Red Debt Collection SD

[calamity161]

Hi Everyone,

I am new to this site so a big HELLo and please bear with me.

I have today received a Statutory Demand from RED Debt Collection, dated 11/08/08 for the amount of £1532.98.

The original debtor was Littlewoods Personal Finance and the 'loan' was taken in March 2000. This was at a time when I was divorcing my husband and the debts piled up. I wanted to resolve and pay them all and therefore contaced the Consumer Credit Counselling Service who worked out a debt management plan. They wrote to all creditors and Littlewoods replied they had no record of this debt (this was back in 2001). They were therefore not included on the debt plan. The rest of my creditors have now all been paid.

How can they now demand a debt from so long ago? Do I need to go to the court to have this cancelled and on what grounds, if any?

Please can someone help me?

[PGH7447]

Hi Calamity and welcome

Have a quick read of this thread for information on what to do for this statute barred debt

1st Credit Court Letter - Statute Barred?

[freakyleaky]

Thread moved to dci forum.

[calamity161]

Hi Guys

Thank you so much for the replies. I have printed the letter regarding Stature Barred - do I need to go to my local court and fill out a form using this as grounds to have the SD cancelled or do I just write to Red Collections?

I am worried they will try to make me Bankrupt

[PGH7447]

go to the local court and get it set aside, it does not cost anything apart from your time,

The use of an SD is the latest in a long line of scare tactics, and one that I am sure the courts will soon get fed up with.

[calamity161]

Thank you so much for all your help with this.

[42man]

You need to fill out Form 6.4 from here.....

England and Wales Forms

Complete the form and take it to your nearest court (is there a court stamp on the demand ? (Ring your local court to check it is genuine).....you need to state on the form 6.4 that the debt is statute barred....

Once again it might be a fake stat demand as they seem to be being used as a false threat in most instances, but just in case, ring the court to check, or go in. If it is a fake then I would complain to the OFT, and Trading Standards and your local MP...

[calamity161]

HI

The Stat Demand has no court stamp and in Part A it does not have a Court address, it just says 'your local court'. When I was reading it this morning I originally thought they were just bluffing and trying it on but it does look official in every other way so then I got worried.

Should there be a court stamp?

Ps I would tickle peoples scales but I don't know how to

[42man]

OK....ring the court and check....it 'sounds' like a false demand, which is an abuse of process....Red are well known for chasing statute barred debt. Send them this letter here. (LETTER 'M')

Creditors and DCAs - Letter Templates & Budget Planner

Also state that as they have sent a 'false' statutory demand, you wish to request their official complaints procedure. If they fail to respond, to your request, you MUST complain to the FOS, TS and the OFT..!!!!

[42man]

Send it by recorded delivery and do not hand sign it...

[palomino]

Originally Posted by calamity161

HI

The Stat Demand has no court stamp and in Part A it does not have a Court address, it just says 'your local court'. When I was reading it this morning I originally thought they were just bluffing and trying it on but it does look official in every other way so then I got worried.

Should there be a court stamp?

No. A Statutory Demand is sent directly to the debtor by the creditor.

What is slightly odd is that no court has been specified. You should take this to your nearest County Court.

Also, someone above said you need form 6.4. You also need form 6.5 from the same place. You have to take these forms in person to the court as you have to swear an affidavit. When you get to the court the court staff will help you with all of this - it's pretty routine for them and not stressful at all for you.

[calamity161]

Guys thankyou.

I have just now FAXED letter M regarding Statute Barred to Red Collection/Lowells.

I can't get to the court this week as away with work and have until 29th August to request it be set aside, so I figured I may as well see how Red Collection will respond in the meantime.

The letter I copied says that legal action cannot be taken for a Statute Barred debt - do I assume they could not proceed with Bankruptcy and that I do not even need to go to the courts to set this SD aside?

I also assume that by faxing the letter to the number given is the same proof as recorded delivery? I simply want to speed these people up.

I am still confused though as to whether Statute Barred would be an acceptable reason for a Court to set this SD aside?

[saintly_1]

Yes statute barred is an acceptable reason for a set aside ............

Have a look at the Announcements above ..... In particular this section The Consumer Protection from Unfair Trading Regulations 2008 - draft and consider making a complaint

saint

[42man]

If you don't answer the statutory demand, then they can petition for your bankruptcy.....If the debt is statute barred then it cannot be enforced by a judge legally....the only way they can enforce a statute barred debt is if you told them you had died !! or if you had committed deliberate fraud to evade them....but that would only stem from a criminal conviction

[calamity161]

42Man & Saintly1 - Thankyou

I will write to Red Collections/Lowell and officially complain and keep on it like a dog with a bone.

I will also trot down to my local court next Tuesday and fill in the forms to have the SD set aside on the grounds of Statute Barred.

Without the help of everyone who responded I don't know what I would have done - probably ended up Bankrupt by hiding my head in the sand, again!!