AIC - Largo Legal & Receivables - statutory demand - Help!!

[solent68]

Hi, I would like some advice re an old debt that is being chased by Allied International Credit which is now being pursued by Largo Legal and Receiveables.

 

Once upon a time I had a credit card with NatWest, I then had an accident at work and subsequently went behind on my payments and my account was closed with Natwest - I can't be sure but I think this was in 2001? In 2002 Allied International started chasing me for the debt and I wrote to them twice in early 2003 asking them to send me their details to set up a standing order to make monthly payments. They never sent me any information to do this so didn't get paid - I was a single parent with two young children at the time and had other debtors chasing me for payment as well!

 

Anyway.... last year I moved house and I am currently having my mail redirected. Allied International/Fairmile Partnership/Largo Legal & Receivables have started chasing this debt, presumably as it will be statute barred soon as the last time I contacted them regarding this debt and acknowledged it was in early 2003.

 

Fairmile Partnership threatened a statutory demand last month. Apparently, according to a recent letter from Largo Legal and receivables, it was served at my previous address recently. Please bear in mind that I only know any of these details as my mail redirection has not run out yet! ALL correspondence relating to this debt is being sent to my old address and if anything is hand delivered there I will not receive it. I do not know the new tenants as they moved in a few months after I moved out. I did not leave a forwarding address as my mail has been redirected.

 

Anyway the debt is just over £1K and additional charges have been added since I offered payment back in 2003 and never received a response. Also some of the debt would have been charges on the credit card for missed/late payments etc. due to my accident so I would dispute the amount anyway - since learning on this great site that I can do this!

 

Has anyone here had any dealings with these companies and can offer me some advice? I believe if I hadn't offered payment back in 2003 this debt would be statute barred by now, but as I genuinely wanted to sort things out I did offer to make payment. The only reason I didn't was because Allied International never sent me the information I needed to set up the standing order.

 

I have no assets, I live in a rented property and still have a lot of outstanding credit card debt, although I am managing this at the moment and trying to get my credit rating back together! So by making me bankrupt, which is was is now being threatened unless I telephone them "to discuss this matter further" as "no further reminders will be sent".

 

Should I CCA Allied International to see if they actually do have the legal right to pursue this debt? Although I am very reluctant to give them my new address!!!! For looking at other threads it also seems that these old debts are being dredged up by debt collectors a lot recently.

 

I have no intention to telephone them - one of the things I have learnt on here is not to phone these sharks! They do not have my new address and the new tenants of my old address have obviously not told them I am not living there - they could have put the statutory demand in the bin for all I know!

 

Will they make me bankrupt for a credit card debt of just over £1K? Will they actually pursue it through to this or are they just trying to frighten me into phoning them? I don't want to be bullied by these people into making a repayment plan that I cannot afford to stick to as from reading some threads it sounds like they demand huge amounts of money each month and are really nasty to deal with. I don't therefore want to give them my new address or contact number as they will really be able to harass me then!

 

Any help really appreciated!!

 

Many thanks

[vselym]

Hi Solent68

 

i think youre gonna have to bite the bullet and write to them. I would CCA all 3 dca's, and it maybe worth S.A.R - (Subject Access Request)'ing NatWest to see exactly the history and dates of your account.

 

as regards them then having you contact details, so what ? with the help of this site you'll be able to deal with pretty much anything they try and throw at you

 

also head each letter with "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

 

keep us posted

[42man]

OK....if you have neither made a payment towards or acknowledged the debt then as you know it is statute barred.....It might be worth sending them the statute barred letter AS WELL as a request for your CCA as Vselym has said above.....you need to send the CCA requests by recorded delivery and do NOT hand sign them either...., don't forget that it MAY be the case that they owe you more than you owe them !!! for example a £30 charge on January 1st 2001 is now worth £47:59 to you !!! (this figure includes 8% compounded interest)... there is a good calculator here... Bank Charges: Reclaim them, they’re unlawful, includes free template letters ... , if you feel they owe you more than you owe them then you will need to send a SAR request to the original creditor. The first thing to do is get the CCA/stat barred request off ASAP get them to prove that the debt isn't statute barred and that they can legally collect on the debt....!!

 

Keep us posted...

[solent68]

Thanks for your help on this.... I am just using the template for the CCA letter on the site and hopefully will get it in the post today or tomorrow - need to go buy a postal order!

 

I really think they are just trying to put the frighteners on to get me to pay a huge chunk of money (which I don't have!) without realising they are chasing a debt I may not have to repay and that is in fact incorrect due to the charges added by the bank before they defaulted the account.

[42man]

It might also be incorporating something on the statute barred aspect too Solent....get them to answer both questions in one !!!

[solent68]

Thanks for your response to that 42man..... apologies for not updating on this post for a while my mother has been in hospital having a serious operation and other things have been put on the back burner!

 

I haven't sent the letter off yet, although I had gone to the post office and got the postal order etc.....

 

It has only just come back in my mind again as I have had another letter from Legal & Receivables, here is the basics of the letter:

 

"our records show that, despite the service of a SD (never received it went to old address!) you have failed to settle this account.

 

Our client is currently considering the issue of petition for bankruptcy based upon the demand made. However prior to commencement of such action we are instructed to propose a balance reduction for prompt settlement."

 

They are asking for around £900 which is about a £300 drop. It then goes on to say that this is without prejudice and they have the right to reclaim the full amount etc.

 

Anyone have any idea what this bunch are up to??

[gni03349]

......... Anyone have any idea what this bunch are up to??

 

Well, if its Statute Barred, they want to recoup as much as they can, hence the "offer".

 

If its Statute Barred, you know exactly how much they will get from you, don't you? ;). Such a shame eh?... such a shame .

 

I think they know they are not going to get very far with this, but having said that, they will try everything (legal or otherwise).

 

Sending off the letters will buy a bit of time, and the CCA letter may well screw it up totally for them. They have to produce, within the time limit, and it puts this into dispute.

 

Just send them off, keeping all recorded delivery receipts, and never signing anything, and wait until (or IF) they reply. They might still try to hassle you, but you can just refuse to speak to them.

 

Good luck.