Stat Demand from Lowells

pinkjaney

following on from my thread help had man at door:-

Help...............

Have sent off Subject access request request to Lowells for Cap one debt that they are trying to issue the stat demand for but on checking what they have sent the reply card with my signature on realised ITS NOT MY signature have never signed my name like that now what.........

Also going to phone national Debt for some advice tomorrow but 21 days is up middle of next week so have to get a move on.

Any advice please

RAS

So you are going to need to ask for the SD to be set aside because this s not your debt.

Cannot think of a better reason.

pinkjaney

Spoke to Lowells today and they have advised they have recieved the SAR request and are now dealing with it. Told them you want to make me bankrupt please do as i have no assests, no hp, no pension and the house i live in is rented in my partners name........surprise surprise they asked me to send an account in dispute letter and get the stat demand set aside which i am going to have to do tomorrow. Any help filling the forms in would be greatful. Anyway the guy said "we dont want to make you bankrupt and hope we can come to a mutually agreeable repayment plan once everything is sorted out..............

10past6

pinkjaney wrote: »

Any help filling the forms in would be greatful

You should give them the opportunity to withdraw the SD

pinkjaney

Can i do that tell them to withdraw the sd cause the guy asked if i would get it set aside, What do you think i should do ?????

fatbelly

pinkjaney wrote: »

Spoke to Lowells today ... Anyway the guy said "we dont want to make you bankrupt ..............

pinkjaney wrote: »

What do you think i should do ?????

I think you should remind them that the OFT told another debt collection agency last year that they must

•refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated
•not discuss legal action with consumers unless it is likely that such action will be taken
•ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately, and
•ensure that all matters of concern raised with them by the free advice sector and other third parties are dealt with appropriately.

http://www.oft.gov.uk/news/press/2009/20-09

I think you should then complain to the Financial Ombudsman (with a copy to the OFT) that Lowells have issued a statutory demand where there is no intention to initiate proceedings and that they are merely using the statutory demand to harass and intimidate a debtor.

Then see what happens.

pinkjaney

Funny thing he said was with regards to the SAR request "he said have you got this from a forum". The guy i spoke to was the one that signed the Stat Demand and said he was a manager.............