Debt Questions forum. General questions on debt issues.

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By Philip
#458743 Hi.

My name is Philip. I found this forum as I desperately need help.

I received a Statute demand today (16th December) from BWlegal acting on behalf of Lowell Portfolio Ltd.

The accompanying letter is dated the 28th November and the Statute demand is dated the 28th November also but I only received it today.

It looks like it was hand delivered as there is no stamp.

It all relates to a credit card from MBNA that I defaulted on. I believe the default date is 16th October 2008.

The amount owed is £6740. Things got out of control I and couldn't pay the monthly payments anymore. They kept increasing my limit and I was stupid and to be honest naive.

Over the years the debt was taken over by a couple of companies and now is with Lowell portfolio Ltd. And now I'm here. Sitting here reading this document.

I don't know what to do or think right now. I'm in shock if i'm honest.

I live alone and have a mortgage. I work as a nurse so I don't earn loads. I wonder if this is a huge scare tactic as they haven't tried to take me to court for a CCJ for just over five years now.

The statute states a time frame and it worries me that 18 days has passed before I received it.

Please someone help me on what to do. It would be so appreciated.

Philip
Last edited by Philip on Tue Dec 17, 2013 1:42 am, edited 2 times in total.
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By Gazza1912
#458783 Hello there. First and foremost, you must try to stop worrying. This is not a crime, it is only money that you are currently unable to repay. I am perhaps not the best to advise you on your best course of action, suffice to say you should try not to worry. I've also received a letter from Lowells today, and I'm in the middle of dealing with that.

This is most likely a 'scare tactic' on the part of Lowells. It is not your fault that the letters took so long to arrive. It is Christmas afterall, and the Post Office will be very busy at this time of the year, so the fact that 18 days have elapsed since Lowells composed their letter and the day you recieved it is neither here nor there. If you have kept the envelope their letter was sent in, it will be postmarked with a date.

DCAs will often date their letters to make it appear as if your time is running out. If the truth be known, this letter may have only been written a couple of days ago and posted yesterday. I'm not saying this is the case, but it cannot be ruled out.

Lowells now want you to think that you have very little time left, and by thinking that, they will hope that you will begin to panic, which by the 'tone' of your post, would appear to be the case, and they are 'banking' on you making contact with them now to make a payment.

UNDER NO CIRCUMSTANCES CONTACT THEM BY TELEPHONE

Lowells, like many DCAs will deny any such phone calls took place if it suits them to do so. Contact them via email or via snail mail, or sent an email and back that up with a written snail-mailed letter.

This is as much advise as I can offer at this time, but please do not worry, please keep checking back as someone more qualifed than myself will be along shortly to offer you some more advice.
By Philip
#458793 Thanks.

There was no stamp or postage marks on the envelope.

Just "private and confidential" written on the front in pen.

There was a letter from Bwlegal stating they had been instructed by Lowell Portfolio 1 Ltd.

It states "with this letter, you will have been served with a statutory demand by our process server".

From what I have found out the Statutory demand is the start of bankruptcy proceedings.
Last edited by Philip on Mon Dec 16, 2013 11:49 pm, edited 1 time in total.
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By Gazza1912
#458803
Philip wrote:Thanks.

There was no stamp or postage marks on the envelope.

Just "private and confidential" written on the front in pen.
That is even better for you, because that would appear that it has indeed been hand delived - BUT where is their proof that it has?

In as far as they are aware, and I'm assuming you did not sign for it you have not received it. They cannot prove that a hand delivered letter was delivered no matter how many times the person who delivered said they had delivered it, where is his or her proof they they delivered it?
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By TalbotWoods
#458823 Hi Phillip

Right Lowells know you have property, and that is the danger here, they do make people bankrupt. So these need to be dealt with.

The service you have discribed can be accepted by the courts

First things first, the 18 days you have to respond is from the date it is served (delivered to you), so ignore the date the filled it in.

Can you remember the LAST time you paid anything towards this debt or acknowledged this debt was yours. It is possible the debt may be Statute Barred. However, you have indicated that the default date was issued 16th October 2008, so very possible you stopped paying a few months prior to this. If you are living in Scotland then the debt will be barred by now, but if you are in England or Wales the debt is still live enforceable until some time in 2014, if your dates are correct.

Can you confirm the relevant dates please.

Tim
By Philip
#458833 Hi. Thanks for youre reply.

I think I stopped paying sometime after summer 2007. I really cant remember for sure. I wish I could right now.

I have never phoned or written to any debt collector about this.

Is there any way I could find out ?

The default date is the same on my credit file as the statute demand.

My credit file only has the payment history for 2008.
Last edited by Philip on Tue Dec 17, 2013 12:11 am, edited 1 time in total.
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By TalbotWoods
#458853 OK that is a long time for MBNA to wait to issue a statute demand,

There are a few things to consider first.

Do you have other debts, and are these being paid back?
Is your property in negative equity?
You have said you are a Nurse, are you a CPN?

Tim
By Philip
#458873 I have a CCJ for another credit card which I am paying back monthly.
I have a bank overdraft. and a credit card with a small limit of £200 for emergencies only.

My property is not in negative equity.

Im a nurse practitioner.

Another debt company took over the debt around 2009 and then I think another company chased me before Lowell.
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By TalbotWoods
#458883 Right, this is one the Lowells will go for, and we need to stop it in its tracks.

I have a feeling it is an enforceable debt, it is not barred, it is over the amount to be taken to court, the SD has had substitution service and you DO have equity.

I am going to direct you from this forum to another forum, where there is a solicitors firm that is dealing with Statutory Demands issued by Lowells, and they are hammering Lowells.

You will need to register, and start the same way you did here, (cut and paste) and send a PM to the sites owner Celestine who will very happily take this on.

They are VERY very good at hammering Lowells, and this is one that needs the 'professional' touch, and I wouldn't recommend them unless I trusted them with this.

The Site is called Legal Beagles

Please follow this link below directly to their Statutory Demand Section of the forum, have a look as some of the kicking (opps I means losses) that Lowells have had to injure from Celestine. Register, Post your initial questions, Private PM Celestine who will then look at this and correctly advise you. Normally she and her firm will jump at this (nearly always Pro Bono) then sit back and watch a professional kick some, well yes just enjoy!

http://www.legalbeagles.info/forums/for ... ry-Demands

Please dont think I am palming you off, I am actually passing you over to the 'specialists' with SDs and Lowells.

Tim
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By TalbotWoods
#458973 Hi Philip

I can see your post on Legal Beagles, and as soon as Celestine spots it, things will happen.

I beleive, but cant be 100% sure that some courts are allowing SDs when the forms have been served 'just' before the 6 year limit, rather than the date in court.

This does sound as though it may be a Statute Barred case, but I would be wrong to suggest going that route and it went wrong, hence passing you to the hence getting you to deal with Celestine who is all knowledgeable in these matters.

Other things that will come into play are matters such as if a legal agreement exists, can they produce the legal agreement, was the default served correctly, and so on.

Lets put it this way, if Lowells had hit me with a SD, I sure as hell would want to have Celestine on my side!
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By TalbotWoods
#459173 I strongly suspect that Lowells (or Blowells as they are often called) are in for a rough time. :twisted: :twisted:

You will do well :mrgreen:

Tim