Hamptons Legal - hand delivered SD - they have lumped two brought CC debts together - help

[Borncrazy]

Hi

Received stat demand threatening bankruptcy,eating first born etc,

delivered by hand for two seperate credit card debts,

 

okay regardless of morality and fact they no doubt paid 50quid for them,they now want 3grand.

 

Letter states we WILL(they did upppercase)accept reasonable offer of payment whether it be full payment(how kind)or installments.

 

When i ring them i'm told i have two options,

One.Cough up or

Two,35% of balance now and payments over 6 months maximum.

these figure apparemtly "written in stone".

I asked the guy on phone whether his employers have ever looked up the term "offer"?,

as i had just recieved an instruction of what they want.

 

Explained situation,

single parent,

carer on income support(like they give a rats),

got me know where of course.

 

Thing that bugs me is the balances on accounts are 1800 & 1200 respectively,

yet i must get 3 grand total to below £750 mucho fast,

or me and blind son are out

(homeowner,thus easy target).

 

If they are seperate accounts,why cant i get EACH accout to below £750?,then they would be screwed.

 

Rang consumer credit counselling service and was told the are allowed to lump them together as one account as its now their account,err i didnt set up an account with them!.

 

Even rang insolvency helpline and was told the same,

so whats to stop ANY dca trawling reference agency sites

seein Joe blogs owing X Y Z ,say £400,500.£600,buying them up nice and cheap then lumping them together and bankrupting them?

 

Is this correct?,if it is Lord help us when Hamptons take more staff on!

[dx100uk]

no its not correct

 

they cannot lump them together.

 

dx

[dx100uk]

can we also clarify

 

did you get one or two sd's?

 

dx

[Borncrazy]

Hi

Sorry wasn't clear on that,one stat demand showing both accounts,with overall total.

And the total is what they demand.

[dx100uk]

then thats def not on

 

the troops will be here in the morning

 

but have a read around you might find the threads detailing about this by searching for statutory demand or capquest sd or sd. using advanced search. top right

 

dx

[dx100uk]

i've moved this thread to the legal forum

 

have a look there

dx

[Borncrazy]

Thank you so much,will look where you recommended

[42man]

As they have delivered it by hand, then you should take it that they are being serious....first thing to do is to send off for a request of your agreements by way of a CCA request....do you know whether there are any excessive charges ? any PPI that has been added ? any notices of assignment ? can you remember when you last made any payment towards the debt ? i.e. debt may be statute barred ?

 

Can you type up the particulars of the claim here - (but leave out specific dates, amounts, account numbers etc)

[Gaston Grimsdyke]

Provided the creditor and debtor are one and the same, then debts can be combined into one statutory demand or court claim. Obviously assuming proper assignment etc has taken place. So you would have to get whole debt below £750, and if they have got as far as issuing a petition even that wouldn't work (you'd have to clear the whole debt). However, bankrupting someone is very expensive - well over 1K - so it would be highly unlikely they'd do it for a debt of 3K. Still less likely they'd go round picking up debts of £200 or £300 just to get a total debt in excess of £750. In your case, if you are a property owner with equity bankruptcy is not the best option, they ought to be going for a charging order. Sure a trustee in bankruptcy could force a sale of the house but a) it would take about 3 years and b) they would not get any priority and would just share with all your other creditors in the equity. For these reasons I doubt they have any intention of bankrupting you, but just want to get you running scared.