Lowell/red threatnening SD on 1972 Barclaycard **SET ASIDE**

[Creole]

Red Debt Collection Services (representing Lowell Portfolio 1 LTD) recently sent me a letter stating they will be presenting a bankruptcy petition against me.

 

This is for an old credit card I had with Barclaycard years ago. I haven’t heard from them for nearly 6 years now, so thought the debt has been written o

 

this company (who bought the debt in 2005) now want to take me to court. Also included with the letter is form 6.1 Statutory Demand (which I’m thinking is to scare me). They want me to offer a lump sum or enter into a monthly plan.

 

I was thinking of sending them the CCA. Can I do this, considering they’re thinking of bankruptcy?

 

Grateful for any advice………apparently, I have 14 days to reply!

 

Thanks

[42man]

Firstly if you have neither made a payment towards OR acknowledged the debt in 6 years (5 in Scotland) then it is statute barred.....

 

Does the stat demand have a court stamp on it ?

[Creole]

no it doesn't have a court stamp, it looks like a photocopy.

 

I have lived at my current address for near 6 years (will be 6yrs in Dec) and during this time I have never heard from them. I can't remember when I last heard from them before I moved in.

[42man]

In that case I would send Red (they are well known for collecting debts that are statute barred) this letter here 'M' send it by recorded delivery and do not hand sign it... - LETTER 'M' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

With regard to the statutory demand, if it was me in your shoes, I would take it to your local court, and ask them if it is genuine....I know of one cagger here who took his to his local court and they recommended taking it to the magistrates court as it is a clear abuse of process....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/103839-cca-1st-credit-connaught.html?highlight=HAK - (POST #38)

 

Let me know what the court says, if it is genuine then it needs to be set aside.....

[Creole]

So you don't think I should send them Letter N first? Copy of credit agreement under the CCA.

 

I did this for another DCA, and they wrote back to say they've lost it and that was the end - I haven't heard from them again.

 

Re visiting the court, I will certainly do this, but really believe it was a photocopy, because there were bits of it crossed out.

 

really grateful for your help.

[ODC]

Do as 42 Man says and send off the Statute Barred Letter to these muppets as soon as possible. The burden of proof rests with them to prove it is NOT Statute Barred. If the alleged debt is for an old Barclaycard it would be very surprising that our friends in Leeds could come up with a properly executed CCA in any event. The SD may well be a genuine one just sent out to scare you. If you are going to your local court you may as well apply to have it set aside on the grounds that you dispute the debt. If you believe it to be an abuse of process then report these clowns to Leeds TS as they were investigated earlier for abusing the SD process.

[Creole]

But the thing is, I don't know for sure if the debt is over 6 years yet. So wouldn't it be wise to send letter N?

 

I feel if I send Letter M then I'm agreeing that the debt is mine.

[42man]

In that case if you're not sure then do send the CCA request....

[ODC]

But the thing is, I don't know for sure if the debt is over 6 years yet. So wouldn't it be wise to send letter N?

 

I feel if I send Letter M then I'm agreeing that the debt is mine.

No you are merely informing them that the ALLEGED debt is barred by Statute

[palomino]

Firstly if you have neither made a payment towards OR acknowledged the debt in 6 years (5 in Scotland) then it is statute barred.....

 

Does the stat demand have a court stamp on it ?

 

It won't. Statutory Demands are sent straight from the claimant to the defendant. The court is not involved in sending it.

[Creole]

Hi,I've got 2 questions to ask:1. What are the chances of a DCA producing a credit agreement of an account (say Barclaycard) that was opened in 1997?2. Why should you not sign a CCA/statue barred letter? Thanks

[Pinky69]

1) No way of knowing but the odds of them not having one are in your favour.

2) The reason for not signing any kind of letters to DCAs is that they have been known to take a signature from a letter and put it on an agreement/ other documents and try to pass them off as being authentic. Forgery - yes - but they do it nevertheless.

[maroondevo52]

1. Not sure, give it a try.

 

2. It has been rumoured, some signatures, somehow 'magically' appear on agreements

 

**Snap Pinky** well nearly.

 

Regards.

 

Scott.

[Creole]

My goodness, can't believe they will do that - the lengths the go to eh.....Thanks for your reply

[PriorityOne]

B/card will probably send you an Application form and try and make out it's an Agreement... if you get anything back at all, that is.

 

[Creole]

Hi, Another quick question pls..Do you know how much it would cost me to have the Stat demand set aside?Thanks

[maroondevo52]

Hi, Creole.

 

I believe it costs nothing.

 

Here's a thread that might be helpfull.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

 

Regards.

 

Scott.

[UnmoderatetheNet]

I received an application form for Credit Card in 2001 so I reckon your chances are good

[Guest forgottenone]

B/card will probably send you an Application form and try and make out it's an Agreement... if you get anything back at all, that is.

 

*nods vigorously*

 

 

Edited August 25, 2008 by forgottenone
To put what was I gonna put originally! :)

[Creole]

Hi all, I went to the court today to apply for the SD to be set aside. But I think I may have messed it up...The grounds to have it set aside are:I do not admit to the debt because I am currently disputing it and I have lived at my current address for nearly 6 years and during this time I have never heard from this company.I am a bit worried about the first one, am I right in saying that please? I am definately disputing it (already sent off CCA), and I'm not 100% sure of the amount.Any advice please??

[42man]

I think you have done ok....you'll soon hear, but the statute barred defence is a complete defence...

[emmaf01]

You say you haven't heard from them in about six years- when you did last hear from them can you remember if you talked to them or payed them anything?

[Creole]

Hi,I got into trouble just before I moved to my current address - so haven't kept up the payments with Barclaycard. Thought, it was all written off, until I got the SD. However, I have never communicated with Red, either by phone or by letter, nothing at all.In a nutshell, since I moved to this address - which will be 6 years in Dec, I haven't heard a thing from them - I had forgotten about it and can't remember how much it was for.

[emmaf01]

So when exactly did you stop paying BC- any ideas?

[Creole]

That's the thing, I really cannot remember...