Statutory Demand Set Aside - now what?

wibblewibble

I have just got back from Court where my hearing to have the Statutory Demand issued by Red/Lowell Financial was set aside.

In addition Red/Lowell Financial are in default of the CCA request I made prior to the hearing.

I did receive about a week ago (long after the default date) a photocopy of my application for a Cap1 credit card but NO copy of any signed T&C's No copy of any deed of assignment and No statement of how the debt is comprised etc.

As far as I can work out they remain in default for not complying with my CCA request, and now that the SD has been set aside they can't go that route again without applying to the Court for permission.

Sadly I missed the advice here about claiming costs against them.

I don't think they'll give up - they have continued to send letters threatening to take me to Court even whilst they knew that a hearing was scheduled for today (needless to say they didn't show up to the hearing) I received yet another letter threatening me with a CCJ only yesterday.

So what's my next step with this?

What affect does having the SD set aside have on Lowells?

RAS

Wibble

Did you read the threads by phymouthvictim and lowellcrooks earlier in the week?

wibblewibble

Hi,

Yes I have read both threads, but neither seem to answer what happens next - has this alleged debt now gone away (I don't think it has has it?) do I need to do anything to force Lowells into closing their files or am I still going to end up with letters and calls and threats even though I know they are toothless for the moment?

Do I wait and see what happens once they receive a copy of the judgement from the Court or do I need to send them a letter now essentially telling them to bog off and leave me alone or else? If so whats my "or else" ?

I'd concentrated everyting on getting to this point and now I'm here I'm a bit lost.

wibblewibble

Still looking for some help please - despite the SD being set asside they have continued to harrass me, I've been sent a series of their proforma letters, threats to visit my house, phone calls etc. and then on Saturday another SD for the same debt which was set asside in February.

I'm pretty sure that they can't take that to court and is another bluff but enough is enough!

What can I do now to try and force them to comply with the law? Is it down to me or should I refer this back to the Court who made the set asside order?

They are still in default of my SAR and have failed to supply any of the information I asked for prior to the court case, they are completely ignoring my special delivery letters and just continuing to harrass me and i am now getting very fed up!

stapeley

When you receive the judgement ,I would contact the court as well .I,m sure advice is available from them . It may well be worth logging onto CAG site the legal eagles there will no doubt be pleased to hear about the set aside . I write to them and tell them any more letter etc will be considered harassment and reported to the court .

fermi

I think you need to make a formal written complaint to Lowells about their behaviour.

If you haven't read through these already, then do so; so that you have a good idea what they have done wrong. You can then include that in any letter.

OFT - Debt collection guidance (pdf 117 kb)

Factsheet | Harassment

You should also include details of how they are in breach of the CCA and SAR requests, and how they are breaking the law there.

Make sure that in any letter you head it as:

"FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman."

Also that you require them to send you a written copy of their "complaints procedure" and a "final response notice" regarding your complaints that you can forward to the financial ombudsman.

Make it clear, that unless they resolve your complaints that you will report them to Trading Standards and the OFT as well.

It might be an idea to remind them of this:

OFT warns 13 companies about their debt collection practices

In particular that the OFT say:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

If you need help putting together a letter, then shout.

stapeley

Can you give some back ground details and how you dealt with the SD , it will greatly assist the many others that are now receiving SD . CHEERS

wibblewibble

Thanks everyone.

Background:

When I received the SD after many years of being harrassed by Lowells I did a lot of research here and on other advice sites and the consensus seemed to be that Lowells were most probably bluffing and to ignore the SD, however, I was and remain fed up with the way they have behaved as I disupte the debt wholeheartedly and have been doing so for the past 5 years, so part of me actually relished the thought of the matter finally being put before a judge whilst the rest of me wibbled and stressed and worried myself sick at the thought of losing.

I have kept a reasonably detailed record of my dealings with clownells and cap1 and had been sending letters by recorded delivery in recent years so I was lucky enough to have a record of my dealings with them.

I issued them with a subject access request via special delivery which they had defaulted on, together with several letters as copied and ammended from here and elsewhere asking for a full statement etc also by special delivery and which they have still failed to suppy - I also served notice on them that if they continued to harrass me I would take action against them and included the statement about vexatious litigation, so I have done everything all the sites advise me to do.

I've also spoken the the people at the national debtline (the ones recommended here) who checked everything I was doing and were able to advise me on how to proceed.

I downloaded the dispute forms online and used one copy as a template scanned it back in and completed it on the pc so I had a nice typed up copy, I listed in date order all the times I had contacted Lowells and all their failures to respond, listing all the recorded delivery and special delivery numbers and dates etc. and cross referenced them to the supporting evidence I was supplying. That took a bit of time - you'll need 3 copies of everything, 1 for the judge, 1 for the plaintiff and 1 for yourself (the originals) I labled each one as A B C D etc and highlighted in highlight pen where there was anything specific that needed to be pointed out.

Then I took those in person to the Court where I signed everything in front of the clerk as a witness and had to swear on oath that my statements were true.

Then I had to wait on a date all over Xmas before finally getting a date for February this year. They sent me and clownells copies of my documents before the date so I know clownells knew about it.

Going to Court was nerve wracking, the hardest thing for me when we got there was seeing my name and address listed on the board for a hearing under the insolvency act - I really found that uncomfortable.

Then there was a long wait for the judge and everytime the doors opened I thought it was going to be some nasty twit from clownells - as it turned out they didn't even bother to show up.

My husband came with me but he wasn't allowed to sit with me, he had to sit behind me and I wasn't allowed to talk to him without asking the judges permission first, so I sat alone at a big table across from the judge who although very stern and "proper" seemed quite understanding of how nervous I was. I had to take another oath then sat for quite a while as the judge went through all my papers, he asked me to clarify a few points, and wasn't impressed that clownells hadn't shown up. He asked me if I owed them any money and I answered truthfully that I didn't beleive I did and that it was impossible for me to say whether I did or didn't have anything outstanding as they'd never ever provided any proof to me or statements of any kind to explain how I might owe them anything.

After a few mins more of him looking through everything he told me he was setting the demand asside and would let me have the judgement in witing shortly and wished me well - I was so releived that I clean forgot to ask for any costs.

About 2 weeks later I received a recorded delivery letter with a copy of the judgement and and a slip to say lowells had also received a copy and that as I thought was that.

Seems I was wrong tho.

stapeley

Is the court local ? Maybe worth going along , see if anyone there can advise you . I think you maybe able to claim harassment .