the hearing at Weynouth CC having called the same day and being informed by the court that they had not heard anything from BW or Lowell. On arrival for the hearing I was surprised to learn a legal rep had come in behind me representing the company. She attempted to get me to sign a consent order to adjourn the set aside application whilst Lowell got the info I requested and then for me to respond etc. Basically 56 days later they could go ahead with the SD. I have no CCJ on this debt to capital one, nothing on my credit file etc etc.


    On entering the hearing I am glad I never singned or agreed to anything as the Judge threw the SD out on the basis that the company had not furnished me with the CCA and neither could the company provide a copy of any default notice.

    What happens now? My first idea is to report them to OFT for threats and intimidation with no evidence of the debt, CCA or default and using the court as trite law. What should I do next. ? Can Lowells now re apply for a SD etc, do I negotiate with them over a debt from 5 years ago that I havent addmitted to etc.

    any advice would be helpful. I have no assests as my home is in negative equity. The debt is for 2.5k. Will they persue?
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  • #2
    Re: Statutroy Demand thrown out by Judge

    Wow your story makes my day and it's only 9.30 am :cheer2:

    Definitely report Lowell to the OFT because if they get enough complaints then maybe they'll do something about this rogue business and revoke their licence. Also make a complaint to the CSA (Credit Services Association) and to the DBSG (Debt Buyers and Sellers Group) for breaching their code of conduct :rant:

    From what you say Lowell are still in default of your s.78 CCA request so they can't enforce the debt until they produce those documents. If/when they do send you anything come back here and we'll see if they are good or bad. If this was an old Capital One debt chances are at best they'll find the application form which usually didn't have the prescribed terms included.

    If I get a SD from Lowell I'm going to ask to get the hearing transferred to Weymouth County Court in the hope I get the same sensible judge!

    Comment


    • #3
      Re: Statutroy Demand thrown out by Judge

      Originally posted by suzuki104 View Post
      I attended the hearing at Weynouth CC having called the same day and being informed by the court that they had not heard anything from BW or Lowell. On arrival for the hearing I was surprised to learn a legal rep had come in behind me representing the company. She attempted to get me to sign a consent order to adjourn the set aside application whilst Lowell got the info I requested and then for me to respond etc. Basically 56 days later they could go ahead with the SD.
      The cheeky minx!

      Did she offer any "inducements", such as saying she could stay the proceedings if you signed but, if you did not, you would be declared bankrupt?

      On entering the hearing I am glad I never singned or agreed to anything as the Judge threw the SD out on the basis that the company had not furnished me with the CCA and neither could the company provide a copy of any default notice.
      I doubt that they ever will. They might be able to cobble together something they will pretend is a "twue copy" but which is really nothing of the sort.

      What happens now? My first idea is to report them to OFT for threats and intimidation with no evidence of the debt, CCA or default and using the court as trite law. What should I do next. ? Can Lowells now re apply for a SD etc, do I negotiate with them over a debt from 5 years ago that I havent addmitted to etc.
      Exactly how long ago did you last pay towards this alleged debt or acknowledge it in writing or by email?

      any advice would be helpful.
      Invest in a dictionary or install a spell-checker.

      Comment

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