Legal And Recievables Statutory Demand!

[olliepup]

Hi everyone!

 

I've been browsing the site till 3am some mornings looking for info so i'd like to ask a question.

 

I'm 35k in debt due to a split as my life got very expensive during that time with two house etc and solicitors cost.

 

I own my home and it is currently on the market so i have about 30k of equity so a full and final offer could be possible once sold and i do have a interested party.

 

I spoke to National Debt line 20 months ago which advised to default the cards and loans and start to write to them to interest frozen etc and offer pro rata payments.

 

All has gone well, everyone has frozen intererest and charges and the ones that got heavy with ccj's i ended up inviting them to sue for the debt then i'd get a chance to make my offer through the courts.

 

They accepted and all was going well.

 

Now Legal And Recievbles have taken on one of my debts, a 9k loan and they want payment in full asap!

 

I've spoke to them and written to them with a new offer 3 times higher than i was previously paying which equates to £39.59 per month until my circumstnaces change or the house fianlly sells.

 

They have cashed cheque i sent to them but they have given me ten days to pay in full or a stat demand followed by Bankruptcy if i don't pay!

 

I was reading in the OFT paper work i have it is deemed unreasonable to make demands of payment in full and monthly instalments that are impossible to meet!

 

I keep making the offer but they are not interested at all.

 

Should i write to them and say i've read the regulations in the OFT and they are not following the guidelines or tell them my house is not worth as much as i thought due to the slump in the market so there will be less equity and will make it less attractive to make me BR as there will be other people to pay so they will get less but still make the offer.

 

Does the OFT stand for anyhting if these creditors can just hand out a SD without negotiations?

 

Has anyone come across these rogues before? and did they carry out there threats?

 

Any advice would be appreciated!

[ODC]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

[firstwithit]

Send it with a £1 postal order and dont sign it with your usual signature, just print

[olliepup]

Thanks for the replys!

 

That's the first time i've felt relief after reading that and maybe some hope!

 

So once i've sent that they can't send the SD?

 

And once they have replied to this request can they then serve the SD?

 

And what action can i take against the SD and should i send a offer of payment or is that what the request is for to basically deny the debt is mine?

 

Is the 1 pound postal order a token offer of payment?

 

And will the previous offer and cheque i sent earlier hamper the whole process?

 

Sorry for so many questions but the thought of going BR when my business is doing well and just starting to get on top of things specially with the possible house sale!

 

I'll put in my letter i want all future correspondence in writing!

 

Thanks

[Edz11]

SD's are the new weapon of choice of DCA's. They have realised there are problems with the trad route of CCJ's so they seem to think "let's scare the crap out of them with an SD".

 

You are asking for a copy of the Consumer Credit Agreement unders ss77/78/79 of the Act. The letter will say that the £1 is the statutory fee. They cannot do anything until they have complied with your request and is an absolute defence to any action they take.

 

Here's a comment from one site;

• (4) It’s wrong to use a Demand or Petition on a contested debt (it’s irrelevant whether you disagree with the debtor that the debt is contested – the test is whether you can show it’s undeniably owed). Misuse of a Demand/Petition may result in an application to restrain you from proceeding or dismissal of your Petition; moreover you’re likely to penalised by the court ordering costs against you for abuse of process (costs which you’ll have to pay even if it later proves that the debt was due!) Remember this trick if you receive a Demand on a claim which you have any grounds to argue isn’t due

[olliepup]

Thanks again,

 

I know the debt is mine but anything to stop these gits and accept my monthly offer would be great!

 

Can someone make you Bankrupt that easy when someone has been offer to pay by instalments?

 

Do judges take this into account?

[make them aktiv runners]

It is rare for these companies to actually pursue bankruptcy. The offers you have made would definately be taken account of by the judge (of course you need evidence to submit as proof).

[olliepup]

Thanks for the feedback!

 

They do sound very convincing but then i was communicating by phone, but in my last letter i stated not to contact me by phone so in my letter today i'm going to dispute the amount, ask for statement of account and mention they are not operating within OFT guidelines on debt collection.

 

I'll send another payment and i have informed them that once my house has sold i'll be in a position to make full and final settlement.

 

Not that they will care the w4nker5!

 

See how i get on, i think they enjoy it you know!

[Matt5791]

SD's are the new weapon of choice of DCA's. They have realised there are problems with the trad route of CCJ's so they seem to think "let's scare the crap out of them with an SD".

 

You are asking for a copy of the Consumer Credit Agreement unders ss77/78/79 of the Act. The letter will say that the £1 is the statutory fee. They cannot do anything until they have complied with your request and is an absolute defence to any action they take.

 

Here's a comment from one site;

• (4) It’s wrong to use a Demand or Petition on a contested debt (it’s irrelevant whether you disagree with the debtor that the debt is contested – the test is whether you can show it’s undeniably owed). Misuse of a Demand/Petition may result in an application to restrain you from proceeding or dismissal of your Petition; moreover you’re likely to penalised by the court ordering costs against you for abuse of process (costs which you’ll have to pay even if it later proves that the debt was due!) Remember this trick if you receive a Demand on a claim which you have any grounds to argue isn’t due

 

I went to the High Court just over a year ago and sucessfully obtained an injunction against a petition when a statutory demand was levied against my company.

 

One thing I would say is, a SD can not be used purely as a debt collection weapon - it is only for an undisputed amount - maybe to enforce a court judgement. However getting an injunction may require detailed legal arguement in front of a Judge, and you need not only a good solicitor but definitely a good Barrister make this case.

 

The good thing is that you only have to show there is an arguable case the debt could be disputed.

 

We also had costs awarded against the other side - the whole escapade cost them about £20K

[olliepup]

Thanks for the tips!

 

I sent a letter yesterday disputing the amount owed and requested a copy of the credit agreement and a full financial statement required within 12 working days.

 

I also mentioned that would put a complaint in to the OFT for continuing to call me when i requested in writing that they only contact me by post.

 

I mentioned about physcological harrassment which is frowned upon by the OFT for asking me to pay in full when i can not and pay unreasonable instalments that i can't afford.

 

Told them again to contact me in writing only and remove my numbers from their systems or i will put a complaint in.

 

I reminded them my house is on the market but not worth as much as i thought so i've reduced it and that my mortgage obligation was higher than i thought to make it less attractive to make me BR, but i will offer to pay monthly until the house i sold when i will make a full and final offer.

 

Hell i can't be fairer than that!

 

See what the twats come back with, i'll let you know!

[olliepup]

Well i think they have received my letter!

 

As i got 4 phone calls of said DCA and my letter was guarranteed to get there by lunch today!

 

Well lunchtime calls stopped but i'll have to wait and see what they send back!

 

Probably a SD but i have requested a CCA!

[olliepup]

Hi,

 

Just checked my account and i've noticed they have cashed the cheque for £1 for the CCA.

 

Is this a sign of their confidence in producing the CCA or do they normally cash it thinking it's an extra quid for them?

 

They have till the 21st to fullfil the request.

[Blossomandebony]

Hi, Olliepup,

 

The fact they've cashed your £1 is proof of your CCA request. It's good news because the clock is ticking for them to reply with a properly executed agreement.

[olliepup]

What should i be looking for on this CCA? If it turns up that is! Hopefully not!

 

I hope i can beat these greedy pigs!

[ODC]

What should i be looking for on this CCA? If it turns up that is! Hopefully not!

 

I hope i can beat these greedy pigs!

Wait till it comes, post it on here and we wiil let you know

[olliepup]

Cheers ODC.

 

Still heard nothing yet, they have 9 days to fullfill the request of the CCA!

 

In the meantime DLC have accepted 5 quid a month payment but i'm going to try and get that one reduced to settle early.

[olliepup]

Hi,

 

Just an update on my CCA request from Legal & Receivables.

 

The 12 working days was up on the 21st! Haven't heard anything from them, they have took the hint in my letter and stopped phoning me!

 

So what now? how long do they have to produce the CCA? and what if they come up with it in the next month?

 

I was still going to send my offer that i have been making to hopefully keep them quiet if they can't produce the CCA.

 

So what's the best way forward?

 

Thanks in advance.

[ODC]

They have a further calendar month to produce it before they commit a summary offence. If they make a demand for payment without producing a CCA then report them to TS for non compliance. In the meantime enjoy the peace and quiet

[olliepup]

Cheers ODC and thanks for all the help i've received!

 

Just a update, still haven't received the CCA i requested and it will be a full calender month on the 21st.

 

I asked them to remove all my numbers from their system and to not contact by phone and only in writing and hey presto i received a call from them today asking me to contact them again!

 

Obviously i'm not going to but i didn't make a payment this month as no CCA as yet, but i may send them a cheque tomorrow for the amount i've offered.

 

I've recorded the time and date of the call, so what should i do wait untill i get some form of contact in writing, and keep recording the times they phone as surely they are committing an offence phoning me when i requested them not to.

 

So they have one week to produce the CCA, so after that what happens if it doesen't show??

 

Many thanks in advance.

[ODC]

They are in default of your CCA request. The account is in dispute so you should not be sending them any money until they comply.

 

They are in breach of OFT guidelines now continuing to phone and harras you. Its time to demand details of their complaints procedure

[clutchingatstraws]

No CCA No Pay is my motto

 

Lets hope the greed of these jerks means they don't see any more cash.

[olliepup]

Feel abit bad not offering any money as i do owe the money and want to rid the debt eventually but obviously they don't care when the threaten the hell out of you so i may say stuff them for now until they produce a cca.

 

And if not i can maybe make a settlement offer if i ever come into some cash to clear the debt.

 

Thanks for advice, so should i write to them asking for there complaints procedure if they keep ringing? or do i complain to TS or OFT?

 

Must say these ones have been the nastiest ones of all, everyone else has been slightly reasonable.

 

I owe some money to Natwest and they passed it on to Triton and i was making payments after threatening to bankrupt me then they said we are looking at your account so don't make any payments until you here from us, that was 13 months ago!

 

So do i leave that one alone until i hear from them or CCA them as a matter of course?

 

I feel like i'm beating them slowly thanks to advice from eveyone on here.

[ODC]

Feel abit bad not offering any money as i do owe the money and want to rid the debt eventually but obviously they don't care when the threaten the hell out of you so i may say stuff them for now until they produce a cca.

 

And if not i can maybe make a settlement offer if i ever come into some cash to clear the debt.

 

Thanks for advice, so should i write to them asking for there complaints procedure if they keep ringing? or do i complain to TS or OFT?

 

Must say these ones have been the nastiest ones of all, everyone else has been slightly reasonable.

 

.

 

You dont actually owe the money to the DCA as they do not have written proof of any alleged debt. As you say they have treated you like a bit of dirt so now its time for you to use the law to deal with them. Write and demand a copy of their complaints procedure and if the continue with demands for money then report them to TS

[B3rty]

This is standard stuff with Largo...I had a debt sold to them by HSBC...I phoned and was told pay up or we will make you bankrupt that was in Oct....just before I discovered this site.....

 

The gentleman I spoke to was very curt and matter of fact he said if I owned my house they would delay the SO to give me time to remortgage

 

A few days later I discovered CAG....I CCA'd them and have heard nothing since and sent them the default letter last month...

 

This company is owned by Tessara who use Phoenix as their distributor so as end users L&R ( Largo) just get as much in as they can.....looking at previous threads it would appear that Phoenix are in a mess

[olliepup]

That's exactley the sort of conversation they had with me!

 

After reading this site and following advice i'm feeling in more control!

 

BUT SOMETHING WEIRD HAS HAPPENED!

 

I don't know if you can advise on this but i can access my credit file as i've paid a small amount to keep a check on it.

 

I've just been on and the debt with L&R has gone???

 

When it was with First direct the debt was registered so now the debt is sold to LR does that mean they have to re register the debt or beacause i've CCA'd them and they haven't produced it they have removed it altogether??

 

I'm very surprised to see it gone???

 

Any ideas?