Lowell/Hampton Statutory Demand *** WON + COSTS ***

[HighFly]

I am so relieved to have found this forum, and hope I might be able to benefit from members' experiences and advice; I am sure there are many similar posts.

 

I have been medically retired from work for 5 years. At the time of retirement, I cut up all my credit cards, as my financial outlook was bleak and I was in no fit state to face the consequences of running up additional debt. To my best knowledge, I satisfied all my obligations.

 

In June last year, I started getting those calls and letters, advising me that I had outstanding debts on not one, but TWO cards issued by the Co-operative Bank.

 

Regarding it as bogus, I returned everything to sender.

 

Over the past few weeks, Hamptons Legal have started writing, all of which I have returned to sender.

 

Today, someone was looking down on me favourably. I was sick in bed when someone knocked on my door. I have dogs, and they went crazy. I would normally go and see who it was, but today I was unable to get downstairs, and being as it was 1pm in the afternoon, I presumed it would be one of those nuisance utility salespeople.

 

My neighbour has a key, and has just been in with 2 letters. Apparently a man parked outside my house, knocked on the door, drove away, then turned around and parked outside my house for nearly 2 hours. She challenged him, told him I was on holiday as she didn't like the look of him, and she told him she was my neighbour and was taking in my mail. He gave her the letters.

 

One is from H.M. Investigations LTD., which states:

 

"I have been directed to serve you with a Statutory Demand issued under the Insolvency Act 1986. The creditor is Lowell Portfolio 1 Limited.

 

I have already attended your address without meeting with you.

 

I have to inform you I will attend at your address as above on xxxx at xxxx for the purpose of serving you personally with such Statutory Demand.

 

It is my duty to inform you that should you fail to attend the above appointment or any other made in lieu thereof, substituted service of the said Statutory Demand shall be deemed to have been effected by insertion thriough your letterbox in a plain envelope at your address at xxxx."

 

The other is from Hamptons Legal, which is service of a Statutory Demand for payment of the debt. In it, they threaten should I not respond, they will be presenting a Bankruptcy Petition against me.

 

Attached is Form 6.1, Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately.

 

In the details section, it states Lowell's took on the account in June 2008, but nowhere is there evidence of this, or any documentation to suggest these debts are indeed mine.

 

It has knocked me sick to the stomach and I don't know where to turn to or how to deal with it. I cannot afford a solicitor and my medical pension makes me ineligible for any aid.

 

How do I proceed from here? My fear is that in my medical state, they will find it easy to bully and confuse me.

 

I have spoken to no-one on the phone, and I have not written any correspondence, nor have I agreed to any appointment for this man to call at my house.

 

I am not sure this debt is mine, but if it was, it is probably atleast 6 years old from before I was diagnosed.

 

Many, many thanks for any guidance.

[lickthewallfatboy]

welcome to CAG

 

do not panic......this is par for the course,and the stat demand experts will be along shortly to put your mind at ease

[mr.ton]

Hi..welcome to CAG.

The only people with the power to serve anything on you like that are officials on behalf of a county court.

I would consider reporting these clowns to the police (not 999 unless they are actually outside) & the OFT/trading standards.

No-one can turn up (who is not from a court) unless you make an appointment with them, they have less rights than the milkman & can simply be told to go away.

[babybear39]

I am so relieved to have found this forum, and hope I might be able to benefit from members' experiences and advice; I am sure there are many similar posts.

 

I have been medically retired from work for 5 years. At the time of retirement, I cut up all my credit cards, as my financial outlook was bleak and I was in no fit state to face the consequences of running up additional debt. To my best knowledge, I satisfied all my obligations.

 

In June last year, I started getting those calls and letters, advising me that I had outstanding debts on not one, but TWO cards issued by the Co-operative Bank.

 

Regarding it as bogus, I returned everything to sender.

 

Over the past few weeks, Hamptons Legal have started writing, all of which I have returned to sender.

 

Today, someone was looking down on me favourably. I was sick in bed when someone knocked on my door. I have dogs, and they went crazy. I would normally go and see who it was, but today I was unable to get downstairs, and being as it was 1pm in the afternoon, I presumed it would be one of those nuisance utility salespeople.

 

My neighbour has a key, and has just been in with 2 letters. Apparently a man parked outside my house, knocked on the door, drove away, then turned around and parked outside my house for nearly 2 hours. She challenged him, told him I was on holiday as she didn't like the look of him, and she told him she was my neighbour and was taking in my mail. He gave her the letters.

 

One is from H.M. Investigations LTD., which states:

 

"I have been directed to serve you with a Statutory Demand issued under the Insolvency Act 1986. The creditor is Lowell Portfolio 1 Limited.

 

I have already attended your address without meeting with you.

 

I have to inform you I will attend at your address as above on xxxx at xxxx for the purpose of serving you personally with such Statutory Demand.

 

It is my duty to inform you that should you fail to attend the above appointment or any other made in lieu thereof, substituted service of the said Statutory Demand shall be deemed to have been effected by insertion thriough your letterbox in a plain envelope at your address at xxxx."

 

The other is from Hamptons Legal, which is service of a Statutory Demand for payment of the debt. In it, they threaten should I not respond, they will be presenting a Bankruptcy Petition against me.

 

Attached is Form 6.1, Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately.

 

In the details section, it states Lowell's took on the account in June 2008, but nowhere is there evidence of this, or any documentation to suggest these debts are indeed mine.

 

It has knocked me sick to the stomach and I don't know where to turn to or how to deal with it. I cannot afford a solicitor and my medical pension makes me ineligible for any aid.

 

How do I proceed from here? My fear is that in my medical state, they will find it easy to bully and confuse me.

 

I have spoken to no-one on the phone, and I have not written any correspondence, nor have I agreed to any appointment for this man to call at my house.

 

I am not sure this debt is mine, but if it was, it is probably atleast 6 years old from before I was diagnosed.

 

Many, many thanks for any guidance.

 

Hi and welcome to CAG

 

With regard to your comment that you haven't paid the alleged account for over 6 years, if this is the case you need to send the statute barred letter:

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign print your name.

[mr.ton]

Can someone display the anti harrassment letter as well for the OP

[babybear39]

Yes, of course:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

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 the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Again follow the instructions below the letter above.

[HighFly]

Thank you for the speed and usefulness of your feedback.

 

Is the Statutory Demand left today a legal and legitimate document? It says I must act within 18 days to comply or have it set aside at the local County Court.

[babybear39]

The process server left 2 letters, the first mentioned the SD contained in the second letter

 

Curious...

 

The service is suspect but I have to look in to that...

 

Can you scan and post (removing personal info) the SD you received please?

[Michael Browne]

 

Is the Statutory Demand left today a legal and legitimate document? It says I must act within 18 days to comply or have it set aside at the local County Court.

Yes, it is. It's not issued by a court, but by the DCA. What's unusual is that Lowells/hamptons have used a process server to serve it, normally they just send it in the post. so you should take it seriously.

[babybear39]

I would agree with MB that this is unusual behaviour for lowlife

[mr.ton]

What is a statutory Demand?

 

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor.

Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent.

 

Why are Statutory Demands to powerful?

 

• The Statutory Demands procedure is simple to implement.
  
• To issue a statutory demand all you need to do is complete a form.
  
• You can send a statutory demand by recorded post, without the need of personal delivery.
  
• You do not need a solicitor to issue a statutory demand.
  
• You do not need to pay expensive court filing fees issue a statutory demand.
  
• People assume that a solicitor has been utilised so get scared and pay immediately.
  

What is the point of a statutory demand?

 

 

 

A statutory demands is supposed to make sure the person in debt pay the amount owing this is either carried out by paying in full or:-

1. It is a way to get the debtor to offer his or her property as security or;
   
2. It is a way to get the debtor pay up in another agreed way. Such as instalments.
   

When is a statutory Demand a threat?

 

• A statutory demand is something to worry about if your debts are over, say, £1000.
  
• A statutory demand is a threat if the person after the debt is wealthy enough to carry out the bankruptcy threat the whole way.
  
• A statutory demand is a cause for concern if the person after the debt is bitter and angry enough to actually make you bankrupt.
  
• If you are a home owner or actually have assets you are at risk of losing if you go bankrupt then a statutory demand is a threat.
  
• The person you owe the money to knows you are a home owner or have assets therefore is willing to spend money making you bankrupt.
  
• If your reputation is at risk by the public finding out about the statutory demand process being started against you.
  

How to reduce the risk of bankruptcy following a statutory demand.

 

• To avoid bankruptcy reduce the debt to less than £750.
  
• Offer to pay the debt by instalments.
  
• Make a reasonable offer to settle the debt.
  
• Apply to have the statutory demand set aside
  

The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

 

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.
  

What are the time limits to get a statutory demand set aside?

 

An application to set aside must be made with 18 days of the statutory demand being served.

 

What forms must be used to get a statutory demand set aside?

 

Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court.

 

Can the court dismiss an application to set a statutory demand set aside?

 

Yes, if application if there are no reasonable ground to do so.

 

What forms are typically used in the statutory demand process?

 

1. Form no: 4.1
   Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
    
   
2. Form no: 6.1
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
    
   
3. Form no: 6.2
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court
    
   

[babybear39]

As this appears to be a real SD, anyone can download and issue them BTW, you need to apply for it to be set aside.

 

Download and complete forms 6.4 and 6.5 from here:

 

Forms

 

You need to find out your nearest county court that deals with BR and you can get your affi sworn there FOC

[HighFly]

The service is suspect but I have to look in to that...

 

Can you scan and post (removing personal info) the SD you received please?

 

My printer for some reason will print but not scan at the moment

 

Thank you all for the valuable input.

 

Excuse me if I am sounding a bit naiive and slow, but am I correct in summising my best course of action to be:

 

1. Send the statute barred letter, unsigned

 

2. Don't answer the door to the guy when he returns

 

3. Fill out forms 6.4 and 6.5 (just printed them) and take them to County Court. In light of the fact I don't know if this is my debt, do I deny it, based on the fact they haven't furnished me with evidence, or do I accept it may be mine but believe it is statute barred, or is there a more appropriate way?

 

4. Complain to the OFT for their tactics and the fact they will have staked-out and visited my property twice, uninvited.

 

One other thought, if it is indeed my debt, and isn't yet six years, am I forfeiting the statute barred option by sending them the SB letter and communicating with them? Without any paperwork or evidence, I don't want to do something impulsively which may be turn out to be prejudicial against me or my position.

Edited July 28, 2009 by HighFly

[mr.ton]

Can someone display the "2 QB per Lord Evershed" letter for the OP to send off as well

[Michael Browne]

LOl hadn't got a clue what you meant, had to google it and found it in Wiki:

Debt:: Letter Templates - Consumer Wiki

[mr.ton]

Here it is...send the clowns this!

 

 

Dear

xxxx

Account Ref

xxxx

Please be advised that I will

only

communicate with you in writing. I have noted your repeated attempts to visit me over the past few weeks/months and these have been duly logged by time and date.

Should it be your intention to arrange any furthur “doorstep visits”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

PRINT your name, do not sign

[lilly white]

we need to know

 

WHEN DID YOU LAST PAY OR HAVE ANY DEALINGS WITH THIS DEBT

 

 

 

what are they.

 

CREDIT CARDS

 

LOANS

 

HP

 

OVERDRAFT.

 

 

HOW OLD ARE THEY

 

 

ANY CHARGES PPI

 

 

 

S

Edited July 28, 2009 by lilly white
RE READ THREAD

[HighFly]

Thanks Mr. Ton

 

Hi Lilly White. You need to know; I'm happy to answer.

 

WHEN DID YOU LAST PAY OR HAVE ANY DEALINGS WITH THIS DEBT

 

My last involvement with the Co-Operative Bank was well before I became ill 5 years ago and, as far as I recall, before I met my partner of 6 1/2 years. Whether "this debt" is mine, I have no idea. Suffice to say, until these letters and calls started, my conscience was clear that I had no outstanding debt with the Co-Op.

 

what are they.

 

CREDIT CARDS

 

LOANS

 

HP

 

OVERDRAFT.

 

 

I had a credit card which, at the time, they had recently upgraded to gold.

 

HOW OLD ARE THEY

 

Are you referring to how long did I possess the card, or how old is this "debt"?

 

I had the card for over 10 years. As I have had zero involvement with the Co-Op for over 5 years since, if this debt is proven to be mine, then it is atleast that old.

 

ANY CHARGES PPI

 

It is so long ago, I don't recall. I doubt I paid PPI though.

[lilly white]

WELL IT LOOKS LIKE THE DEBT IS STATURE BAR SO THIS IS A COMPLETE DEFENCE.

 

THE PERIOD IS 6 YEARS

 

AS THEY HAVE ISSUE A STATUARY DEMAND WE DO NOT NEED TO CONTACT THEM.

 

WE DO NEED TO GET IT SET A SIDE.

 

AS YOU HAVE BEEN GIVEN THE LINKS TO THE FORMS SO PLEASE DOWN LOAD THEM.

 

THE DEBT IS TOTALLY DISPUTED FULL STOP.

 

IF YOU ARE HAPPY TO DO THIS FINE.

 

THEY NEED TO PROVE A LOT OF THINGS WHICH I AM 99% SURE THEY WILL NOT

[sam614]

I know of 3 cases within the last 4 months of this new tack of lowell getting them served,not the usuall threat through the post route.

 

person a. called and made a repayment plan.:rolleyes:due to fear.

 

the other 2 ignored,and no further action has been taken,in fact they have both started receiving letters again from lowell/red/hamptons,back to square one so to speak.

I believe it is another scare tactic,but nobody can trust lowell.would defo set aside.

 

Do you have help and support to do this and can you get to the court?

 

my (pal) at TS is looking into this at the moment,cant say anymore as yet:D

but if you want to PM me I can give you his direct number,

I have called him and been assured that either he or his partner will speak to you.

 

If you are out of the area they will give you a contact local to you.

 

SAM:pLOWELL DETESTER

[lilly white]

THANKS SAM 614 EXCELLENT

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

You are entitled to be cocksure.

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

x20 THANK YOU

[mr.ton]

Perhaps this is a desperate tactic by Lowells if profits are down?

[sam614]

Perhaps this is a desperate tactic by Lowells if profits are down?

 

NO NO:lol:

 

much better.like a desperate tactic to get ANY profit before they are down:eek:

 

SAM

[HighFly]

Thanks to all. I think I'm beginning to get a picture of what I need to do.

 

Please correct me if I'm wrong.

 

My priority is to submit the application to get it SD set aside, using lilly white's defence above.

 

I should refrain from contacting Lowells at all in the meanwhile; does a request for a copy of the CCA constitute acceptance of service?

[HighFly]

Sam

 

I've PM-ed you