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help with cc debt and sd

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hi in dec 2003 i had several credit cards. one of which was a lloyds goldfish. i stopped paying them at that time and have not made any payments since. i owed £2785.76 on the lloyds goldfish card. i have had a letter from red debt collection services saying who the original creditor was and that the current creditor was lowell portfolio 1 and that the creditor had sent me a letter of assignment dated the 31/05/2005 and that the creditor had on more than 6 occasions requested payment by way of a lump sum or entering into affordable payments. it says if i wish to avoid a bankruptcy petition being presented against me i must pay the debt or come to an arrangement. it says i have 10 days from the date of the letter 22/11/2009 to agree payment or once 10 days has expired it is there intention to serve a statutuory demand under section 268 [1] [a] of the insolvenccy act 1986 debt for liquidated sum payable immediately and i will receive no further warnings. what should i do

ps the letter was sent to the flats where i live with the house number but no flat number

kind regards kenny

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hi in dec 2003 i had several credit cards. one of which was a lloyds goldfish. i stopped paying them at that time and have not made any payments since. i owed £2785.76 on the lloyds goldfish card. i have had a letter from red debt collection services saying who the original creditor was and that the current creditor was lowell portfolio 1 and that the creditor had sent me a letter of assignment dated the 31/05/2005 and that the creditor had on more than 6 occasions requested payment by way of a lump sum or entering into affordable payments. it says if i wish to avoid a bankruptcy petition being presented against me i must pay the debt or come to an arrangement. it says i have 10 days from the date of the letter 22/11/2009 to agree payment or once 10 days has expired it is there intention to serve a statutuory demand under section 268 [1] [a] of the insolvenccy act 1986 debt for liquidated sum payable immediately and i will receive no further warnings. what should i do

ps the letter was sent to the flats where i live with the house number but no flat number

kind regards kenny

 

You quote December 2003 as being the last time you made a payment orf acknowledgement against this debt, how sure of this are you?

 

If you are 100% certain then the debt is on the cusp of being statute barred.

 

If there has been no written acknowledgement or payment made against a debt for a period of six (6) years then the debt is deemed to be statute barred, once a debt is statute barred and the dca has been informed of this then there can be no enforcement action made against the debtg

 

There are many Debt Companies who buy statute barred debts in the hope of scaring a poor punter into making them a quick payment, it looks on the face of it like Red are acting out this role


Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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hi spamheed thanks for the reply. it was definately no later than the middle of dec and maybe even the end of nov. do you think i should ask for the cca agreement or send them a letter about the limitation act. when they sent me the letter it was sent to my address with the house no. but no flat no. and it also said the street name then liverpool blackpool liverpool being my old address. i am worried that if i ignore the letter they will send me a sd.

kind regards kenny

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This Is What I Would Do If You Are Worried

 

Send A Cca Request

That Will Take It To The Middle Of December, Then Its Statute Barred

 

If They Send An Sd, You Have 18 Days To Set Aside

 

By Then It Again Will Be Statute Barred

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Irrespective of what they send to you the debt will be statute barred within the next 4 weeks, so I would suggest sit tight and if you need to send them something then just send them the standard "prove it" letter (which can be found in the templates library), after that comes the CCA, then the Stat Barred letter (Which it will be by the time we get to that stage)

 

I appreciate that you might feel the urge to phone them or rebut their claims, but try to see them as awkward children and gear your responses appropriately

 

They are most certainbly trying it on, an SD is nothing more than a piece of paper which they can print off and send to you for free, making you bankrupt would cost them quite a bit of money for no return, so I would doubt very much that this is anything more than a scare tactic to frighten you into responding.

 

Standard rules of engagement apply, don't phone them, and give them no information whatsoever, they are claiming that you owe them money, so they are legally obliged to substantiate their claims.


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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hi postggj thanks for the reply i will do that on thinking back. at the time i stopped paying i was just splitting up with my x girlfreind. i met some women on the internet before i met my present partner on the 19-12-03. so it could have actually been oct or sept. anyway i will send them the request for the cca. and if they do send a sd i will send them the limitation letter. do you agree with this thanks again

kind regards kenny

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hi spamheed thanks for your reply i appreciate you taking the time to do so i will do as you say tomorrow.

kind regards kenny

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