another Red Pre Bankruptcy Petition letter

[muggedbypost]

Hi

 

I contested HSBC charges with the result they closed my account and referred it, I assume, to RED/Hampton/Lowells. I get Loads of phone calls from various companies;the first call from them I disputed the ammount owed and now do not speak to them. They have sent now me the "pre bankruptcy petition" letter claiming my account is to be fast-tracked to their bankruptcy division. I was about to write to them with an offer ( around £15 month is all I can really afford at a push ) whilst disputing the total ammount which is sevral hundred pounds more when I notice the address and realised they were all the same company - which then led me to this website! Any suggestions on my best course of action?

BTW. What is an SD?

[Curlyben]

So this is yet another threat from our Leeds friends.

 

Throw this at them.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

[muggedbypost]

Many many thanks Curlyben for your advice. I will send them this and let people know how I get on. It seems standard practice for a lot of firms to try it on either with selling faulty goods or services or overbilling and then passing debt collection/ harrassment over to the likes of Lowells, Cabot and others. In a similar vein it is interesting now with the other services where we get ripped off such as in the utilites sector where we get ripped off through PPP which is making a tidy profit for the likes of Siemens and co. Everything appears to be contracted to different companies ( often registered offshore ). Something has to change. Feel like going to Leeds and organising a picket of their offices!

[Newborn]

Hi,

 

One question you had was 'what is an SD?'

 

This is a Statutory Demand, which is an extremely nasty beast if you don't deal with it quickly. There is a sticky thread on the subject.

 

Newborn

[renegotiation]

Stat demands expire after a set time don't they? I had a quick google, but couldn't see anything definitive.

[Newborn]

Hi Renegotiation,

 

Didn't know that. I will also have a Google on tht.

 

Newborn

[muggedbypost]

Hi

 

I have found a resoanble explanation - looks worrying here:-http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.htm

[ODC]

WTF is a Pre Bankruptcy Petition anyway. IMHO it has no legal standing other than another futile attempt by Lowells to con people into paying them.