Ok. Thx

That's what they sent me. I'm not concerned with the SD, if that's what anyone was expecting. I'm concerned with a sol issuing a default notice.

Ok, here is the default notice served by the solicitor:- D1.pdf D2.pdf

Seriously? I'm all for that, for he incorrectly set out the Stat Demand, too! I'd like to upload that document for Site Team use, if that's ok. Just need to be sure I'm correct before anything gets passed to the police.

I should add that the account was assigned, so the DCA has full ownership of it. I was just amazed at this monkey solicitor trying it on with a completely different default notice than the one I'd had from the bank all those years ago. He has no legal right to construct such a notice, has he?

That's what I thought. I was served a terror-tactic Stat Demand by a solicitor acting for a big DCA. I sent off the denial and then attempted to DSAR the solicitor, just to see what he had on the account. He sent the cheque back, citing 'legal priviledge'. But get this - he also sent an updated default notice, signed by himself and on behalf of his firm! Surely he is not allowed to do this? I have the Scottish Legal Complaints Commission investigating his overall behaviour but is there any other body I can alert so that he gets his devious little knuckles rapped?

There are no other addresses. The sols never sent anything to me in the past regarding this account; they simply served the stat! And an incorrectly set-out one at that, for it made no provision for set-aside, at least as far as I could make out. The alleged debt is within the limit to attempt to pursue for bankruptcy. What I also can't get my head around is that they have not proved I am insolvent. Sending a stat demand and, a few weeks later, a ream of documents (inc default and T&Cs that don't even link me to the account!) is surely the wrong way to go about this. I find it an aggressive approach, an attempt to frighten the recipient into admitting the debt and to offer a settlement figure.

FYI, Ida, the sols are well-know in the Scottish debt industry.

Why shouldn't I? What's wrong with asking them to provide what they hold, under that act? They serve me with a stat demand and then upon receipt of my denial send me the reams of bumf they should have sent me prior to doing so, and without ever contacting me about any account. I think I have every right to know what they hold.

The ratbag solictors have just refused to comply with the DSAR I sent them citing legal professional privilege. Can they do this?

Not heard anything - yet! - though I am ready to defend. Found some information regarding the relevant account that those clowns don't know about and it will sink them. The information they have is incomplete and incorrect: BOS have sent them the wrong documents! I can't wait to see the look on that ratbag sol's face, come the day.

Sols supplied assigment letter from bank (Which I now do recall) but have supplied an application form that does not link me to the debt; the separate T&Cs supplied do not contain my signature. Any futher advice, please?

Well, it looks as though they've bought the debt as no mention of the bank on the file. Denial letter away.

This gets better: Doing my draft letter to accompany denial slip and have notice that the Stat Demand states 'assigned' debt.

Thanks. I guess you mean my own credit file? Experian approach under way.

How do I find that out, that they own the debt? It has been passed around several companies prior to them. Also, I've considered DSARing them; do you think that's worth it at this stage, if at all?

Yes, I have that on my list for them. Watch this space.

Can't see how this is stat barred as last payment - after receiving CCA - was in 2008. Thx for the suggestion, though.

Why? In what way will that assist me?

Without a doubt, I shall. Plus, Ive just noticed that the figure mentioned in the Stat Demand differs from the purported debt. That bit of info I'll hold in reserve!

Many thanks. I shall support it with letter to previous DCAs and the bank. I have also heard that 1st Credit have been warned for using this stat demand tactic before.

To whom? The sols acting for 1st Credit or to the court?

Just been served today on a credit card account that I thought was deemed unenforceable. It's been doing the rounds for the past four years and now 1st Nonsense have gotten a hold of it. My thread is here: http://www.consumeractiongroup.co.uk/forum/showthread.php?338468-Papers-served-by-solicitors-acting-for-1st-Credit-%28Finance%29&p=3722871#post3722871 Any advice great received.

This is under Section 7(1)(d) , Bankruptcy Scotland, Act 1985.

Homeowner. This is a new tactic; I've never heard of this one before. How can they come after me when they know that even the bank could not provide an enforecable CCA?