Help - statutory demand for bankruptcy

[richt71]

Hi,
This is a long story but basically I had a number of lloyds accounts (personal and business) until beginning of 2005. I was ill for a few months in hospital in 2004. My dad contacted them to cancel direct debits...but they didn't..so no money coming in resulted in £855.94 in bank charges in 3 months. They said last year they'd give me these back but didn't. I'm now claiming against the bank charges but Lloyds look like they've sold the 'debt' to debt collectors and today I got a statutory demand issued under the insolvency act 1984 (bankruptcy). It's for less than I'm claiming in bank charges. I'm at the 2nd stage just this week for bank charges claim. What should I do regards this letter please? I've spoken to Ist credit ( company is bishop investigations on behalf of 1st credit) but they just say I can't claim bank charges back! What should I do please?

[payingonlyencouragesthem]

Was this SD served on you by a process server or did it come second class via Postman Pat? If the latter just ignore it it's a joke. If the former you need to get it set aside at your local court as a matter of urgency. If you have an ongoing court claim against the creditor for a greater sum the set aside should granted easily. Debt collection agencies seem to be doing a mass SD mailing campaign at the moment to frighten the ignorant into paying up.

[richt71]

Originally Posted by payingonlyencouragesthem

Was this SD served on you by a process server or did it come second class via Postman Pat? If the latter just ignore it it's a joke. If the former you need to get it set aside at your local court as a matter of urgency. If you have an ongoing court claim against the creditor for a greater sum the set aside should granted easily. Debt collection agencies seem to be doing a mass SD mailing campaign at the moment to frighten the ignorant into paying up.

Yes via post. Thanks for the advice.

[crusty git]

Just for the record A stutory demand can only be served in connection with a proven debt, If the account is in dispute it won't work

J

[Smoothy]

It seems that Bishop is using this tactic quite often.
I too received an SD via postman pat, but in my case the alleged debt is statute barred as its well over six years without contact.
I can see some similarities between your case and mine Richt71, I was originally contacted by first credit about this debt, it then went to connaught collections and now Bishops. I have already sent connaught and 1st credit a letter politely explaining that this is statute barred and still it went to Bishop's. Weird but, if thats the way they wanna play it, I shall be issuing a CCA request on Monday. Then we'll see whos gonna be in default...
Smoothy

[plymouthvictim]

STATUTORY DEMANDS CAN BE FOUGHT SUCCESSFULLY.

I recently sent this long e-mail to Lowell Financial.

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organization or any you are representing. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person or any that you represent, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you or any that you represent. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Furthermore please provide me with a copy of my contracts with you and any company you represent, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a true SIGNED copy of any credit agreements and a statement of account on request.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded.

Following recent contact with your company before I am prepared to take this matter of outstanding balance and make ANY payments I would like you to provide me with the following information.

I do not acknowledge ANY debt to your company.
I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Plus take notice that this Capital One account was dealt with by way of an admin order at the County Court, which ended two years ago, and is now therefore statute barred.

Our researchers have been doing some digging into the unlawful behaviour of your company, Lowell Portfolio 1 Ltd / Lowell Financial Ltd / Red, and have discovered some interesting facts. These we now intend to bring in a group civil action in the High Court case against you. This research has included interviews with present and past employees of your companies. Take notice that a complaint has been filed with Devon and Cornwall Police.

1. That the aforementioned companies are in breach of their licence with the OFT, number Z8222569 which covers them for the tracing of consumer and commercial debtors and the collection on behalf of creditors, and the purchasing of trade debts, including rentals and instalment credit payments, from business only. Therefore, the attempted collection of consumer debt is not within your licence remit and therefore illegal.

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, which will result in severe penalties and fines being levied on Lowell Portfolio / Lowell Financial / Hamptons / Red, whatever you call yourselves.

3. That the aforementioned companies failed to satisfactory respond to consumers Section 78 (1) Consumer Credit Act 1974 requests and fail to produce genuine copies of credit agreements or the like, which is again an illegal act under the Consumer Credit Act 1974, and therefore our research and findings have been passed to the Office of Fair Trading for enforcement action to be taken against you. You agree and are aware that under law, such requests must be satisfied in full within 12 working days. In fact that is such requests are not fulfilled within 40 days, this becomes a criminal offence. A complaint has been filed with Devon and Cornwall Police log 319 of 22-02-08

4. That the aforementioned companies sent out threatening Statutory Demands that are signed by an individual claiming to be a Government Minister, when in fact that person is not. Again, this is highly illegal, and a file with the assistance of the Police is being prepared and will be sent to The Crown Prosecution Service for action to be brought against your companies. Further, the service of such Statutory Demands by 2nd class post is in breach of the rules, and therefore not enforceable in court. This is in direct breach of Administration of Justice Act 1970, Section 40 onwards.

5. That the aforementioned companies repeatedly telephone consumers chasing payments that are not owed, or are in dispute, despite being warned by the telephone regulator not to, and thus is in direct breach of Communications Act 2003, Section 127, and Human Rights Act 1990, Article 8 - Right to respect for private and family life, and Wireless Telegraphy Act 1949, misuse. All telephone calls to us have been recorded for use as evidence in the High Court, where we intend to claim for substantial damages against the aforementioned companies. A report is also being compiled and will be sent to the telephone regulator with a view to having the phone lines of the aforementioned companies cut off under The Protection from Harassment Act 1997.

I have just got off the phone with a Nigel Bevan at Lowell Financial, and he has stated that he has withdrawen the Statutory Demand, and that they have no entitlement to collect the alleged sum, and that a full letter of apology will be with me on Monday morning.

I await the letter before I stop the set aside court action I have taken, and then I will issue court proceedings against them for damages.

I'VE WON!

[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.