I appear to have a debt of around £3500 to Littlewoods in 2007 which Lowell's have tried to collect. Yesterday I had a visit from a collector who handed me a Stat Demand for the amount in whole
This debt was in dispute in 2008 as I was not receiving my 'cash back' for items that were purchased. After repeated demands for these due amounts I warned them unless they paid back what they owe they would receive no more communication from me. Well they eventually reworked out the amount and applied that but it was still not the correct amount (they claimed they made a mistake initially, even though it was still wrong).
Well they continued to harass and not include the whole cash back amounts and eventually passed the debt around until Lowells finally issued the Stat Demand via a company called BG LEGAL yesterday. The debt had been passed with ALL the cash back now removed from my account, toally disregarding my legitimate requests.
I have written to BG LEGAL today with a £1 postal order (CCA request), I also contacted Lowell Portfolio and did a similar CCA request (overkill but I wanted to make sure they could not delay further). I also contacted Littlewoods (the original creditor) and sent off a SAR request and duly included the £10 fee. I sent all recorded with BG LEGAL contacted by special delivery (I have all tracking numbers).
I now need help with getting this set aside, I believe firmly they will not be able to provide the CCA, is this alone enough reason to get this set aside? Or do I go alongside the angle that this debt is in dispute as the cash back amounts were not correctly applied to my account? Also there are plenty of £12 charges against my account when I stopped paying due to the cash back saga. (I notified Littlewoods in 2008 via telephone that the debt was in serious dispute and they were in breach of contract).
Can someone also post a link to 6.4 and 6.5 as I want the latest version that I can hand into my local court that handle bankruptcy orders (the one named on the letter, does indeed)
Finally, the letter handed to me by the 'process server' did not contain the officer's name or details who handed me the Stat Demand, all the information on the first piece of paper was left blank so I cannot even tell if he is qualified to make this call and hand me the letter. Is this relevant?
Many thanks to anyone who can help, you lot are brilliant (long time lurker).
My main worry
I am a home owner but it is a joint mortgage with my fiancee. We have different surnames and this debt is only in my name, could they do something to our house or mortgage under these circumstances if, heaven forbid, they manage to win?
How long do they have to respond to the (sent today) CCA request? Will that time limit expire before my 18 days to get this set aside? Am i right in thinking they have 40 days for the SAR? Was this a waste of time?