Stat Demand from Lowells/Cap1 for statute barred debt!

[39+]

Hi everyone, first post, please be gentle with me

 

As per thread title, have recived a statutory demand from Red/Lowells for £1561 for Capital One card.

 

Original agreement taken out in 1999, but about a year after was unabel to work due to accident and ended up seriously ill. Haven't heard a peep out of them for years (still at same address), and suddenly this pops through the door!

 

I am very confident it's statute barred, as it wasn't active for very long and never made many payments after I defaulted. Also, I recall it being on my credit report a couple of years ago, but isn't there now, so looks as though it has fallen off under the CRA's 6 year rule.

 

Should I have this SD set aside? Cos surely they can't chase if statute barred anyway, and I know from reading here chances of Cap 1 have CCA are about as much as finding Shergar alive and well!

 

The other concern I have is I've read of Red/Lowell's issuing these SD's recently and also placing new defaults on people's files. Surely in a case such as mine they'd have no right to do that? Obviously worried as just getting myself sorted after a torturous few years.

 

Thanks for any help

 

J

 

Sorry, forgot to add SD was posted 2nd class and not signed for.

[Boro]

Yes you must get the demand set aside, this will cost you nothing to do, dont forget to ask for costs so it ends up costing lowells

[39+]

Which costs would these be Boro, as I understood there was no charge for setting aside a SD?

[Boro]

The cost of your time

[42man]

Send letter 'M' from here.....and don't hand sign it, and send it by recorded delivery. It is an abuse of process if they try and take you to court and the debt is staute barred....

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[39+]

Thank you 42man. Should I also CCA them or is that pointless?

[Boro]

Pointless if the debt is statute barred

[42man]

Get them to prove the statute barred bit first, remember if you have neither paid OR acknowledged the debt then it is definately statute barred....

[42man]

You might be interested to see this from the Office Of Fair Tradings Advice on debt collection too...under section 2.14 (b)

 

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[39+]

Thank you 42man, have definitely neither paid nor acknowledged anything. Will try the statute barred letter, what do I do if they don't crumble after that? And should my sole reason for set aside be statute barred, or are there any additional reasons?

 

Thanks again

[42man]

Your reasons for set aside would be statute barred, but if for any reason at all you have paid something towards it in 6 years then you could request a copy of your Consumer Credit Agreement....you could also argue that there are an excessive amount of penalty chrges on the account too...

[39+]

Well I applied for the setaside, and at the same time sent the statute barred letter to Lowells.

 

I received a hearing date of 15th May, and then this morning a letter from Lowells stating after further examination it is apparent it is statute barred, and as such have closed the account and I will not be hearing from them again.

 

The best bit was this though....

 

"Please accept my apologies for any inconvenience caused by this matter"

 

I got an apology from a DCA

 

Opinions on what to do next would be welcomed. Would you attend the hearing with this letter, and claim costs for them wasting my time, or just inform the court and leave it at that?

[42man]

ok, just be a little careful if it is not handled properly then they might try a fast one on you (you thinking that you wouldn't need to appear and Lowells appearing and getting the judgment).....I know if it was me I would appear and claim costs !!! Judges in general do not like DCA's and going to court and exposing their sharp tactics will increase pressure on DCA's!!! What makes me mad is that if you hadn't have known about the statute barred debt a judge would have entered judgment in their favour....I would also let the FOS/OFT and Trading Standards know....

[Santos L Helper]

Totally agree with 42nd man

 

Send a complaint to OFT at this address...............

 

Consumer Credit Fitness Investigations Group

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

The more people who complain, the more likely the chance that lowells will be investigated by The OFT.

Regards

Santos

[MrCollio]

Even though they have withdrwan you must still attend court. When in court have a schedule of costs ready to hand to the judge.

Remember you can only claim litigant in person rate which I think is 9.50 per hour. Also itemise all other costs such as mileage and parking.

In my case the judge disallowed my travel time but allowed my mileage.

[39+]

Thanks for all the help and info.

 

Does anyone have any idea how many hours the judge would deem resonable to claim? What with going to court to file for set aside, attending the hearing, the amount of time researching all this I think it would probably be a surprising amount of time. However, I am very wary of appearing to take the mick lol.

 

Strange, but I'm actually quite looking forward to it

[ODC]

You may want also to draw the judges attention to the abuse of process by the Leeds Losers. They knew this debt was Statute Barred yet went ahead with a Statutory Demand. They send a load of SDs out in an attempt to CON people into paying up.

[39+]

Absolutely agree, thanks ODC

[traderman]

I asked for £60 and got it because of the preparation work in getting it sent aside and swearing the affidavit etc. Dont know if amyone has got any more?

[39+]

Thanks traderman

[39+]

Attended hearing for the set aside this morning, and as expected Lowell's didn't turn up.

 

Judge didn't really want to hear about what's happened, said he had a long list etc, but did recommend I approach TS and FOS about Lowell's practices. Apologised for the distress caused, and had no hesitation in awarding me £100 costs although I only actually asked for £75

 

I'm a happy bunny

[bigandyuk1]

Good result and if Lowells don't pay then send the bailiffs in

 

Regards

Bigandy

[PrettyPaula]

awesome result, well done old chap!

[ODC]

Attended hearing for the set aside this morning, and as expected Lowell's didn't turn up.

 

Judge didn't really want to hear about what's happened, said he had a long list etc, but did recommend I approach TS and FOS about Lowell's practices. Apologised for the distress caused, and had no hesitation in awarding me £100 costs although I only actually asked for £75

 

I'm a happy bunny

ROFPMSL:D:D:D

 

Looks like that silly game backfired on them.

 

Do as the nice judge says and report the Leeds Losers:-x

[lickthewallfatboy]

very nicely executed!!