HELP Statutory Demand

plymouthvictim

lowellcrooks wrote: »

Well done, great letter, I hope your threats are carried out to the letter and not just sayings....

They have been carried out all right, two meetings just today, one with Devon and Cornwall Police, and the other at the Plymouth County Court where today I issued proceedings for damages against them, and to have the SD set aside.

I have e-mailed Watchdog and most of the national newspapers also today, so watch this space.

lowellcrooks

plymouthvictim wrote: »

They have been carried out all right, two meetings just today, one with Devon and Cornwall Police, who are looking at bringing a criminal case against Lowell Financial, and the other at the Plymouth County Court where today I issued proceedings for damages against them, and to have the SD set aside.

I have e-mailed Watchdog and most of the national newspapers also today, so watch this space.

I will be personally e-mailing you now you have posted this reply. I wish to ADD EVIDENCE TO YOUR CASE NO. WITH DEVON POLICE, I WILL WILLINGLY BE A CO-COMPLAINANT IF APPROPRIATE RATHER THAN INITIATE MY OWN SEPARATE ONE, AS I BELIEVE 2 PERSONS OR MORE WILL REMOVE ANY RELUCTANCE ON THE POLICE'S PART DUE TO THAT THIS IS "A WASTE OF TIME, NOT SERIOUS OR A CIVIL MATTER..." etc. I don't live too far away, Glos.
In addition WHO have you actually named on the complaint, ALL of Lowells directors (I can provide you a list along with some domestic addresses if need be) OR just the one director named on the SD?
Regards.

fatbelly

This is interesting.

I am particularly interested in the point:

2. That the aforementioned companies send out 'solicitors' letters when in fact they have not come from any solicitor registered with The Law Society, and details of this have been passed to The Law Society for action to be taken

I often suspect that 'solicitors' letters are nothing of the sort and will watch developments with interest

lowellcrooks

"plymouthvictim" I have PM'd you btw!
Will be more than happy to make statements and provide evidence on your behalf, in either civil and/or criminal proceedings,in person if necessary.
Will be interviewed by police if necessary, it's time these directors of Lowlife/Red/Scamptons Legal had to answer in both criminal and civil courts for their illegal and vexatious actions.
Up until now they have relied on the inertia, ignorance and apathy of their victims that generally arises at the point Lowell finally exhaust their intimidation process when the victim can no longer be pursued legally and has told them so, and at that point feels 'relieved' that it's all over and (understandably) detaches themselves from the matter.
At this point persons like you and I will STAY ANGRY and act against them.
I personally won't be bothering with the toothless FSA and tedious Ombudsman, but like you straight for the jugular in civil court for damages (where it will hurt them as they are greed-merchants) and criminal charges which hopefully will lead to prison sentences for the criminals and/or massive fines. After all they have and are committing serious crimes.

plymouthvictim

lowellcrooks wrote: »

"plymouthvictim" I have PM'd you btw!
Will be more than happy to make statements and provide evidence on your behalf, in either civil and/or criminal proceedings,in person if necessary.
Will be interviewed by police if necessary, it's time these directors of Lowlife/Red/Scamptons Legal had to answer in both criminal and civil courts for their illegal and vexatious actions.
Up until now they have relied on the inertia, ignorance and apathy of their victims that generally arises at the point Lowell finally exhaust their intimidation process when the victim can no longer be pursued legally and has told them so, and at that point feels 'relieved' that it's all over and (understandably) detaches themselves from the matter.
At this point persons like you and I will STAY ANGRY and act against them.
I personally won't be bothering with the toothless FSA and tedious Ombudsman, but like you straight for the jugular in civil court for damages (where it will hurt them as they are greed-merchants) and criminal charges which hopefully will lead to prison sentences for the criminals and/or massive fines. After all they have and are committing serious crimes.

Yes indeed, the more that can bring a joint action against Lowells, the better. I will therefore be seeking a good lawyer to represent us in a class group lawsuit against Lowells and it's directors

I have recieved today by recorded delivery a letter from Lowells saying that they have withdrawn the SD, and admitted that they are not entitled to the alleged debt. This is a great piece of evidence, as they have now openly admitted that they are doing wrong.

plymouthvictim

I have today recieved by recorded delivery a letter from the directors of the Lowell Group, saying that they have withdrawn the SD, and have no entitlement to collect the alleged debt. To me that is an open admission that they are in the wrong.

rog2

plymouthvictim wrote: »

Devon and Cornwall Police would like to hear from other people who have had dealings with Lowells. Their phone number is 08452 777444 and quote log 319 of 22-02-08.

I hope that LOWELL/RED are now, finally, going to get their comeupance, pv.

I hope that CONNAUGHT COLLECTIONS are next in line, with any other Debt Collection Agency that uses the 'Statutory Demand' as a scare tactic to frighten 'alleged debtors' into paying 'debts' which may not even be legally enforceable. :mad: :mad:

Great result for you, though. :T :T

plymouthvictim

Yes indeed.

lowellcrooks

I have looked into the actual working of this too - if you have a cut-and-dried case whereby they have criminally breached the CCA as in my case (i.e. they have served SD AFTER the 12+2+30 days without responding to your PROVABLE-by-recorded-delivery submission of £1 for signed documents and deed of assignment etc.) AND/OR the alleged debt is statute barred, why not do this?
Simply ignore the applying to have the SD nulled (yes it costs nothing but you still have to fill forms in and go to court to enter it don't forget) and then call their bluff.
See if they DO spend the hundreds and petition you for bankruptcy. You can defend this for free yourself, simply turn up for the hearing and submit the Statute-Barred/CCA (thus vexatious AND criminal) defence along with your documents of proof to the judge and request that after perusal he dismisses the petition (which he has to under the law) and awards ANY costs against the petitioner. As well as this you have the 'Wright' defence too.
Another advantage is that Lowlife will have to get this vexatious petition properly served which will cost them another 130+. Along with their representatives' costs in court, they are then almost a grand down thus far for an alleged debt that they probably paid a much tinier sum for.
Bear in mind that if a petition is properly served on you, the document will this time be from the court, and have the proper stamps and return address to make it simpler to respond to unlike the SD.
Bear in mind also the Judges despise a lot of these DCA's and by now have probably had a gutsfull of these vexatious attempts to bypass the CCA and bypass the normal burden-of-proof needed for a CCJ, so if you can immediately prove the Barred/CCA defence, the judge will stop the hearing immediately,plus probably admonish the rep. of the petitioner for their conduct.
In addition, you can also do a lowlife special - if they sent the SD by post (I don't see the relevance of this first/second-class post rubbish by the way! as whether first or second it could still be sent recorded delivery) simply deny receiving it, and request to see their affadavit concerning it's serving and ask the court how this proves you got it? Point out that your CCA request was sent to them via recorded delivery and you have the ticket and details of the signatory from R.Mail, and ask if they can do the samefor their alleged SD letter!
This is what I am going to do, because if they are bluffing fine, nothing happens, if they aren't they pay a grand out for nothing but to look criminal and foolish in front of a Judge.
REMEMBER I AM ONLY ADVOCATING THIS APPROACH AND DOING IT MYSELF BECAUSE I HAVE IRREFUTABLE PROOF OF REQUEST UNDER THE CCA WHICH HAS EXPIRED WEEKS AGO MAKING THEIR CONTINUANCE OF HARASSMENT FOR THIS ALLEGED DEBT ILLEGAL AND VEXATIOUS, PLUS PROOF THAT IT IS STATUTE-BARRED.
P.S. IF YOU have received an SD letter and the date of the ORIGINAL accrual
of the alleged debt is NOT in the box (the date they allegedly purchased the alleged debt WILL be by the way but that is NOT ALL the SD form requires!!!) then it IS almost certainly a bluff, because the form demands the original debt date too, and as we know VIRTUALLY ALL THE CHEAP ACCOUNTS LOWLIFE BUY ARE STATUTE-BARRED HENCE THIS IS DELIBERATELY OMITTED!

Arsenal14_2

After reading the previous posts I think I may have landed myself right in it !!!!!

OK....after receiving the usual letters from Connaught regarding an alleged debt I wort to them asking them to prove the debt etc, they did not do that...instead they threatened me with a SD.
At this time I was joining Greater Manchester Police and any bankruptcy proceedings would undoubtedly have ended any chance I had of joining.
so in my ignorance I communicated with Connaught and made a few payments.
Connaught preyed on this fact knowing that I was joining the Police and really intimidated me to make payments with the threat of bankruptcy proceedings.
As a result I have now received a SD through my door and Im totally lost what to do now.
I was just coming out of the red and was going to be debt free in March.
Is there anyway of getting out of this SD ?
will they enforce it ?
I'm lost and really stressed out about this !!!!