Hampton Legal hand deliver a statutory demand

[lizzylizzy]

Hi I am new here, Had a really bad week, I had Hampton Legal hand deliver a statutory demand for a debt to barclaycard in 2004 for £855.51, I have never had a barclaycard and rang and explained this to them and no one would listen, I was then delivered by hand a Creditor's Bankruptcy petition to be in court on the 12/10/10, I sent several more letters claiming never to have owed a credit card and also rang a dozen times to speak to puppets, in the end on 11.10.10 my husband rang again and was told that I would have to pay £1812. 32 which included the barclaycard also now a capital one card and court costs otherwise I would have to go to court and would no doubt lose my home, my dad as ended up paying the £1812. 23 in full on his credit card, I wish I had seem this forum before, is there anything I can do now to try and get the money repaid as they are saying as I have paid the debt I am now owing up to the debt, I have checked my credit rating and no Barclaycard account is showing up on there, can anyone help me please?????

[debt4get]

i am a little confused lilly...why on earth didnt you just go to court? if you genuinely didnt owe the money and i have no reason to believe you did...why did you pay them? i am not too sure where you can go from here....you are certainly gonna have to get all the paperwork from them and find out who has taken a card out and when and where it was used...if it is in your name then you could have a case for fraud...i am still totally bemused as to why you parted with a penny to these scumb*gs.....getting your money back is not an impossibility as you say in your posting you know nothing of the debt....

[lizzylizzy]

i am a little confused lilly...why on earth didnt you just go to court? if you genuinely didnt owe the money and i have no reason to believe you did...why did you pay them? i am not too sure where you can go from here....you are certainly gonna have to get all the paperwork from them and find out who has taken a card out and when and where it was used...if it is in your name then you could have a case for fraud...i am still totally bemused as to why you parted with a penny to these scumb*gs.....getting your money back is not an impossibility as you say in your posting you know nothing of the debt....

 

I was so scared of losing my home that I pay the debt, I have checked my credit report and they is nothing on there for barclaycard, my husband as just rung Hampton legal and they are going to send agreement paperwork for barclaycard so this will be interesting, I am not going to let this go now, I am so upset that scumb*bags can do this to people

[debt4get]

i understand that you were scared...but you have in fact been mugged...almost as badly as if someone had come up to you in the street and grabbed your money off you....it is a shame you didnt go to the court hearing...as they would have had to have produced the paperwork there and you most certainly would not have lost your home.....in future make sure that you never ring these people and deal only with them by letter...this will give you a papertrail not a load of verbal threats from a phone monkey....when you have the paperwork give a shout on the forum and everyone here will be glad to help....there is no reason why you should not be able to retrieve your money and get compensation to boot....your best bet would be to SAR these gits and get all the paperwork that they have on you.....you will need to do this for both accounts

[cat26]

Hi lizzylizzy ,, you should start your own thread , some one will come and advise you soon , sorry wish i could help but one thing i do know , you must never talk to them on the phone as they will bully you and push ... hope your ok ........... love cat xxx

[cerberusalert]

Posts moved & new thread created

[babybear39]

Subscribing...

[sam614]

:mad2:FFS lowlifes again.

 

terrified of losing her home and father payed this in full.

father is 81 years old:!:

 

hope op returns.

[lizzylizzy]

Could anyone give me advice on what steps I need to do now please

[sam614]

Hi.

can you take us through from the beginning.

 

what letters you recieved and sent/calls made etc.

 

The SD was for a barclay card.which you denied ever having.

 

And then THEY ADDED another alledged debt (capital one).

 

Is this correct,your father payed both these amounts in full,and you never had ANY of these cards?

Edited October 15, 2010 by sam614
can not spell

[lizzylizzy]

Right I started to get letters and phone calls about a outstanding debt to Barclaycard from Lowell first after letting them a dozen times that the debt was not mine and sending several letters I still got calls and letters, then on a friday afternoon I was in the garden when a chap turned up got out of his car and asked if I was Mrs E Dunn I said yes and he told me he was there to hand me a statutory demand for a barclaycard debt, I told him I have never had a barclaycard and the debt was not mine so he throw the letter at me and got in his car and drove off, I then write to Hampton Legal again explaining this debt was not mine, I then had a letter giving me a last chance to pay by either installments or 20% off the debt in all the letters it never mentioned capital one, I then had a chap turn up at my door with the courts summons and the date of court 12/10/10 I told him also that the debt was not mine and he said that he had several people with the same problem over the last couple of weeks and for me to write again to Hampton Legal and tell them to stop the court hearing which i did, as we never nothing from them my husband rang them on the 11/10/10 and was told that the balance was now £1832. 21 which included £855.51 Barclaycard £532. 00 Capital One and £444.60 court costs to stop the court hearing the next day, I was told I would be made bankrupt if I want to court and I would lose my house and car, I was worried sick and in the end my father who is 80 paid the debt in full on tuesday morning then I was told again by Mr G Danby that he had found two more debts in my name and they would be chasing them in the future, I told him he could whistle for these debts and I was disgusted in the way I have been treated, I checked my credit report yesterday and found no sign of any Barclaycard on there, there is a default from Lowell for £532. 00 which might be the capital one debt but no sign of Barclaycard, my husband rang Hampton Legal yesterday afternoon and demanded copies of credit agreements for both debts and we wanted to know how they could chase me for a debt which does not show on my credit report and cause so much upset, what is the best way to try and recover the money from Hampton Legal now, any help would be wonderful

[lizzylizzy]

Just checked my credit rating again and surprise surprise to default entries from Lowell Portolio for I think mobile phone contracts one defaulted 01/12/06 for £293. 00 and the other one defaulted 01/01/07 for £500.00, I think because i have paid the other debts they think I am a easy target now :mad2:I am going to wait for the debt letter to come and then ask for a SAP, is that the right thing to do, I don't think they have brought the debt as when I spoke to Graeme Dandy on the 12/10/10 he did say he had found 2 other debts and then all of a studden two new defaults show on my credit rating account, I did have a couple of contracts with t-mobile but the accounts were in dispute and the balances were nothing like the ones on my credit rating so I asume that a lot of charges have been added, what is the best thing to deal with these, Hampton Legal are not having any more money out of me

[debt4get]

this unfortunately highlights the problems when you start checking your credit rating it immediately flags up and dca's then tend to start crawling out of the woodwork, as these two latest alleged debts are for mobile phones these do not come under the consumer credit act....if they do send any threatening letters send them the following...

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to (xxxxxxxxx).

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

[debt4get]

as to your previous problem regarding the dca threatening bankruptcy.....bankruptcy can only be filed if the debt is over 750 quid....and it then also costs the dca and extra 1000 quid to go through the proceedings so on the amount you were alleged to owe they would not have made you bankrupt as it would have cost them money...it was a threat nothing more and nothing less...however..if you do not know this then i understand it can be very intimidating and frightening, as i said previously you would have been better off attending the hearing ...that said you now need to get your own money back that you have paid, providing you know for certain that these alleged debts are not yours.....you first need to complain in very strong terms to the OFT....access the website and make complaint...you then need to write to hamptons explaining that these debts are not yours, have never been yours and no court proceedings should ever have been initiated and give them 14 days to refund your money or you will be issuing a county court claim form N1 against them...NEVER EVER speak or phone these people, never ever ring them and if they ring you REFUSE to speak to them....you must do and get everything in writing...this is important as if it does come to court you have a paper trail..not a he said/she said scenario....let us know when you get the documents you have requested with the signatures on etc.....and we will draft a letter for you to send to hamptons....

[lizzylizzy]

Thanks debt4get for your advice, what do you mean these documents do not come under consumer credit act? what can they chase for and adding these two debts up comes over the £750. 00 again so could they try and send me to court over these debts? I just want to make sure I am waiting for them this time

[debt4get]

sorry to confuse you....mobile phone contracts do not come under the consumer credit act...credit cards such as barclaycard and capital one do...so you will need to send for the documentation for them that is the consumer credit agreement that you allegedly signed in order to get the cards..they should also supply you with all the transactions that have taken place with those cards as they are the ones that have just taken the money off you...if they chase you for the mobile phones as in your post above..send the letter i have given you..this asks them to prove that you owe the debt...right they cannot add the 2 debts together to make it more than 750...as they are for two different creditors...also 400 quid to stop a court hearing was nothing more or less than a lie..it costs them nothing to issue a statutory demand, also they could not add these two debts together in order to make you bankrupts again they were for two different debts...you have been sold a lie, and unfortunately you fell into their trap....the only thing they can do is issue a county court summons for those...but it would be extremely unlikely as now you have found you way here it is fairly easy to tie them in knots by asking for the correct paperwork which they normally do not possess

[lizzylizzy]

Thanks for all your advice, it's been a great help, i am ready and waiting for them now, I just can't believe they can take over debts when most of the time they have not brought them off the last company, this must be fraud!!, I am so glad I have found this site

[lizzylizzy]

Hi, just to let you know position so far, I sent recorded delivery letter to Hampton Legal requesting a SAR the 12 days were up yesterday I have received a letter today saying they are investigating and will get back to me!!!, I have also received a receipt from them but only for the balances of the credit cards and not for the court costs, also received a letter from Kidderminster County Court claiming case closed as not enough evidence, where do I go from here, I need to try and recover the money back but want to make sure I am doing it properly

[Deb T]

Other than the excellent advice you're being given in here and going on what you have said so far I think you need some professional legal advice with regards to taking

action against Hampton's.

[bsj]

Hi, just to let you know position so far, I sent recorded delivery letter to Hampton Legal requesting a SAR the 12 days were up yesterday I have received a letter today saying they are investigating and will get back to me!!!, I have also received a receipt from them but only for the balances of the credit cards and not for the court costs, also received a letter from Kidderminster County Court claiming case closed as not enough evidence, where do I go from here, I need to try and recover the money back but want to make sure I am doing it properly

 

CCA is 12+2 days.

 

SAR is 40 days.