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Stat Demand from NCI resources no other info


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I received a letter from NCI Resources this morning informing me they shall be serving a Statutory Demand (in person) on me next week.

There is no account information on the letter, just the basic information that they will attend the address at the given time and if I am not there to receive it they shall post it through the letterbox or put an advert in the daily press!

I have CCA'd alot of Credit Card Companies after discovering this excellent site and have followed the good advice that is always (immediately) forthcoming (to date none have supplied a valid CCA). So this could be from just about anyone. I nearly panicked and rang them to find out who they are acting for, but then CAG came into my head!

I seem to recall the NCI logo from the masses of threatograms I have received, but cannot find anything in my files.

All help (as usual) greatly appreciated.

yeats

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You need to send them a "prove it" letter, inviting them to prove that they have a right to collect on whatever debt this is and that you carry liability to pay it. as you say, you have no idea who they are or what debt this is

 

If they do issue an SD against a debt that you have previously CCA'd and have not supplied the CCA, then they have no chance whatsoever, as well as the transferring of a debt whilst it is in dispute

Hope this helps

 

 

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There is no account information on the letter, just the basic information that they will attend the address at the given time and if I am not there to receive it they shall post it through the letterbox or put an advert in the daily press!

Whatever next :mad:

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Keep that letter, they sent you it would be great if you can post it up on here (but delete the personal details/reference numbers)....If it was me in your shoes I would send a CCA request first....it may even be one you had CCA'd previously....!! keep us posted.....if it names a date when they are to call, and if you have the resources, set up a video camera overlooking your front door to see if anybody does actually turn up....!! In my case a process server said on an affadavit they he turned up on a certain day, and our suspicion is that he didn't....!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks 42 Man.

I think that I shall CCA them and see if they show.

I shall be here on the day in question, so should I take the stat demand if he shows or let him post it?

Also, what is this crap about the Daily Paper?

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It's exactly how you desribed it....as I say Yeats....can you scan / photo the letter they have sent you (delete the personal data and reference no's) and post it up here ? use Image hosting, free photo sharing & video sharing at Photobucket - it is free

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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NCI look like they could be the real deal, so get the CCA off ASAP.....do you know what this might be for ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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If they can't deliver it by hand to you then the process server will have to write a sworn affadavit stating the days / times they have attempted personal service on you and will the court grant a substituted service on you....this is why I mentioned the video camera, if you can prove that they didn't turn up when they said, then a judge will throw it out....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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I think it is for 1st Credit/Connaught/Citi and they have not responded to my CCA request (only to pass it between each other), but it could be for several Credit Cards that I have CCA'd. Some of these have sent App forms as previously stated, but I would need to know which one to post it up. I will try to post the letter up a bit later when I have more time.

Can they still carry out the Stat Demand visit after the CCA request?

They sure are playing it cute by not putting any details on the letter.

yeats

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I am sure they will turn up as the letter states that they turned up previously and someone did turn up here a couple of weeks ago when I was out.

yeats

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It seems they are serious about it Yeats.....however, you did the right thing by sending out the CCA requests when you did, what is even better is that by sending the request and not sending it back you can prove it was disputed a while ago (keep the Recorded delivery slip/letter safe !!....please keep us posted, and shout if you need any help....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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They delivered the Stat Demand yesterday at 10:00 as stated in the letter and I (hopefully) have attached the first page of the demand below, along with a copy of the alleged CCA.

It is for a credit card debt for Alliance and Leicester and I CCA'd them on 28th August. Interestingly, I have a copy of the letter of Assignment and the Default notice from Arrow Global, both dated...28th August (see what they did there). I also received a Notice of Termination letter dated 11th Sept.

The other thing is that the Stat Demand Server letter is from NCI Resources and they are not mentioned on the actual demand, only Arrow, Mortimer Clarke Solicitors and MBNA.

Oh, and on the Application Form the T&C seem to have been pasted onto the Direct Debit sheet (upside down) and there is no signature, and the form is illegible.

Take a look at the attachments and PLEASE advise on the next step.

I know you will.

Many Thanks

yeats

 

Hope these work and I've managed to delete all info.

 

scan0004-1.jpg

scan0003-1.jpg

scan0002-1.jpg

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OK.....When you get a chance try calling Richard Mathias and tell them that you will be defending the demand.....if they don't put you through...

 

statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

 

Secondly despite naming a UK solicitor....i'm not sure about the validity of a US company claiming thorugh the UK system ??

 

I would also send a SAR request to A & L.....unfortunately this will cost you £10 (send it recorded delivery).....there is a good chance that there will be a number of excessive charges too, but at least you can check the A & L paperwork...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Can you post up the default notice too as that has to be precise ? Is the agreement largely illegible ?

 

The process server's name doesn't have to be on the demand...

 

Interesting also because Richard Mathias works for a company called DWF based in Liverpool...although it would seem that the telephone number for Mortimer Clarke is genuine (they are based in West Sussex)....

 

I also can't see any precribed terms on the document (although it is illegible and upside down !!)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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My personal details were posted by mistake!!

Edited by Yeats
My personal details were showing so had to delete them quick
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I'm a little wary of photobucket now!

I erased all my personal info. using one of the editing applications and when the message was posted nothing had been erased!

Panic.

I went back to photobucket and checked and it is showing no personal info on the copies that I saved.

The only alternative is to take a copy and then scrub the details out before downloading them to photobucket!

Anyone else had this trouble?

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What file format did you use?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Right, got it sorted now I hope.

 

Here is a copy of the default notice (front page).

They have omitted the last letter of my christian name. It is from Arrow, but from a London address.

How does it look?

 

The application form IS largely illegible and does not appear (as far as you can see) to have been signed.

 

The Statutory Demand has got the contact details for Richard Mathias on the 3rd page, so that seems a non starter.

 

I think I have accidentally removed the Application Form when I was panicking over the personal details, so shall post it back up later.

 

scan0008-1.jpg

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Saved them as jpegs. Maybe went wrong after erasing the details on photobucket I pressed to "save original" instead of "save a copy", but it was still showing the doctored copy when I continued, so I thought it was okay.

Nearly soiled myself when I saw my name, address etc. on the site and blind panic ensued until my partner sorted it.

God bless her.

yeats

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What do you think I should do next?

Send an SAR and see if I can get the Stat Demand set aside due to excess charges (17 days and counting).

Or maybe because of the dodgy, unsigned and illegible application Form.

Does it matter that the Letter of Assignation and the Default Notice were sent out by Arrow on the same day?

And what about the American address on the Stat Demand?

 

What should be the first thing I do?

yeats

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I would send a SAR out first, at least you will know where you stand....unfortunately it will cost you £10 !! send it recorded/guaranteed

 

Send this one to the original creditor

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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