Lowells/Hamptons Statutory Demand Urg. Help req. pls

[DebShe271]

Dear All

 

I am very new to this and would really appreciate some urgent help.

On Wed 31/3/10 a letter was put through my door from a company called London House, stating that they had been directed to serve me a Stat. Demand and that someone would be attending my address on Wed 7/4/10 at 6.30pm. It did not give any information in relation to any creditor etc. I did not even know at that time what a Stat. demand was. One week later a man knocked on my door, I was too scared to answer, I then heard him go next door to my neighbour and ask if I lived there. Afterwards he put a letter through my door which was from a company called Hamptons with a stat. demand.

They were requesting £3700 for two debts which are about 5.5 years ago. I immediately searched my credit file from experian and noticed that a company called Lowells had searched my CF 10 times within the last few months. Do they do this to group together debts? My debts arose from approx. 6.5 years ago, I found out I was pregnant and my partner left me, I made the decision to have my child, was off work for 6 months on mat. leave and lived on only £400 per month (mat. pay) so fell behind with credit/store cards and have never recovered.

I called Lowells who were listed on the SD and was told I had to pay the amount in full or in two instalments. I told them I could not do this as I am a single parent, and I only work part-time as I had to reduce my hours at work to fit in to take my child to/from school. Lowells then said that they would bankrupt me if I couldn't pay, they then said that they would accept £1200 immediately and £100 a month. He finally went down to £1000 and £100 a month. I told him I only take home just over a £1000 a month but he was not budging. I told him I get paid on the 16th, he told me to give him my card/bank details and that they would take £1000 on the 16th and set up a direct debit for the £100 per month. I naively gave my details as he kept repeating the bankrupt threat which scared me. When this money comes out on Friday I will have £200 for me and my son for one month and will not be able to pay my mortgage or bills. I am at my wits end. I have equity in my house, my only asset, but can't get at that money as I have CCJ's so can't get a loan etc. I am so stressed and prior to getting the orig. letter had been off work for 7 weeks with stress. I do not think I have a leg to stand on to off set this SD and in any case the court listed is in Hertfordshire and I live in Kent so hardly easy for me to do so. Please can anyone give me some advice, as in desperate need.

Edited April 10, 2010 by DebShe271

[wycombe]

Immediately cancel the Direct Debit you have set up. This is not classified as a priority debt. Your mortgage and council tax are examples of priority debts and these you must pay to avoid serious problems.

 

Then I would contact these people by letter (definitely not telephone) and ask them to prove you owe the money by producing the correct agreement signed by you. I think you need to send an S78 request and I hope someone will come along and give you a link to this. (This will cost you £1).

 

Then wait for far better advice than mine on this one.

[wycombe]

I have just read your post again. Have you already received a Summons for this? If yes you must reply to it within 14 days.

 

First thing to do is get off a CPR 31.14 off to them:-

 

 

Date

Dear Sir,

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. Case No.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Sincerely,

 

 

Don' forget to send the acknowlegement off to the County Court. This must be returned within 14 days of service. For the moment contest everything. This then gives you another 14 days. You can change your mind later if you wish.

 

Now wait for far better advice then mine!

[wycombe]

Whilst waiting for someone else with more knowledge than me to contribute with advice it may be an idea to read through my case as it may give some good pointers:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/254011-wycombe-restons-mbna.html

 

Although mine is a credit card debt there will be many similarities.

 

Whatever you do do not panic - there are some excellent advice givers here who will help and assist you.

[wycombe]

I have just noticed you have another thread going on this - follow the advice on the other one - far more useful than mine. I was worried you had no response on this and that can cause panic to get worse.

 

Good luck - things are not always as bad as they seem.

[DebShe271]

Dear Wycombe

 

Thank you for your replies. I have somehow managed to create another thread to this one which I have received numerous replies to, am v new to this. The thread is listed below, I am just not really understanding the terminology of all the things that I need to do!

 

All I have received to date is the Form 6.1 Statutory Demand under S268(1)(a) of the Insolvency Act 1986 which I understand I have 18 days to reply. As stated on the other thread I have now cancelled my card and will cancel the DD once I have worked out which company will apply for it. I plan to have it set aside.

 

Lowells/Hamptons Stat Demand Help Req. Urgently Pls

Thank you once again and apologies for any inconvenience caused.