OK so i've got my cca request typed out and ready go but today i receive a letter from red's 'statutory demand processing unit'!!????!! Basically saying pay up or they are sending me a SD. So just need to know: 1. Is there anything I need to add to my CCA request letter? i.e. something like, this account is now in dispute so don't bother with the SD! 2. Did those that have received an SD from this lot get this letter first or do u think this is them just fishin for me to confirm i do still live at this address? Any thoughts please.

Thank you for the advice, was wondering: As an overdraft is not fully covered by the cca what can i expect to receive off them if i send this letter? What can i do if they simply say 'this type of account is not covered by the cca - so pay up now'??? Just want to know what to expect before i go ahead with the cca request Kez x

I would have a copy of the letter stored on my old computer from that time but i do not have proof of postage - so guess it would be useless? So basically your advice is to keep ignoring their letters. I was just a bit worried as from what i can gather from this forum lowells have recently been sending out a lot of statutory demands so this last letter did scare me.

Hi All, I need a bit of advice on what i should do about this debt i have with Lowell/red collections/Hamptons. The debt is £1800 for a barclays student account i used to have. The account was closed by the bank in 2002 because i went over my overdraft limit and couldn't pay it back, it was then passed to lowell. Nothing has been paid toward the debt since it was closed in 02, however i did write to lowells in 2003 (feb) to tell them my new address with a budget sheet and a token offer of i think £20 p/month. I never got a reply and heard nothing from them until about 5 month ago when they started sending letters again - just the usual demends from Hamptons, Lowell and Red. I only work part time and could/can not pay the full amount as they were/are asking so i'm afraid i have just been ignoring their letters hoping they will disappear again. I have now received a letter from them (Red) headed 'PRE BANKRUPTCY PETITION' , which says my account has been reviewed by their head of litigation and is going to be fasttracked to their bankruptcy division to consider filing bankruptcy!! I am quite sure that the likelyhood of them doing this is slim from reading many of the posts on this forum, but wasn;t sure what to do next. I have always convinced myself that if they were able to take me to court they would have done so by now - so why haven't they? I always kind of hoped they would as i believe the courts would set a more realistic payment plan for me!? I could only afford to pay a token amount of around £1 per week now which i know they will not accept, i have no assets, property etc. and no other way of raising the cash - surely making bankruptcy pointless?! . I was going to do a cca request but even after posting on this forum to ask, i am unsure of what i can expect in reply to that as it was an overdraft so is not fully covered by the cca? So basically any advice on what i should do now would be much appreciated, Its looking like I cannot ignore this for much longer so what do i do Thank you in advance, kez x

Hi funhat, You said this was for an old student card you had, was just wondering if you mean a student bank account or just a plain credit card you had when you were a student? Just wondering cos Lowells are chasing me for an old barclays student account. Hope all goes well in your battle with them, Kez x

Hi, not sure if i'm posting in the right bit here but here goes... A friend of mine has just been fined nearly £2000 for tachograph offences, he received the court notification for it today - it says that the amount must be paid in 28 days:o Can anyone tell me if this is right as he would really struggle to pay this amount in that time especially at this time of year. Is it possible for him to arrange installments? Anyone Thanks in advance, kez.

Does this only apply to council tax collections or debts of any kind? i.e. are most bailiffs now having a cushy 2 week off or are they still working but not enforcing council related debts?

Hi tomtubby, Yes we have a copy of the clerical file (doesn't really make any sense to us). The amount they are attempting to collect is what the liability order was granted for, but the amount outstanding according to the clerical file is very different and we are disputing it because of this.

Hi All, Just an update and some more questions.... Ok so i got home last week (monday or tuesday) to find the bailiff had visited again (so glad i was out!) and pushed a letter through the door - the exact same letter he left last time, 'Final Notice' blah blah. Ok so that was 1 month between visits. Today a letter came, via royal mail, from RD Harris & co. removal contractors (i see from the bottom of this that they are infact part of the drakes group) saying that my partner must now pay the balance in full IMMEDIATELY or they will attend our property with bailiffs and remove goods. They say that drakes have court authority to remove goods and if this fine is in relation to a warrant issued by Her Majestys court service or revenues & customs this allows them to use locksmiths even in our absence. OK Q1: Should i be worried by this letter??? Q2: Are CSA arrears (with a Liability Order granted) classed as anything to do with the above ? i.e. are they actually able to use a locksmith in this case. Q3: Is there anything i can do now other than wait for their next move - i.e. aren't they supposed to hand file back to CSA as they have failed to make contact with my partner after 2 visits - should i be writing to tell them to do this or not bother wasting my time and postage price!! I also wrote to CSA complaints dept. last week about the lack of service my partner has received from them and to ask them to take file back from drakes as the amount is under dispute but as yet no reply - what a surprise!! So Q4: should they have been able to commence bailiff action when the amount was in dispute and when we had already started making payments to CSA - I can prove that we were disputing the amount long before drakes ever got involved?? Anyway, someone please let me know the score here so i know whether or not i should be taking my valuables for a holiday to my mams house! Thanks in advance, Kez x

Thank you all for the replies. So yes it would come under a cca (running credit) so should i have had to sign something agreeing to the conditions??? If the dca provides me with a copy of a simple letter/leaflet stating conditions (interest charges etc.) but which is unsigned by me - is this still valid? i.e. have they produced what is needed to satisfy my cca request. kez x

Hi - just a quick question, Does a student bank overdraft/account come under the cca? I've found conflicting answers to this on other posts Being sent letters from lowell/red collections about my old student account but not sure if i can send a cca request to them or not. Just got a feeling i will get the 'this does not fall under the cc agreement' response if you know what i mean. Thank you in advance, Kez x

Hi nightsurf, You are right that is an absolute disgrace - £60 per week will be practically all of your benefit. I cannot believe that they still expect you to pay when you are in receipt of incapacity benefit (at least not more than £3.00), but I am pleased you let me know your situation as my partner was thinking if all else fails to give up his job - but obviously even that will not make them behave reasonably!! Well i still haven't received a reply from the CSA to my letter last week and so far drakes have not returned YET. You have now given me the idea to also write to the CSA complaints dept. and demand some responses. I believe that if and when we ever do get an arrears breakdown the true amount of arrears will be shown to be much less than what they are asking for (hence the reason they don't seem to want to send us one) and then we would have no problem in clearing the amount within the 'guideline' 2yr period - I am sure this would be the same for you. Well we are going to avoid drakes like the plague until hopefully they return the file back to csa. Just wondered how many times they actually visited you as i have been informed that they are meant to return the file to CSA if they cannot make contact with the debtor after 2 visits???? Also you said the CSA informed you that the bailiffs did have the right to enter your property with the help of a locksmith - can anyone confirm this for me please???????? as according to information tomtubby directed me to they cannot - have they been given new powers in the last week????? Nightsurf - Please keep us informed of your situation - also would anyone be able to advise as to whether or not there is anything nightsurf can do with regards to them taking almost all of his weekly benefit - surely this is not right???????? Thanks, kez x

I have now sent off a letter on behalf of partner to the CSA again disputing the amount owed and asking them to take the file back from the bailiffs as they are causing me great distress, have nothing to levy (my partner lost all his belongings) and are using threats they are not able to carry out. I told them we would be persueing a complaint about the bailiffs when we have sought further advice (waiting for a pm from tomtubby!). However - they probably won't take back the file and even if they do chances are I will get another visit in the meantime from drakes. Really i am expecting them today or tomorrow and I am petrified - although thanks to this wonderful site I am well aware of my rights, I am still shaking even now thinking about it. What if they come and bring a locksmith etc. - hows little me gonna stop them?? I am scared to be at home in case they come but also scared to go out in case they break in while I am not there!!! I have no intention of letting them in but I am well aware of the bullying tactics they use. If i say that my partner is not here (which he won't be cos he works away) does he then HAVE to leave or can he stay on the grounds that it is my partners address???:? Thank you to all for your precious advice so far, i think i would of had a breakdown by now if it wasn't for you! Kez.

Was just wondering - bailiffs are not allowed to take anything that doesn't belong to the debtor and as i have explained everything in our house is mine cos my partner lost all his belongings in house fire 18mths ago, however i do not have receipts for everything as i have had most of it for years - what happens then??? is my word enough to stop them taking it? (not that i have any intention of letting them in but just to be on safe side!) Can anyone tell me as i do not want to lose anything of my own for a debt that isn't mine.

Thanks tomtubby that would be great - just for some leverage to get the file back to the csa who I am happy to negotiate with.