RED - Statutory Demand Processing Unit

[allenheard]

I have received a letter from RED about an old Abbey account from 2 and a half years ago, I don't want to avoid paying it but RED are very insistent and have threatened me with bankruptcy. Apparently I have (or had) 18 days to pay. I did call them to arrange to pay per month what I could afford and was told I had to pay it over months at £360 per month. Obviously I cant afford to pay it all and then they started asking loads of questions about what I earn what I pay etc. I did not feel comfortable talking to them as they were very pressurising and I cannot pay more than I offered but they insisted on hassling me on the phone (I rang them and did not give them my number).

I need to contact them in writing to do this properly and ensure they don't press for more than I can afford and also that they don't issue bankruptcy proceedings against me. What can I do? What are my options if any?

 

Thanks in advance

[ScabHunter]

What type of alleged account is this?

 

Bank account overdraft? Consumer loan? Credit Card?

 

It is vital we ascertain whether or not it is covered by the Consumer Credit Act 1974.

 

SH

[saintly_1]

Is what you received a Statutory Demand ?

When did you receive it ?

How did you receive it ?

As SH has asked what type of debt is it ?

 

 

Sorry for all the questions but we need to know more in order to offer the correct advice

 

saint

[allenheard]

Its an old current account which had an overdraft on it, I know for a fact there are charges that were applied when the account was active for unpaid dd's etc.

What I received was what seems to be a pre Statutory Demand as it states "following receipt of this document", I received it through the post about a week ago.

 

Thanks again

[saintly_1]

Is it a form 6.1 ?

[allenheard]

No I don't think so, this is what I got:-

 

http://i163.photobucket.com/albums/t304/allenheard/DSC00052.jpg

[saintly_1]

As bank accounts dont fall under the CCA's I would think the best course of action would be to SAR Abbey to ascertain what charges are on the account.

[allenheard]

Ok, how do I do this? Where do I send it? and what happens to RED in the meantime?

 

Thanks

[fiftypence]

When did you open the account?

 

There doesn't appear to be a need to panic over this, they are threatening to send you a stat demand, if and when they do you will have 18 days to respond. And how they 'serve' that stat demand will show how serious they are. Personal service is more serious than it being posted to you.

 

I had a stat demand sent to me by Connaught and a CCA request was enough for them to close the file. Only after looking through some old correspondence after the event did I realise it was an old overdraft they were chasing. If your account was opened a long time ago it may be worth sending a CCA request.

[allenheard]

I opened the account many years ago, probably 2002 ish. Looking at an earlier post would a CCA request not apply as it was a bank account and not a credit card?

 

Thanks

[saintly_1]

You send the SAR to Abbey

http://www.consumeractiongroup.co.uk/forum/abbey-bank/105208-abbey-contacts.html

 

the SAR can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[NailPost]

You should also ask Abbey when and why the account was passed to an external debt collector and when were you told aboutthis. You should also ask Abbey if they condone the actions of their chosen debt collector pointing out, as if they need reminding, that as they are responsible for the actions of their agents they will be equally liable for any complaints made to the statutory agencies. Ask for a copy oftheir complaints procedure.

[allenheard]

Great, and what happens to RED in the meantime and what is the overall point of this SAR? What happens next?

 

Thanks in advance

[allenheard]

So how do I tell RED that they will have to wait until the bank has replied ?