CPR do not apply to Stat Demands because this is effectively an insolvency issue. You have to fill out 6.4 and 6.5 and take them both to your local court (phone to check that they deal with Stat Demands). You will swear in your affidavit and then they will write to you in due coourse. Have a look at my thread; I successfully had an SD set aside for a member of my family. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred.html Hope this helps. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

If they have instigated a claim against you, then your request for information should be made under the CPR. One of the experts will be along shortly, and will no doubt help!! UF

NO! Complain to the OFT, Trading Standards and your MP as a matter of urgency!! This kind of behaviour is absolutely not acceptible!!!! Complain complain complain!! This type of tactic is not acceptible surely!!

If you have already sent a copy of your passport, then I would personally question any merit of them asking for a signature. As I understand it, the law requires that they take reasonable steps to verify who you are before releasing details; and I would personally say that a copy of your passport is sufficient for this. My personal opinion is that a copy of your passport and a Council tax bill are sufficient proof that you are the correct person, perhaps we could have some expert opinion here though please? I would personally write them a letter including the photocopies you have already sent, detailing the above law and then demand that they satisfy your reuest without any more attempts at frustrating matters. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

I will try and find a mod etc to confirm for us what the state of play is.

As far as I know it was agreements after April 2006.......... someone will be along to confirm.

When was the account taken out?? It is important I believe owing to changes in the law. Cheers. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

Good for you Anton!!! I'm glad I could be of some help As the old saying goes my friend; Chin up and dont let the buggers grind yu down UF

You're more than welcome anton!! That's what the cag is all about - taking back the control!! Just remember that you are in control, not Crap Pot!! There will always be people here ready and willing to offer help, advice and guidance on all issues, so the fight is not alone!! Although before long, you may just get enticed into the up and coming sport of DCA baiting!!! UF

See....... it's starting already!!! UF

This place has been a God send to so many people. I haven't looked back since I found it and I know many other peope feel the same. Before long you will be batting away Crap Pots lies as a matter of second nature!! UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

Yeah Crap Pot always try that one one. Its a much bulls**t now as it was the first time they stated it. Have a look around the forums at the Cabot threads..... they've tried this on with many a cagger - and failed misserably!! I would definitely consider the SAR route though, as this would give you valuable ammo, should it come to it. But wait until some more people respond, with opinions and advice etc. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

I would write to Crap Pot telling them that there was a 6 year gap prior to the latest payment and I would instruct them that they must PROVE that it is not barred. I may also consider a SAR request to both Crap Pot and the OC. This will show the 6 year payment gap; thus proving the stat barred status. Once a debt has become Statute Barred it cannot be un-statute barred. This is a typical lie made up by Crap Pot. No doubt some of the experts will be along shortly. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualified professional lawyer.

When was the account opened?? Have you ever sent them a cca request?? Failure to comply with a request such as this actually makes an alleged debt legally unenforcable! Cheers. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used. If in doubt always consult a qualifies professional lawyer.

They can only add interest if it was expressly stated in the original credit agreement as far as I know. UF

If they do that it has to be worth a complaint to the OFT as well??

In which case I take back my previous statement! I have had dealings with legal 7 trade....

Never heard of them....... and I've had something from almost all of them in the past!! You've done the right thing for now........ just sit and wait to see what, if anything, they come up with!! UF

Looks pretty good to me, althought I would mention a complaint to the OFT, Trading Standards and anyone else. UF

You're most welcome Feel free to tickle the scales if it takes your fancy UF

They have terminated your account? I take it you have set up another account with which to conduct your finaces etc? I'm afraid Im not sure about your last point. I've heard all sorts of story's about companies winning in court despite invalid DN's etc, so that argument may be short lived. Still...... carry on with what you're doind for now and wait until everything comes back No doubt other people may post up further advice for you as well UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.

You're quite welcome. I'm not sure they would take this to CCJ level within the 40 days they have to provide you with information under you SAR. I mean..... it's possible.... but I'm not sure how likely? To get a CCJ, you would have a chance to go to court and defend yourself and from what I have picked up on the forum here, your defence can be partially a dispute regarding unlawful charges. No doubt someone with more expertise than me will be along shortly. Until then thought get the letters off and then sit tight Obviously keep the thread updated with any developments etc. Cheers UF

I'll be honest, I'm not sure what to say. If it were me, I would probably write to them asking them to provide proof of the amount they claim and where it accumulated from. Hopefully by the time they finish mucking about with that, you will have your SAR back. Then the big work begins. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.

Hi, I think it does make a difference, because as far as I know the limit currently for the small claims court is 5k. You want to be in small claims rather than anything else, because of potential costs etc. The first thing to get off to them is the SAR letter as follows: When you receive all the information you need, you can add up the charges that have been unlwfully levied on the account. Remember that you can go back 6 years (5 in Scotland). When you have done this, I think the next step is to send Letter Number 3 - preliminary approach: There is a big Warning above these letters saying the following: " But I think depending on the amount of charges on your account, you may have firm ground to dispute the money being claimed!! That should get you going for now my friend. UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.

Hi meerkat, this link should have all the relevant stuff in it that you need: The Consumer Forums - Bank charges templates (consumer) As far as I can tell you just follow each letter on from the last and do as they say. I think you need to get the SAR back first, so that you know an amount, then you hit them with the claims etc. Can I ask roughly how much we are talking about that they are chasing you for? (rough figures, not precise ) UF I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.