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Red ( Lowells ) SD Processing Unit Letter


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Hi

I sent Red the excellent letter you recommended ( see previous posts )beginning:-

 

"[As holders of a Consumer Credit License 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 HSBC Bank PLC 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." ...etc.

 

see post

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/130154-another-pre-bankruptcy-petition.html

 

i.e. this was about disputed ammount due to bank charges which as we know is still going through the courts. They have replied this week with a letter entitled "Statutory Demand Processing Unit"

It reads thus...

Your account has been passed to this department and papers are being prepared with a view to a petition for yuor bankruptcy being filed at Court. We are writing to you to explain the process that is likely to follow.

 

As a first step we have to serve you with a Statutory Demand fopr payment under section 268(1)(a) of the Insolvency Act 1986 in respect of a debt for a liquidated sum payable immediately.

 

Following receipt of this document you will then have 18 days to make an application to set the demand aside.

 

If after 21 days you have not dealt with the demand our client could file a petition for bankruptcy at Court.

 

How to comply with a statutory demand or have it set aside

 

To avoid a bankruptcy petition being presented to you, you must pay the debt shown above. Alternatively, you can come to an agreement with us and enter a repayment plan, you will not be asked to enter a plan that is beyond your current financial circumstances.

 

To discuss your account, make payment in full or enter into a monthly repayment plan please call the number below urgently.

 

 

****************************************

 

What is my best action to take regarding this letter - what are the possible outcomes. As I said before I have every intention of paying HSBC what I owe them but I do not wish to pay their rip-off bank charges...Thanks.

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Best bet is a well worded letter informing them that should a statutory demand be received you will have it set aside (probably a good idea to list the grounds) and you will be pursuing them for your legal costs of setting it aside, they should then realise your not stupid enough to fall for it and one would hope that they dont issue you with the demand :rolleyes: dont panic though as its dead easy to get a demand set aside and you have legitimate grounds, just more of a pita tbh!

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