Advice Please! - SD received from Lowell/RED but credit files are CLEAN!**WON**

[PossVox]

Hello from a Newbie and, I must say, what a relief it is to have found this site!

 

Ok, i'm looking for advice on my next move...

 

I received a Statutory Demand from RED last Saturday for a debt with Cap1. The SD came 2nd class and was not signed for. Having read lots of threads on the site, I decided to CCA RED/Lowells and also sent for hard copies of my credit files from CallCredit, Equifax and Experian. The credit reports arrived this morning and are TOTALLY clear (infact I was accepted for a current a/c this week and passed the credit check). I have heard NOTHING from RED regards my CCA request as yet. The CCA request was delivered and signed for on Tuesday (4th March).

 

i have not had a credit card since 2001 when, due to a messy separation & divorce, I ran into trouble and it defaulted. I have not acknowledged any debt to anyone for at least 3 and a half years.

 

So, since my credit reports appear unblemished, what do i need to do next if anything?

 

Thank you

[maroondevo52]

Hi, PossVox.

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Think you just have to wait and see what they come back with.

 

Regards.

 

Scott.

 

 

 

 

[PossVox]

Hi Scott,

 

Thanks for your quick reply.

 

I'm guessing that the debt would be stat barred and the reason it doesn't appear on my credit reports is that it's fallen off after 6 years?

 

Thanks for the advice, and I will wait to see what RED come back with.

 

My main concern is that RED will enter a default and mess up my credit again? (!)

 

Thanx again

[PossVox]

Sorry! Forgot to ask what to do about the SD? Do I ignore it as RED have no way of proving I ever got it or do I get it set aside?

 

Thanx again!

 

(Is it obvious that I'm completely new at this forum thing?)

[Goldlady]

I think it costs nothing to get a SD set aside and if it was me I would do it just to be on the safe side.

[PossVox]

Thanx Goldlady,

 

I have the forms downloaded to set the SD aside but my reasons for the set aside seem clumsy. I haven't heard from RED before the SD, it wasn't served correctly, I have a clean credit file are the things I was going to put down.

 

Any ideas of something concise which would help have it set aside?

 

Thanx

[Goldlady]

I would say something like 'I have no knowledge of any debt to this company, have had no correspondence from them whatsoever and have asked them for further information. I am therefore requesting that this statutory demand be set aside as I believe it has been issued incorrectly' or something like. The courts will not progress a SD to bankruptcy if there is the slightest hint of a dispute.

 

I am sure someone on here is better at 'court speak' but that's what I would say.

[Goldlady]

And add in the bit about checking your credit files and no debt showing.

[PossVox]

Thanx again Goldlady,

 

that seems much more to the point! I think I was panicking so much last weekend that I wrote about a two thousand words on the set aside form and actually said NOTHING!

 

Do you have any idea why this debt should have resurfaced after so long? I'm presuming it's stat barred and, if so, how can RED legally chase it? Some threads have said that RED "specialise" in this kind of thing but surely they're on a hiding to nothing?!

[maroondevo52]

Your right, they are on a hiding to nothing, but unfortunately there are a lot of people who will pay these old debts.

 

Thank god I'm a cagger

[PossVox]

Thanx for your reply,

 

I will do the request for a set aside on Monday using Goldlady's wise words and I guess I have to then sit tight and wait for RED to provide me with the proof that I owe them money.

 

It's very unsettling having to wait and see... I still wake up in the middle of the night convinced that these terrible people will make me bankrupt!

 

If RED got my CCA request on the 4th March (around lunchtime) when are they in default pls?

 

This is a wonderful forum full of reassurance and sound advice!

 

Thanx again

[maroondevo52]

Hi,

 

Think it's 12 + 2 days, then a further 30 days, from when they receive your request.( I also think it's working days).After 12 working days of a proper CCA request. They default, after a further 30 days they commit an offence.

 

 

 

Could be wrong.

 

Regards.

 

Scott.

[PossVox]

Top Man Scott! Thanx.

 

Can I count the day they signed for it as the 1st working day? Once I know if that's the case then I'll mark the default date on my "Puppies 2008" calendar! Haha!

 

Can anyone clarify for definite that, because this debt is not reflected on any of my credit files as it has "fallen off", that it is now considered statute barred regardless of anything Lowell/RED come back with?

 

Sorry to appear thick!

 

Thanx to this forum and its members' sound advice, I have been transformed from a hopeless jibbering wreck as of last weekend to a much more hopeful individual.

 

I shall be making a donation to CAG!

 

 

Thanx again

[Goldlady]

 

I wrote about a two thousand words on the set aside form and actually said NOTHING!

 

 

That would have sent the judge to sleep:grin:

 

Most of us CAGGERS have been in similar situations and it is wonderful how everyone pools what knowledge they have gained to help each other.

 

Red/lowells specialise in buying statute barred debt (no acknowledgement of the debt or payment in six years) and sadly manage to get money out of people who haven't got access to sites like this one. My OH actually met an elderly lady in the post office who was sending a postal order to some DCA and she said to the clerk 'I don't know what this is but they keep threatening me'. OH told her the site address and hopefully she is now sorted. But how many people do just pay out of fear?

 

I would suspect if it is not on the CRA files that it is certainly statute barred.

[PossVox]

Thank you Goldlady!

 

I guessed that it was statute barred but it's reassuring that someone else thinks so too!

 

I suppose that it's just a waiting game now.

 

Should I wait for a response (or, more likely, a NO response) to the CCA request and then send the statute barred letter from this site... or do I go for the statute barred letter now?

 

Sorry for all the questions but I just want to put this problem to bed and get on with my life!

 

Thanx

[Goldlady]

I would perhaps wait and see what happens with the CCA request - and of course get the set aside sorted in the meantime. Capital One couldn't even find an application form when I sent them a CCA request. You have not acknowledged the debt by asking for a copy of the agreement. If they can't produce it they know they are stuffed, however if they do find anything then you can go down the statute barred road. In my opinion anyway.

[PossVox]

Goldlady, thank you once again!

 

I will follow your advice and post again when I have something to report.

 

Please RED...... GO AWAY!!!

 

I have clicked on your scales Goldlady... you have really helped!

[Goldlady]

Just so good to know you are not panicking anymore.

 

I have had a superb day - about six months ago good friends of mine were about to have their house repossessed - I went to the court with them and they got a suspended possession order. I was looking at the paperwork for the secured loan which the case was about and saw that there was 13k of payment protection insurance on the loan. Today they got a letter (after various letters I sent on their behalf) saying they accepted it had been mis-sold and refunding it in full, plus all the interest charged on it - about £20K in total.

 

Power to the people, as Woolfie Smith used to say:D

[PossVox]

WOW!!!

 

Well done You!

 

Power to The People indeed!

 

I cannot believe, having read the posts in this form, the underhand, bullying tactics that the DCAs rely on to extract money from people!

 

Let's keep fighting!

 

Thanks so much once again Goldlady

[The GodMother]

It is 12 working days before they deafult then 30 CALENDAR days before they legally deafult and you can report them to TS

[PossVox]

Hi Godmother,

 

The clock is ticking... ... ... and I'm sure that a) RED won't come up with a valid CCA and b) that it's a Stat Barred debt anyway.

 

WHAT A DIFFERENCE A WEEK MAKES!!!... Thanx to this wonderful forum and the support it provides I now feel confident that I can be rid of these RED parasites!!!

 

Fingers crossed then eh?.....

 

Thank you

[The GodMother]

yep and well done for gaining confidence

[PossVox]

Hello CAGGERS!

 

Please could anyone advise me as to the wording I have composed for a set aside of the SD from Lowell/RED? I'm going down to the County Court tomorrow morning so I'd like to be sure it's good enough.

 

I have taken advice from Goldlady and others but just need a little reassurance.

 

Here's what I have so far...

SET ASIDE NOTES:

 

I have no knowledge of any debt to this company, have had no previous correspondence from them whatsoever and have asked them for further information in order to establish the validity of any claim they may have.

 

The statutory demand was not served by the correct process i.e. it was delivered by 2nd class post and took 5 days to arrive from the date posted.

 

I am in possession of up to date credit reports which clearly indicate a clean credit record and no record of this alleged debt, or any other debt.

-Credit reports received 8th March8)8)

 

I therefore respectfully request that this statutory demand be set aside as I believe it has been issued incorrectly.

 

Thanks in advance.

[Goldlady]

I think that is fine. There is no need to go into legal arguments or anything else - you are simply stating facts to the court. I would be happy if someone else backed up my theory - hello fellow CAGGERs is there anyone out there? But I would go with that possvox - and the very best of luck:)

[PossVox]

Thanx Goldlady. I will present the set aside tomorrow morning.

 

Do I actually go in front of a judge tomorrow or will I be dealt with by court staff? Also, will I know right away whether or not the SD is set aside or will I get a decision later?

 

Sorry ask so many questions but legal stuff is alien to me!

 

I'll report back when I return from County Court

 

thank you for your help and support