Statutory Demand issued by Lowell Portfolio - WON!!!!

[gj500]

Hello to all on this site and I hope to benefit from all the advice that I might receive. Lowell Portfolio issued a Statutory Demand against me on the 14th November 2013. I applied to have this set aside using the appropriate forms. I also sent a CCA request to Lowells, and a SAR request to the original Creditor Lloyds Bank. I am relying on the Demand being set aside for the following reasons.
1) I believe the debt has become Statute Barred as I last made a payment/acknowledgement of it in January 2007.
2) I sent a CCA request to the original creditor in July 2007 when Lloyds started to threaten me with court action but never received a response. I retained a copy of the request but unfortunately mislaid the proof of postage. I also sent them a non compliance letter.
I am very worried now because I have read so many opinions of what statute barred actually means.
According to my Credit report, Lloyds issued a Default Notice in June 2008, but I cannot recollect ever receiving this.
Does the 6 years begin from my last payment, or when this Default Notice was allegedly issued.
Any help/advice would be greatly appreciated.

[FlamingParrot]

Re: Statutory Demand issued by Lowell Portfolio

Hi and welcome!

You've come to the right place, Cel, the site owner, specialises in setting aside SDs, mostly issued by Lowell. :grin:

You may want to look at this thread for reference: http://www.legalbeagles.info/forums/...ands-READ-HERE

With regards to statute barred, it is 6 years from the cause of action, which means when the creditor could start proceedings against you, that's not exactly the date of your last payment but if you haven't paid or acknowledged since January 2007, this should be SBd. :thumb:

See this for reference: http://www.nationaldebtline.co.uk/en...limitation_act

The default on your credit file has nothing to do with it, although the guidance states that a default should be recorded 3 to 6 months after your first missed payment, some creditors record them much later, so your credit file is not a good indication of whether something is SBd or not.

I'll PM Cel with a link to this thread. These are some of her wins against Lowell's SDs: :yo:

• http://www.legalbeagles.info/forums/...p-required-WON!!!
• http://www.legalbeagles.info/forums/...p-is-here!-WON!!
• http://www.legalbeagles.info/forums/...ory-Demand-WON!!!
• http://www.legalbeagles.info/forums/...and-Urgent-WON!!!
• http://www.legalbeagles.info/forums/...ell-lloyds-WON!!!!

[gj500]

Re: Statutory Demand issued by Lowell Portfolio

Many Thanks for your prompt reply. I am spending many hours researching this and I am finding the threads very helpful.

[FlamingParrot]

Re: Statutory Demand issued by Lowell Portfolio

Many Thanks for your prompt reply. I am spending many hours researching this and I am finding the threads very helpful.

Have you seen this particular post? http://www.legalbeagles.info/forums/...533#post386533

[gj500]

Re: Statutory Demand issued by Lowell Portfolio

Many Thanks, the last thread was very informative, I have all information to hand, copies of letters sent, proof of postage, proof of delivery, bank statements dating back to 2006 showing last payment made to 'Lloyds Bank Collect' was in January 2007. I have checked my credit report which shows no County Court Judgements against me. The way the Statutory Demand was served is somewhat strange. An elderly gentleman called at my home on the 21st November, he handed me the statutory demand and wished me good day. i alerted him to the fact that the demand was dated 14th November. and today was the 21st, he said he knew nothing about this, he was just carrying out his instructions. A few days later a letter arrived stating that a statutory demand was attempted to be served on the 21st and the 22nd but nobody was in. It went on to say it would be attempted to be served again on the 30th. The same man appeared on the 30th and served me with an exact copy of the same demand I already had. Do i have to apply to have both set aside ???

[CleverClogs]

Re: Statutory Demand issued by Lowell Portfolio

Do i have to apply to have both set aside ???

Yes.

The record number of SDs served by Bowells for the same alleged debt was reached earlier this year, when they served four on the same victim.
Kate got the lot set aside, :clap2:

[FlamingParrot]

Re: Statutory Demand issued by Lowell Portfolio

Many Thanks, the last thread was very informative, I have all information to hand, copies of letters sent, proof of postage, proof of delivery, bank statements dating back to 2006 showing last payment made to 'Lloyds Bank Collect' was in January 2007. I have checked my credit report which shows no County Court Judgements against me.

Have you emailed Cel as indicated on that thread? :noidea:

The way the Statutory Demand was served is somewhat strange. An elderly gentleman called at my home on the 21st November, he handed me the statutory demand and wished me good day. i alerted him to the fact that the demand was dated 14th November. and today was the 21st, he said he knew nothing about this, he was just carrying out his instructions.

That would have been a process server, employed by another firm, having nothing to do with Lowell. Just like using a courier company to send a letter, which could be dated any time. It's customary for Lowell to pre-date SDs by up to 3 weeks, with the intention of making you believe you've missed the deadline to apply for set aside. :mad2: :mad2: :mad2:

A few days later a letter arrived stating that a statutory demand was attempted to be served on the 21st and the 22nd but nobody was in. It went on to say it would be attempted to be served again on the 30th. The same man appeared on the 30th and served me with an exact copy of the same demand I already had. Do i have to apply to have both set aside ???

Once more, not that unusual where Lowell are concerned. There was a poster on here who kept getting a fresh SD every month for the same debt, a total of 4! :scared: :scared:

They both have to be set aside. :thumb:

[Amethyst]

Re: Statutory Demand issued by Lowell Portfolio

Can you post up the text of your set aside application pls. Best way to check if the stat barred argument you put forward is ok xxx have you entered the same application for both sd's yet or just the first ? Also date you submitted the set aside appl for the stat demand U received on 14th

[CleverClogs]

Re: Statutory Demand issued by Lowell Portfolio

It's customary for Lowell to pre-date SDs by up to 3 weeks, with the intention of making you believe you've missed the deadline to apply for set aside.

I am sure we can agree that it's "sharp practice", but could that be illegal?

(I'd like to see Bowells slapped so hard that they never get up again,)

[gj500]

Re: Statutory Demand issued by Lowell Portfolio

Thank you very much for all your interest and support. I have yet to email Cel but will do so when I return from work. I have also not responded to the 2nd demand yet. I will attend to all matters this afternoon. Once again Many Thanks.

[FlamingParrot]

Re: Statutory Demand issued by Lowell Portfolio

I am sure we can agree that it's "sharp practice", but could that be illegal?

Cel has looked into it, apparently it doesn't break any rules...

On the issue of the statutory demand being dated 4 weeks earlier than the service of the demand, I can't find anything in the rules that prevent this.

The critical 6.5 Insolvency application to set aside contains this KEY phrase:
"1. That on (b) (DATE)
the statutory demand exhibited hereto and marked “A” came into my hands."

So we totally ignore the drafting date and only the service date matters. However, consumers are unaware of this and the SD date causes great fear and worry.

The other area I believe needs REAL work is the conduct of the Judges who hear set aside applications for LIPs and are far too preferential to the creditor. This could be addressed via the MOJ with the suggestion of greater CCA awareness amongst County Court Judges hearing these cases.

(I'd like to see Bowells slapped so hard that they never get up again,)

[gj500]

Re: Statutory Demand issued by Lowell Portfolio

Witness Statement in defence of Statutory Demand is as follows:

1. That on (b) 21st November 2013 the statutory demand exhibited hereto and marked “A” came into my hands.

2. That I (c) (1) Do not admit the debt because the debt is in dispute. The original creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a true copy of the agreement on request within the prescribed period. The prescribed period as stated in S1 1983/1569 Consumer Credit Regulations is 12 working days. My request under S78 of Consumer Credit Act 1974 was sent to Lloyds Bank on 19/07/2007. At this present date Lloyds Bank have failed to respond. I have not acknowledged this debt, or paid any monies to Lloyds Bank since 29/01/2007. Therefore under the Limitations Act 1980, I believe the debt has become statute barred. I have never received the following: - A Default Notice A Notice of Assignment A Termination Notice The Statutory demand was served on me on 21st November 2013. Not as stated on the demand 14th November 2013. I believe that the claimants use of a Statutory Demand is trite law and merely a tactic to frighten the Defendant into paying and thereby a frivolous, malicious and gross abuse of process. It is the Defendants belief that use of the Insolvency laws as a debt collection tool is an abuse of the said laws. The claimant’s letter accompanying the Statutory Demand included an invitation to offer part settlements by way of instalments. I respectfully ask the Court to consider awarding costs on the indemnity basis, or in the alternative, on a standard basis. I will file these at a later date.

I have copied and pasted this so I hope it is ok. I would welcome any input on my statement.
I am now going to email Cel.

[CleverClogs]

Re: Statutory Demand issued by Lowell Portfolio

Witness Statement in defence of Statutory Demand is as follows:I have copied and pasted this so I hope it is ok.

I have not acknowledged this debt, or paid any monies to Lloyds Bank since 29/01/2007.
Therefore under section 5 of the Limitations Act 1980, I believe the debt has become statute barred.

I would welcome any input on my statement.

I've suggested a minor tweak.

[CleverClogs]

Re: Statutory Demand issued by Lowell Portfolio

Cel has looked into it, apparently it doesn't break any rules...

I was thinking along the lines of conspiracy to pervert the course of justice.

[gj500]

Re: Statutory Demand issued by Lowell Portfolio

Thank you for your input CleverClogs, but unfortunately I have already submitted the statement to the Court. Received hearing date today from the said Court for 2nd January 2014. I'm not sure if this is a good thing or not. I did forget to mention that on the SD was the wrong address for my local Court. They had moved over 4 yrs previously and the Court official with whom I met told me that BW Legal have been made aware of this on several occasions. I have made contact with Cel, and I eagerly await her response. I sincerely hope the SD is set aside, but I will be absolutely livid if is withdrawn through lack of evidence. This and other debts were brought about by my Wife's medical condition, and all the stress and anxiety regarding this situation is having an adverse affect on her health. I have prepared complaint letters for the Office of Fair Trading, my local Trading Standards and the Law Society. Thank you once again for everybody's interest and support.