Lowell/Hamptons Statutory demand - old EGG debt *** WON + COSTS *** 2 years later - SD Issued again !!

[vinegarvera]

Hi, I wonder if anyone can help at all??

I seem to have got in a bit of a mess!!

 

I have received a letter through the post today dated 5th Nov from a company called probe investigations to say they are visiting me to issue a statutory demand early next week. The problem is there is no other details on the letter, it is not on headed paper and there is no signature.

 

They are saying if I am not there (which I wont be because I work full time). They will apply to the court for a substituted service of the said stautory demand by advertisement in the press or insertion through my letterbox (which I dont have)) PLEASE HELP??!!

[vinegarvera]

I should add this was sent second class post and arrived today dated yesterday.

[vinegarvera]

Also, when i look on their website it looks like a private detectives site??? Why would any debt collector use a private detective site? I am not hard to find and have never committed any crime please please help...

[vinegarvera]

Apologies if this is in the wrong place but can anyone help please?

[dx100uk]

it could be to do with any one of the debts related to the threads you already have.

 

sounds like a load of hot air to me.

 

dx

[vinegarvera]

thanks dx! Do you think the fact it has come from an investigations company rather than a dca is relevent? That is what has really freaked me out... I can deal with DCA's but private investigators???

[dx100uk]

prob just a tracing agent role.

 

dx

[exasperated]

Hi,

I agree that it is probably hot air but don't know what DX thinks but wouldn't this matter be better dealt with in the legal forum. After all if on the off chance their is something 'real' about this letter a SD is a legal matter and those who are in a position to help you will be looking on in their

Exasp

[dx100uk]

well hit the red traingle and ask for it to be moved.

[cerberusalert]

Moved to Legal Forum

[mandyjayne]

Hi VV

 

Mine was delivered by an investigations company also...they will turn up knock at the door if you dont answer they will put it through your letterbox, if you dont have one then.....not sure!

 

They knocked at 10 pm at my house hubby told them to p*** off in no uncertain terms then they sent me a letter saying they would call in 2 days time at 9pm they did, and put it through the door.

 

A SD should be taken seriously...although there are many things that have to comply on the actual SD to make it the "real deal" if you like...

 

For one it must have the name of your NEAREST county court that deals with bankruptcy, it also must have a contact number of someone you can call, and it must be that person that answers, on it also.

 

Then you must try and get it set aside...with help from these guys, you will be able to do that im sure.

 

hope this helps VV until the troops arrive, heres a link to my thread, the SD bit starts a few pages in so have taken it from there for you...it may help....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

 

cheers MJ:)

Edited November 8, 2009 by mandyjayne
add on

[martin g]

Good Morning,

To serve a valid SD the server must hold a consumer credit license, without this he is committing an offence.

There was a thread running about this situation the authorities got involved, possibly someone can find this for you. I think it was a link or 1st Credit SD.

My point is that a company/ individual that can't knock up a letterhead on a computer is unlikely to hold a CCL If this is the case, you have an immediate ground for set aside and the chance to involve the DCA chasing you with both the police and regulators which may give you extra leverage.

 

Martin g

[shakesville]

Edit

Edited November 10, 2009 by shakesville
Wrong place

[shakesville]

Edit

Edited November 10, 2009 by shakesville
Wrong place

[exasperated]

Thanks for all the help everyone!! Will see what happens tomorrow and who the SD is from. I will post up when I get more info.

 

 

XX

 

Hi SV,

Was this post supposed to be on this thread?

Exasp

[vinegarvera]

OK, have received the Statutory Demand today (pushed under door), It has come from Hamptons acting on behalf of Lowells acting on behalf of Egg for a credit card (I think) dated 02/11/09 telling me that if I do not deal within 21 days I may be made bankrupt

 

It tells me that I need to apply for a set aside or pay up!

 

I will try to find details on previous threads regarding the CCA for the CC

[vinegarvera]

Here is a link to the thread that has the CCA copies on:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/101887-cca-egg-ok-8.html

 

Do you think I have grounds for a set aside and if so how do I go about it?

[mandyjayne]

ok vera me and you together here dealing with the same people...and a SD...

 

Egg/hamptons/lowells.

 

back after dinner!!

 

mj:)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

[vinegarvera]

ok vera me and you together here dealing with the same people...and a SD...

 

Egg/hamptons/lowells.

 

back after dinner!!

 

mj:)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

 

 

 

Nice too know I am not on my own... ha ha.

 

I am reading through a few threads re set aside and have downloaded the forms 6.4 and 6.5 but am struggling with a reason and the wording for set aside on form 6.5.

 

There seems to be conflicting opinions on the validity of the CCA.

[lilly white]

there is not now.

 

i am getting fed up of these dca going for gold so i would not give them a hope.

 

they know very well that all consumer credit agreedments will need a court order to enforce in some way or another they hope that you will not defend.

 

so have a read have a look at the defence posted

 

ttp://www.consumeractiongroup.co.uk/forum/general/204926-just-back-court-3.html#post2325124

[lilly white]

there is not now.

 

i am getting fed up of these dca going for gold so i would not give them a hope.

 

they know very well that all consumer credit agreedments will need a court order to enforce in some way or another they hope that you will not defend.

 

so have a read have a look at the defence posted

 

 

http://www.consumeractiongroup.co.uk/forum/general/204926-just-back-court-3.html#post2325124

[mandyjayne]

V dont just rely on the CCA, did you receive a default notice, notice of assignment, termination notice.

 

Sorry if im going over old ground here with yours but have you CCA'd lowell and SAR Egg.

 

Check out your actual SD to see if it meets the requirements, have a look back on my thread what 42man told me to look for..nearest court etc

 

also look at what i put on my 6.4 and 6.5 reasons for set aside its possibly very similar!!

back soon x

[vinegarvera]

I havent cca'd Lowell I sent the request to Egg a few years ago (I think) but I have'nt SAR'd them. Will do that asap, I am concious about losing time while I do this, Can I still apply for set aside while I do this??

I have received a default notice but no notice of assignment. In fact i think this is the third DCA to have asked me for money...

Going to dig out all my old stuff now, planning to go to the court on Thursday as I work pretty nearby, do I need an appointment?

 

Sorry if I am asking questions already answered - I have read so many threads this evening they are all starting to merge....

[lilly white]

.

 

they have issued a SD SO THEY HAVE TO PROVE A LOT OF THINGS NOT YOU BUT THEM.

 

WHY HELP THEM

 

In order to prove its claim the Claimant must establish a number of matters.

 

Firstly that there was an agreement between myself and XXXXXXX

 

secondly that such an agreement complied with the requirements of The Act (and all consequential regulations made thereunder) both at the date of inception and at all times thereafter

 

. Thirdly it must establish that XXXXXXXXX complied with all of the provisions of the Consumer Credit Act 1974 (“the Act”) in that it must show that it served a proper default notice upon myself prior to terminating the agreement and prior to commencing proceedings.

 

 

Fourthly, if the Claimant was not XXXXXXXXXX then it must establish that there was an “absolute assignment by writing under the hand of the assignor” (S136 (1) Law of Property Act 1925).

 

 

Fifthly that proper notice of any such assignment was given to the Defendant (S196 Law of Property Act 1925.

 

 

Finally it must establish that the sums claimed are lawfully owing both at the date of the alleged assignment and at all other times.

 

[mandyjayne]

Hi V..

 

you can CCA and SAR whilst doing the 6.4/5 i did.

 

No you dont need an appointment but you have to swear your docs in, make sure you ask for a receipt.

 

Take 3 sets one for you one for court one for lowlife.

 

I will go back to my defence that 42man helped me with and put on here for you.

 

MJ:)