Littlewoods - Lowells - Fredericksons

[The Tech Clerk]

Re: Lowells - Statutory Demand?

When are FSA etc going to grow up and stop this Lowells and others nonsense of mis using SBs on amounts less than £25,000? absolute injustice and cretins like Lowells are the worst offenders in procedures, I have an answer to their C.E.O:-

[Riz]

Re: Lowells - Statutory Demand?

IIRC the government were looking last year to raise the threshold to £3K. I think that idea got shelved though?

[marypoppins]

Re: Lowells - Statutory Demand?

Either personally or by substituted service. Substituted service can technically be effected by first class post or just putting it through your letterbox, but ONLY if they have made sufficient attempt to serve personally first. They would have to submit an affidavit/statement of truth to the court stating what they tried if the went forward with a petition.

Get the CCA request off, and see what if anything turns up.

Hopefully Paul can give some input as well.

So there was no reason for him not to leave the letter with my husband unless he is planning to call again.

I have to speak to Paul on Monday about another matter he has greatly helped me with so I will have a chat about this too.

CCA ready to go first thing Monday too.

[The Tech Clerk]

Re: Lowells - Statutory Demand?

IIRC the government were looking last year to raise the threshold to £3K. I think that idea got shelved though?

Well we do get very dizzy with Camerooons turn arounds, pity they do not send him to Cameroon"

[Riz]

Re: Lowells - Statutory Demand?

So there was no reason for him not to leave the letter with my husband unless he is planning to call again.

There are hoops to jump through first.

From the CPR.

PRACTICE DIRECTION – INSOLVENCY PROCEEDINGS - Civil Procedure Rules

13.3.3) Where personal service is not effected or the demand is not advertised in the limited circumstances permitted by rule 6.3(3), substituted service is permitted, but the creditor must have taken all those steps which would justify the court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the court declining to issue the petition (rule 6.11(9)) or dismissing it.

(13.3.4) In most cases, evidence of the following steps will suffice to justify acceptance for presentation of a petition where the statutory demand has been served by substituted service (or to justify making an order for substituted service of a petition) –

(1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses.

(2) Should the creditor fail to effect personal service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet the debtor, adding that a further call will be made for the same purpose on the [day] of [month] 20[ ] at [ ] hours at [place]. At least two business days' notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that:

(a) in the event of the time and place not being convenient, the debtor should propose some other time and place reasonably convenient for the purpose;

(b) (In the case of a statutory demand) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [post] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the court will be asked to treat such service as service of the demand on the debtor;

(c) (In the case of a petition) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the court may think fit.

(3) When attending any appointment made by letter, inquiry should be made as to whether the debtor has received all letters left for him. If the debtor is away, inquiry should also be made as to whether or not letters are being forwarded to an address within the jurisdiction (England and Wales) or elsewhere.

(4) If the debtor is represented by a solicitor, an attempt should be made to arrange an appointment for personal service through such solicitor. The Insolvency Rules enable a solicitor to accept service of a statutory demand on behalf of his client but there is no similar provision in respect of service of a bankruptcy petition.

(5) The certificate of service of a statutory demand filed pursuant to rule 6.11 should deal with all the above matters including all relevant facts as to the debtor's whereabouts and whether the appointment letter(s) have been returned. It should also set out the reasons for the belief that the debtor resides at the relevant address or works at the relevant place of business and whether, so far as is known, the debtor is represented by a solicitor.

[Never-In-Doubt]

Re: Lowells - Statutory Demand?

Obv as a result if the above I agree with I2D & SH now; deffo send it SD!

Sorry. We try not to encourage SD but in light of the above it may be best here to get it there Tuesday at least!

[marypoppins]

Re: Lowells - Statutory Demand?

Thanks rizzle, so they are allowed to call at my work place according to this?

That could be very awkward for me, although it's likely that the address they have for work may be an old one and the name of the company has changed.

[The Tech Clerk]

Re: Lowells - Statutory Demand?

Obv as a result if the above I agree with I2D & SH now; deffo send it SD!

Sorry. We try not to encourage SD but in light of the above it may be best here to get it there Tuesday at least!

As above SD as I sent 1st Class Recorded Delivery and they have not received them yet Thats 2 days gone past.

[marypoppins]

Re: Lowells - Statutory Demand?

Yes it is going Special delivery

Thanks

[marypoppins]

Re: Lowells - Statutory Demand?

I sent the CCA request to Lowells as stated in my last post and have today received a letter in response to my request, from bwlegal.

We write in reference to the above matter and the CCA request you submitted to our client.

We enclose the following as requested

Statement of Account

Yours faithfully, BW Legal

The statements cover May to Oct 2010, no sign of a CCA and no further mention of it!

Is it still appropriate to send the 'account in dispute' letter nowadays?

I am a bit annoyed at their franking print which shows their name but also states, Debt Recovery Solicitors! I wonder whether this should be allowed?

[Deepie]

Re: Lowells - Statutory Demand?

I sent the CCA request to Lowells as stated in my last post and have today received a letter in response to my request, from bwlegal.

We write in reference to the above matter and the CCA request you submitted to our client.

We enclose the following as requested

Statement of Account

Yours faithfully, BW Legal

The statements cover May to Oct 2010, no sign of a CCA and no further mention of it!

Is it still appropriate to send the 'account in dispute' letter nowadays?

I am a bit annoyed at their franking print which shows their name but also states, Debt Recovery Solicitors! I wonder whether this should be allowed?

I Would send this if it were me ---> CCA Query - Missing Prescribed Terms

[marypoppins]

Re: Lowells - Statutory Demand?

Hi in 2 deep,

Thanks for looking in so quickly, I was just looking at that one, I'll just need to tweak it a bit.

[marypoppins]

Re: Lowells - Statutory Demand?

A little update today with a very good result as far as I am concerned.

The CCA request I sent to Lowells was obviously forwarded to the OC (that is Barclaycard who must have purchased it from Littlewoods)

They have sent a reconstiuted copy of the terms of my credit agreement, which is just a generic couple of sheets.

However they add in the letter, the following paragraph.

"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues".

It then goes on that not withstanding that we cannot currently enforce the agreement, our rights continue to exist, you should therefore continue to pay etc. We can and will continue to take any action short of enforcement, which includes reporting to CRA's without also telling them that the agreement is currently unen, demanding payment from you, issuing a NOD and instructing a third partyto demand payment or otherwise seek to procure payment.

They refer to the Mcguffick case, as in these steps are not constituted as enforcement.

They also refer to the Carey case and unfair relationships.

This completes our obligations under section 78.

It will be interesting to see what their next step is?

[Never-In-Doubt]

Re: Lowells - Statutory Demand?

Well done. Job done. They're fooked. You win

Keep that letter safe

[marypoppins]

Re: Lowells - Statutory Demand?

Thanks Niddy, I will do.