Statutory Demand - Statute Barred/Wrong Address

[whirlybird]

Hi All

 

Briefly, been getting letters from various debt collectors over last few years regarding debt that has been statute barred for over 4 years.

Sent letter explaining situation and heard nothing for a cpl of months.

 

Next correspondance was another begging letter with a greatly reduced amount (they took off the largest amount in the hope that id pay something i guess). This was duly ignored.

 

Yesterday i discovered that dca (1st Credit/Connaught) have been sending correspondance to an address unrelated to me (they managed to get correct address previously). The other address is that of a family friend that i havent seen in over a year and only came to light when she rang her mother to tell her she'd opened a letter for her address and only then realised it was intended for me.

 

Now i am in receipt of one of the letters i have found it is a statutory demand. This has caused all manner of distress both to my family, the person who received the letter and my utter humiliation at everybody now being aware of my situation.

 

What do i have to do to get these people off my back once and for all, as they obviously dont understand what statute barred means and have used underhand tactics by sending mail to an unassociated address???

 

Any help appreciated

[banker_rhymes_with]

Hello Whirlybird!

 

Firstly, if it is a real Statutory Demand with a Court Stamp, then you must move to get that set-aside as a matter of Priority.

 

There are many Threads on these issues:

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Me v 1st Credit (Stat Demand)

 

Have you received threatening demands for debts older than 6 years?

 

If the Debt(s) are Statute Barred, then getting the SD Set-Aside and getting these DCAs off your back should be just a matter of working through the issues.

 

Also investigate the CPUTR (Consumer Protection from Unfair Trading Regulations) that came into force around 26th May 2008. This could be used against a DCA making Threats to make you Pay a Statute arred Debt.

 

I hope this helps.

 

Cheers,

BRW

[whirlybird]

Thanks BRW

 

Ive read through as much as i could at work, back to it again now.

 

Cant tell you how b*****y furious i am with this shower, honestly believed it was all over. Still puzzled as to why they would send the mail to an unrelated address, makes me wonder who is processing my data.

 

Reading through the one letter in my possession, its dated 11/7 but cant see a court stamp anywhere.

 

Anyone in Reigate fancy posting my reply to them through some random letter box? Seems to be the way 1st Credit/Connaught do their business

 

Thanks x

[banker_rhymes_with]

Hello Whirlybird!

 

I regret that I'm no expert on Statutory Demands, just known for years they can be bad new. But I suspect that them sending it to an unrelated/but-related Address was deliberate.

 

The fact that you found about about it suggests the Address is linked to you in some way. If you think back, that Address may be linked, I don't know, but it wasn't a random stranger, so there was some method to their madness.

 

i.e. they were trying to sneak this in by the Back Door's Cat Flap to get it all done and dusted before you were aware.

 

Be aware that some DCAs deliberately send papers to last known Addresses, which they harvest from the Credit Reference Agencies. For example, if the CRA Data says you have lived at Address-B since 2002, the DCA will try to see if there are any details on your last Address-A, and will send Papers there, in the hope it's not passed on to you, i.e. now that you are residing at Address-B.

 

Some CCJs have gone ahead because of such tactics, so take care these people may mean business and the SD was no idle threat.

 

However, many DCAs and/or their tame Lawyers are sending out SDs like confetti recently, mostly as rather nasty Threats.

 

Many are not Stamped by a Court, so are idle, but many are serious.

 

In summary, investigate it fully, as a SD is not something you want to ignore until sure it was not genuine.

 

Cheers,

BRW