Good Afternoon me and my debts

[lowwill]

I need some more help please. Two letters arrived today, the first to which I shall relate is the most worrying the second when I've finished.

 

On the 20th I posted on here detail about letter from Mortimer Clarke Soliciotrs relating to a company called Phoenix Recoveries (UK) Ltd/Sarl-Marlin and Phoenix Recoveries (UK) Ltd /Sarl-Potomac Recoveries.

These are both referred to in today's letter. Basically it is entitles Statutory Demand under section 268(1)(a)of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately

it then goes on to relate to a DEMAND, from the creditor Phoenix Recoveries (UK)Ltd SArl-Potomac Recoveries from an address in Luxembourg.

The whole letter is in relation to one credit card debt.

I have already sent a CCA request to Marlin who have written back saying they cannot provide it and I then sent a copy of that letter with the Green & Co soicitors letter from this forum. This letter today seems to be the solicitors response. It goes on to list my options; Part A apply to a court to set aside within 18 days. It reinforces the fact that this is a statutory demand. The next sheet gives details of the debt. A) Incurred 12/10/2000

B) With whom ie Ban and to whom the debt was assigned.

C) Amount due £XXXXX

 

Need help please in how to respond.

[lowwill]

2nd letter I received with the one received in my previous post but from Lowell Group explains that they have had my "Green Solicitor" letter from this forum and that Lowell Portfolio 1 Ltd through it's agent Lowell Financial Ltd exerts a contractual right to process data relating to this debt following its purchase from LLoyds by Lowell Portfolio 1 Ltd. xyz xyz......In view of the fact we have been unable to provide you with a copy of the signed credit agreement within the stipulated time we confirm all collection activities relating to this account have been ceased.

Please be advised however, that we remain obliged to provide credit reference agencies with regular reports on the conduct of the above account. In view of the above we are currently unable to comply with your request to cease processing of the data held on the above account as we currently have no reason to believe this information is being held or processed incorrectly.

We trust this clarifies the current situation for you.

 

Is that it?

[hillards]

Is that it?

My personal view is that Lowell did not show that they had any legal ground on which to even contact you. They failed to provide any paperwork, by way of a CCA, to back this up, so should not - under the DPA - be processing your data. That should include maintaining reports to any CRA, which they were not entitled to do in the first place.

 

However, that is only my opinion. I am unsure as to what the actual law says, although I've no doubt someone will sort that out soon.

[underdog13]

I'n no expert, but without the agreement bearing your signature which gives permission for your data to be processed, how can they claim they have the right to report to the Credit Reference agencies?

 

There have been some cases where companies have had to pay thousands in compensation for inaccurate data records:D

[underdog13]

cross posting - sorry hillards; didn't see your post before submitting mine:)

[hillards]

I have already sent a CCA request to Marlin who have written back saying they cannot provide it...

So you're now 'bemused' as to why someone else is following this up - send them a 'bemused' letter based on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175840-halifax-problem.html#post1900426 and include a copy of the letter that Marlin sent, to back that up.

 

Typical - it's like pass the ruddy parcel somtimes, one DCA is sent packing so they tray to retaliate by doing a swap with one of their buddies - except that is rather naughty of them!

[hillards]

cross posting - sorry hillards; didn't see your post before submitting mine:)

Don't worry about it, better to have 2-3 responses than none.

 

It is a bit strange doing two different matters in one thread as well, but hey...!

[lowwill]

Hillards, I did send the solicitors a copy ofthe letter marlin sent me along with a copy of the 'Green' letter you suggested but now I do not know how to deal with this Statutory Demand from the same solicitors I mention above.

[underdog13]

With regards to the old game of pass the parcel between DCAs; I wonder if it could be deemed an unfair business practice (under the CPUT regs) to knowingly sell on an account that cannot be collected on due to lack of any agreement?

[hillards]

Hillards, I did send the solicitors a copy ofthe letter marlin sent me along with a copy of the 'Green' letter you suggested but now I do not know how to deal with this Statutory Demand from the same solicitors I mention above.

 

You've told them to get lost, they're not listening...!

 

There are people on here who know what they are doing with SD's, especially ones issued in dodgy circumstances like this. See if someone can advise you about applying for the matter to be struck out, set aside, or whatever the process is called.

[underdog13]

and ask for wasted costs when you do apply for set aside/struck out.

 

There are lots of threads on here relating to people who have achieved this - have a good read around the success forums:)

 

Easy to say, I know, but try not to worry; I think they are using this as a scare tactic to force you into paying up. You must defend it though. IMO they are guilty of an abuse of process.

[fedup74]

Hi lowwill can you pm 42man for assistance with the stat demand. If you don't get any help here soon press the red triangle to the left of your thread- this will alert the site team and you will get the appropiate help to set aside. They seem to be issuing SDs a lot and I would say this is an abuse of court process as they are aware they have no binding agreement. Try not to worry too much (easier said than done!!). You have excellent grounds for a set aside and costs IMO.

[lowwill]

Can you explain pm 42man please?

[ODC]

You must apply to your local court to have this SD Set Aside. You have 18 Days in which to apply to have it Set Aside. The reason for getting it Set Aside is because the alleged debt is in Serious Dispute because they have not complied with your CCA request. You should also apply for your costs. It costs nothing to have an SD set aside and its relatively simple to do.

 

I have sent a PM (Private Message) to 42 man and he will give you all the details on what to do

[lowwill]

ODC thank you I do appreciate it.

[ScabHunter]

Until 42man arrives on the scene, you might want to read this -

 

Legal Issues Explained - Statutory Demand

 

which is the official insolvency website. This will give you the background information on statutory demands.

 

Also, have a look at the court forms you will need to fill in. There is no charge for applying to have a statutory demand set aside.

 

Forms

 

These forms are for England and Wales. If you live in Scotland or Northern Ireland, get back to us.

 

Yours is a very similar case to many where these ridiculous statutory demands have been sent out, and you have a very genuine reason for disputing the entire amount of the alleged debt.

 

The other thing you might want to do in the coming days is try to contact the person named on the statutory demand. If you don't get put through to them, the demand is invalid, and this can be included on your court forms.

 

I will try to find some good threads for you to read where people have faced a very similar situation, and come out with a successful set aside with costs awarded.

 

SH

[lowwill]

The other thing you might want to do in the coming days is try to contact the person named on the statutory demand. If you don't get put through to them, the demand is invalid, and this can be included on your court forms.

 

This statement intrigues me, the named person is it would seem part of the Solicitors working with and for in the same building as the DCA.

[lowwill]

Not a very good night I'm afraid. For some reason this Statutory Demand is getting to me. Not felt like this since I first joined the forum. Just hopelessly out of my depth.

What do they say, there is nothing to fear but fear itself, well now I know.

[silverfox1961]

Morning Lowwill,

 

Sorry you're not happy.

This SD should be easy to get set aside. You have time to get it sorted so just hang on in there and help will be forthcoming.

If nothing happens, you could always start a new thread shouting help.

 

fox

[ScabHunter]

There is no need to be worried by statutory demands.

 

Are you a property owner? If so, do you have substantial equity in the property? Do you have a substantial income?

 

All of these questions are relevant to whether the issuer of the statutory demand has any real intention of following through to bankruptcy. Issuing a bankruptcy petition is not cheap - in the region of £1,000 - and if the creditor is going to lose control of the debt and get nothing in return, they will not petition for your bankruptcy.

 

The vast majority of statutory demands are issued frivolously as an abuse of the insolvency process, designed to frighten people into paying money they can ill afford to lose. The fact that this is so common proves its effectiveness.

 

The fact that this statutory demand was issued through the post instead of being properly served is another indication that they are not serious.

 

The set aside which you need to apply for should be granted if they have no paperwork to substantiate the alleged debt. If the alleged debt is subject to a duspute, as this one clearly is, you should have no trouble getting the set aside.

 

Occasionally, you will get a judge who is an idiot. That happens, and there is nothing you can do about it. In these cases, even the judges who are idiots will usually grant the set aside, they just refuse the costs order.

 

Sensible judges award costs as well, so you have every chance of getting some pay for your troubles.

 

Stop worrying, fight the by getting the SD set aside, and give yourself a chance of a nice cheque. If 42man doesn't arrive on the scene by tomorrow night, I'll see if I can dig up some info for you.

 

I do need to get this SD information saved to my database. It is one area of weakness I need to address.

 

SH

[lowwill]

SH thank you so much for your response. I am a home owner albeit jointly with my wife whom I am currently in the process of divorcing who still lives in it and hates me to pieces and I currently earn just over £7 per hour. A job I managed to get after 16 months unemployed. I've opened another thread as suggested by Silverfox1961 asking for guidance and explaining what I've done so far.

Edited January 31, 2009 by lowwill
Added information

[tronny]

hi lowwill it would appear that you and i are in the same boat albeit that you recieved your cca reply from marlin and i as yet have not. i recieved my mortimer clarke letter( the one stating marlin were considering stat demand) on the 17th jan. i cca'd marlin on the 20th they recieved my request on the 22nd after the postman was unable to obtain signature on the 21st. i recieved the second mortimer clarke letter yesterday which included the stat demand. as yet i have recieved nothing from marlin regarding my request for cca and the time limit is up on the 9th or 10th of feb but in the meantime i will have to apply to get my sd set aside on the basis that i have yet to recieve a copy of my signed cca from marlin and i have not recieved a notice of assignment from my oc notifying me of a change in dca as i was previously paying 40.00 pm to a previous solicitor every month without fail. im still unsure as to how to word my defence on the relevant form and the threat of court is scary as i like yourself have not been in this position before. my stat demand was sent by first class post and i have read on the insolvency website that this method can be a factor in the seriousness of the sd applicant ie threat only but still has to be considered as though the applicant was serious. just thougt id let you know others are in the same boat and feeling exactly as you do so u are not alone. regards tronny

[fiftypence]

You should also try and phone the person named on the SD (Andy Bartle probably) and make a note of all the times you have tried (and failed) and add that to your set aside, if you can't contact the person named it is reason for set aside. Mr Bartle thinks its beneath him to talk to debtors

 

If by some miraculous reason they put you through all you need to say is you have received the SD and you are preparing to have it set aside with costs, don't be drawn into any other conversation, in fact once you have said those words just hang up.

[lowwill]

Thank you both, the name on my S.D. is Richard Mathias. Your advice along with others is invaluable. Thank you

[tronny]

the same name as on mine