HELP!! Hamptons Legal

[jonthegooner]

Hi i am in real need of some sound advice here,i will quickly outline my problem,

In March i received a Statutory Demand from Hamptons Legal for a debt that was over 6 years old (nearly 10).After taking advice from the CAB and reading many threads on this great forum i decided to have the Stat Demand set aside at my local court,the set aside hearing date is 21 June 2011.

Today (17/6/11) i recieved a statement of the credit card debt from Hamptons, The debt runs unpaid from 1999 to now, but according to Hamptons i started a standing order of £30 that ran from 27/05/2004 to 09/07/2005.

This is a total fabrication i never set up a standing order from my bank for this debt,what are Hamptons playing at?

I have orderd bank statements to cover this period but i am not confident i will receive these in time for my court date,are Hamptons trying to scare me into contacting them?

In the letter i recieved from them they said i had requested this statement, again a fabrication,How handy(for them) the standing order stopped being paid on the 9/07/2005 so it would not be statute barred by a week !!!!what should i do now??? HELP thanks Jon:smile:

[padja]

go back to CAB ASAP and tell your bank of the urgency, I dont know if you can get the court adjourned for a 2 week period thats why I suggest getting bck in touch with CAB, I personally think its a fabrication to get you to enter an agreement as they are fully aware the debt is statue barred. was it in original court papers of evidence of the debt? it seems as if they arent using it in court and know they will probably lose so want you to enter an agreement before. I'm sure better advice will come along soon as to what to do.

[ims21]

Hi Jon

 

If you are sure you didn't make these payments then they are trying to scare you into contacting and paying. It is not unknown that dcas fabricate payments to get you to acknowldege the debt and re-set the SB clock.

 

They must now prove that you have made these payments. The burden of such proof is on them, not you.

 

There's a letter in the library you can send to them about proving it.....the link to the library is at the top of every CAG page. Make sure you head the letter "I do not acknowledge any debt to your company"

 

ims

[alfwithhair]

Are the payments they claim to have been made by S/O showing on the credit card statement they have sent?

Is it copy statements from the card company are something they have knock up on the amstrad?

 

I don't know if you are aware Hampton Legal is just Lowells and so is Red all the same company just next desk along the office

 

Who had this debt between 27/05/2004 to 09/07/2005 certainly wouldn't have been Lowells, too long ago,

 

I think as said before they are trying to intimidate you into contact to agree settlement as they have no chance of success in court

[jonthegooner]

Hi thanks for the quick replys, The statements that they have sent me are something i could have knocked up on my pc in half an hour, there is no evidence of them coming from the credit card company ,Also the debt does not show up on my credit file (experian) so i guessing is not active!

It dosen't look proffesional at all,this is what the covering letter says:

Dear Mr. ........

 

Please find enclosed a copy of statement as requested.

 

We are still awaiting the copy of Agreement from the client; this will be sent to you once recieved.

 

Please do not hesitate to contact us if you have any further queries.

 

We accept payments via debit and credit cards by calling the number above.

 

yours faithfully

 

G***me D**by

Litigation Manager

 

As i said i think its a last ditch attempt to get me to contact them and pay!

Im in court Tuesday so i have no time to go to the CAB but i will phone them on Monday and see what their take on this is.

My personal view is that these guys are nasty edited who will do anything to get you to pay the debt that they purchased!

Edited June 17, 2011 by IdaInFife
please do not try to bypass swear filter

[harrassed senior]

I am going to notify the site team as your Court date is so close and they will give you more structured help. Good Luck

[PGH7447]

Interesting, I would try and get the statements from the bank, but also go to the court hearing and state to the judge that you dispute this last minute evidence and would like time to collect confirm or deny this information but with the limited time they have given you you are still waiting a response to your rquest from the bank.

[jonthegooner]

Interesting, I would try and get the statements from the bank, but also go to the court hearing and state to the judge that you dispute this last minute evidence and would like time to collect confirm or deny this information but with the limited time they have given you you are still waiting a response to your rquest from the bank.

Thanks i will do that,i am not sure hamptons will even show up at court.

[padja]

I think they have no intention of showing up, and this is their last chance salon, its amazing how fraudulent these companies can be to get a payment, Imagine Joe Public doing the same we would be arrested PDQ. I'm sure by monday advice will be so good come 21st Hamptons will be terrified.

[PGH7447]

if they dont turn up, then normally case over and I would also tell the judge that you have taken time off work etc to be there and what about some recompense

[jonthegooner]

Any advice for me for my day in court i'm a complete noob at this kind of thing so i'm abit nervous to say the least!

[Tingy]

I haven't read it personally, but it may help you.

 

http://www.courtroomadvice.co.uk/PreparingForCourtCategory.html

[jonthegooner]

Ok so an update.I was in court today Hamptons did have legal representation but he was not aware of any of the facts of the case he had to look at my court paperwork what a joke! Anyway he put his case forward that is was not statuate barred because of the alleged payment i had made in 2005 telling the judge he was waiting for a faxed witness statement from llowel all he got was the same hashed up document i was sent on friday any how the judge has adjurned it until August giving me time to get me bank statements together,at the end he warned their brief to tell his client that he would do them for wasting court time he was not best pleased! so i now have to wait until August to present my case to him.Should i ask hamptons in writing for a copy of the credit agreement too?

Edited June 21, 2011 by jonthegooner

[PGH7447]

Yep get a cca request in to these fools, and get a sar to the OC for your statements, now you know what you are up against - they were hoping you did not show so would get a stat demand by default

[jonthegooner]

Yep get a cca request in to these fools, and get a sar to the OC for your statements, now you know what you are up against - they were hoping you did not show so would get a stat demand by default

the thing is they are saying i paid by standing order, for that to happen i would of had to of set that up with my bank,i know i didn't what the hell are Hamptons up too?

[PGH7447]

clutching at straws, if it was a standing order then there is a paper trail, get onto your bank and ask for all standing orders for the last x years

[jonthegooner]

thats what i intend to do,these guys are clowns but what worries me is they have outlayed money now in the pursuit of this debt,they wont give in lightly and i dont trust them!

[PGH7447]

They have outlaid not a lot in the grand scheme of things, put it this way when you go to court in August and nothing new is show, they will be outlaying even more when you hit them for expenses incurred

[Tootles1971]

If the case is being adjourned until August, isn't it then absolutely statute barred even with their suggested payments by standing order? (or am i missing something?)

[PGH7447]

Your possibly right, but I think that it being refered to court due to them saying a payment was made on date, then that puts a different light on it, need a legal expert to explain the ramifications of dates and court processes

[Tootles1971]

They are saying the last "payment" was made on 9/7/2005, so by August that would be over 6 years......I am no expert at all! Just a passing observer

 

As my hubby points out to me, the moral argument does not actually hold weight in court, so what I think is "right" may not be "legally right" if you know what i mean ;-)

[PGH7447]

No I think your right, but as stated I think because the legal process has started that overrides the end date - hopefully I am wrong and someone can say otherwise, either case it wont harm to gather the evidence

[bdcarr]

Easy fix is to call your bank and ask them if a standing order was ever set up paying the debt or Lowells. If they confirm it was, ask them to confirm when the last payment was made, they can also send a copy of the Standing order instruction if it was set up.

[jonthegooner]

Easy fix is to call your bank and ask them if a standing order was ever set up paying the debt or Lowells. If they confirm it was, ask them to confirm when the last payment was made, they can also send a copy of the Standing order instruction if it was set up.

I have got statements coming and will be asking for my bank to send me standing order info for the period in question, but i one thing i do know is i have never had any contact with llowel i have never acknowleged their calls or their letters let alone setup a standing order!

[jonthegooner]

an up date on my case it went to court today AND I WON happy days:wink: