Lowell / Red Debt Collection - (alleged) Statutory Demand

[kraygerson]

I have read the names of this despicable t**d of a company on these illustrious boards a few times. I am currently dealing with them.

 

Towards the end of September they wrote to me regarding an alleged debt purchased from HSBC. I responded promptly and denied knowledge of / liability for the debt. I also requested some details - the nature of the debt, the amount, details of most recent payments, etc.

 

I heard nothing further from them.

 

Until today, that is. They now claim they sent a Statutory Demand and that the the deadline for its return has passed.

 

Naturally I am about to send off a reply, stating that I did not receive the demand and reminding them that I dispute the debt. Once again, I am asking them to provide details of most recent payments. I have also asked them how and when the demand was sent. If other, related threads are anything to go by, they will doubtless have sent it by second class post (if at all!).

 

I guess my question is this - should they wish to try and take matters further, what might the legal position be for someone who did not receive a Statutory Demand and consequently was not in a position to request for it to be set aside?

[PI Guy]

they will need to substantiate the delivery of the SD. They usually do this via a statement of service or a sworn affidavit.

 

The SD is not as big an issue as the bankruptcy Petition that may follow it. The bankruptcy Petition needs to be served personally to you. If this is impossible because you evade the process server then they will apply to the court for alternate service which may include publishing it in the local papers etc.

 

I wouldn't bother evading but rather fighting the debt that is alleged. There are many here who will help you in this.

[kraygerson]

Thanks for the reply.

 

I fully intend to contest the debt and have no desire to evade the process server - should one ever materialise.

 

The alleged debt is for a little over £1400. Given the costs associated with making an individual bankrupt, I cannot see it being worth their while going down that route. Assuming, of course, they can prove that:

 

1. the debt exists

2. I am liable for it

3. they have the right to pursue it

4. it is not statute barred

 

I will keep the thread up to date as developments occur.

[Curlyben]

What is this debt for ?

 

It seems RED have been reading the tactics of a certain other DCA and sending out SD's like candy.

To our advantage they are improperly served and as such completely meaningless simply another Threat-O-Gram.

 

There are steps being taken concerning the use of SD's in this manner.

 

RED Debt this is your ONLY warning !!!!

[ODC]

RED should have paid more attention and saw what happened to CONnaught when they tried to scare people with SDs they could not back up. W Anchors.

 

Still over the next few days when they get loads of applications for Set asides and CCA requests then maybe the penny will drop. Perhaps if the Courts decided they were Vexatious Litigants then their sale would not look so sweet

[kraygerson]

What is this debt for ?

 

Well now, that is a good question. All I know is that it pertains to a bank I have not used for about ten years. I held a student account with them. At the time, I was a mature student and financial difficulties forced me out of university. There followed a very difficult period and I ended up with a rather large overdraft, swelled by bank charges added when they switched me to a regular account.

 

Lowell/Red's initial letter stated that the account had been sold to them.

 

As I recall, the bank closed that account without notifying me - just as I had found a job!

 

It was a loooong time ago. (I am aware of the Limitation Act 1980!)

[Curlyben]

In that case simply send them a Statute Barred letter and have done.

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

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