Barbara1950 Old BC debt and Stat Demand

[barbara1950]

Not sure if Im doing this right! I have been having numerous letters from Lowell, Red and then Hamptons for an old Barclaycard Debt. They have now sent through the normal post a Statutory Demand and asking me to contact them to arrange payment or set up a payment plan. I have never acknowledged this debt to Lowell but did receive a letter from BArclaycard saying they had passed the debt on. They told me in October they were sending a SD but nothing every happened. This just came out of the blue. i am now a bit panicky about it all. Have been reading notes on here about what other people have been doing. I was just going to ring and offer something just to stop the SD or any possible Bankruptcy.!! What should I do help!! anyone

[barbara1950]

Can anyone help with info on the above! Ive read loads of information on here about them and the way they deal with people and debts. I now have had a Statutory Demand served on me, well posted, not actually served and its was 9 days late!. Panicking a bit now!! Ive ignored all letters and not spoken to anyone, as I was advised to do my a friend, but not sure if I have done the right thing!

Edited March 20, 2011 by barbara1950

[sir_gilmour]

Hi barbara1950

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[rebel11]

Hi barbara

 

Welcome to CAG

The guys will advise as soon as they are available. Your thread has been moved.

[silverfox1961]

Hi and welcome to CAG

 

Before any advice can be given, we need a bit more info.

 

Do you know anything about this debt?

Who was the original creditor?

Are you in a payment arrangement already?

[losing the plot]

lowells couldnt serve a fry up let alone a statutory demand worry not for the moment, but bit off info needed, who was the original creditor? how old is the debt? i ask this cause lowells red etc buy alot of debts that are actually statutory barred xx

Edited March 20, 2011 by losing the plot
spelling errors lol

[slick132]

Hi Barbara,

 

Post moved into Legal Issues forum in your own thread to avoid hijacking.

 

You should get some opinions here.

 

8-)

[barbara1950]

Thanks for the info. I was hoping it would go to court rather than a Statutory Demand, I dont want to be made Bankrupt. They say they have checked and as I own my own home this is what they will do! I have never spoken to anyone a Lowells ever. In fact I dont think they have ever rang and asked for anything. Just loads of letters with offers, then Red, then Hamptons, but this last letter looked a bit more frightening.!!

[barbara1950]

thanks for the reply. The debt was with Barclaycard and its showing as settled on my credit file and now Lowell are showing up as having the debt. I think I last paid anything to Barclaycard in September 2008. Nothing since. I have had the cards since about 1993, is that of any use to you?

[barbara1950]

thanks for the help. Yes I know of the debt, it was with Barclaycard and I last paid money to barclaycard around September 2008. They never took me to court, but eventually passed it to Lowells and then I have half a tree of paper from them and Red and Hamptons. I am no payment arrangement at all. I have never spoken to Lowell or acknowledged anything. I was advised to do it this way by someone who was going to help me with a DMP, cos that was his job! he promptly fleeced me and left me out to dry and sort out myself. So Im a bit angry at the mo, but got a bit worried about the letter from Hamptons with the SD. Any ideas please would be grateful.

[PGH7447]

Hi found you thread, first thing to di is to get the stat demand set-aside, and also send clownells a cca request for the agreement for this alledged debt.

 

Type in stat demand into the search engine at the top and have a good read of various threads on how to get a set aside

Edited March 20, 2011 by PGH7447
changed stat barred to demand

[PGH7447]

have a read of this thread, there is some good advice from 42man

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?294372-Moorhead-deliver-bankruptcy-order-by-hand-PETITION-DISMISSED/page2&highlight=statutary+demand

[barbara1950]

thanks for that. Still a bit worried, I suppose they just hope people respond and pay something, is it just a matter of staying power!!

[barbara1950]

Just a query if you could help please. I do owe this money to Barclaycard but its been ages now, but not six years. I put up with all the correspondence etc. I received a letter from Barclaycrd saying they had sold the debt, is this not enough. I cant see how I can set it aside as I owe the money. I am tempted just to ring them to agree a repayment, althought theres not much spare to give them so it will take ages. Can they alter the amount at any time if you have made an arrangement?

[PGH7447]

I understand but these chancers will have bought this for peanuts and will be demanding the full sum, so make em work for it, send off a cca request and get the stat demand set aside, or they may get it then go for a charging order on your house

[42man]

Barbara...I suggest that you spend some time reading around these forums. Lowells/Hamptons are serious about making people bankrupt, and they don't even have to stop proceedings if you are making a payment arrangement - I suggest first of all you send a CCA request to them AND Barclaycard as well as a SAR...do you know if there are some excessive charges on the account ? any PPI premiums ? - DO please read through here at other stat demand threads.... - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[barbara1950]

Just need to know why an outstanding barclaycard debt which was sold to lowells, quite soon, bc didnt take me to court, so I thought lowells would. they havent , just loads of letters, now been landed with a SD by post. I have rang them under duress, thought I would do the right thing and arrange a payment plan with them, as I do owe the money. Very pleasant!! wanted first 50% of balance upfront for them to consider a monthly payment plan. but in September last year, they offered the usual reduction and also offerring me £60 per month. Thought I would take them up on that, but they said it had gone too far. I only received SD on saturday gone. Any advice?

[patterns]

Next step, send guaranteed delivery (NOT recorded):

 

 

 

Claim:XXXX

 

XXX VS YYY

 

 

 

 

Dear XXX,

 

I have received the Statutory Demand sent by your Company or client. To enable me to file a defence I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil procedure

Rules, the information and documents detailed below. The information must be furnished by DATE, which gives you 14 days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been

any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e.

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next 14 days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence on this serious matter.

 

Yours Sincerly,

 

 

XXX.

[patterns]

Plus another letter, this time, send recorded:

 

"

 

Claim:XXXX

XXX VS YYY

 

Dear Mr X,

 

Please find enclosed a recent copy of a court order made against both parties to this action.

 

i request you send me a copy of your proposed directions, so that we can agree them if possible.

 

Yours Sincerly,

 

XXX.

[patterns]

hi barbara,

 

i know we've been following each others posts, ive been doing some research and thought these might help,

 

i cant post links as im new, but if you look for a '

'Getting Statutory Demand Set Aside' post on here you might find alot of answers

[cerberusalert]

Moved to Debt Collection Forum.