Letter referring to a statutory demand from Hamptons/Lowell - confused

[dibdob59]

Hi

 

I am very confused as I have just received a letter in the mail from Hamptons Legal on behalf of Lowell Fiinancial Limited (for Lowell Portfolio 1 Ltd).

 

This letter refers to a statutory demand that they state I have previously been served with.

This is not correct,

I have never been served with any such document.

 

This letter states I am at risk of being made bankrupt as I have not paid them or contacted them to agree a suitable payment arrangement within the 21 days after having being served.

 

However, I do not know what statutory demand this letter is referring to.

 

It has a printed signature at the end supposedly from a Graeme Danby, Litigation Manager and states:

 

 

"in order to avoid us submitting a Bankruptcy Petition to the Court, we would be prepared to accept the following payment solutions:

• a discounted settlement of 20%, if you pay xxxx in the next 14 days and we will close your account and update your credit file to reflect this, or
  
• pay xxxx in the next 14 days followed by monthly instalments of xxx per month until the debt is repaid
  

If you fail to resolve this matter we will shortly petition for your bankruptcy."

 

I have checked my credit file and there is nothing showing on it and I am now very worried as to what I should do.

 

Can anyone help with advice please as I am extremely worried about this and have never been in this situation before.

 

Many thanks

[dx100uk]

99% of the time anyone offering a 'discount' know full well

there is never any chance of a court case succeeding.

 

it will be

 

the debt is Statute Barred

or

it mainly unlawful PENALTY charges or PPI

or

there are no enforceable documents in existance.

 

An SD has to be served in PERSON.

 

hand to hand.

 

Lowlife are sadly sending out SD's like confetti at present.

 

but the bottom line is it should NEVER be used as a debt collection tool.

 

dx

[dibdob59]

Hi dx

 

Thanks for your reply.

 

However I am very worried as all the messages that I have read on the CAG forums state you should never ignore a statutory demand and that Lowell are notorious at present for bankrupting people and using statutory demands as a debt collection tool. There are several stories on here of people who have been made bankrupt by Lowell/Hamptons without knowing it!

 

The letter repeatedly states they "will" petition for bankruptcy not that they "may".

 

Thanks

[MARTIN3030]

Will move your thread to legal forums.

[dx100uk]

the troops will be here in the morning

 

they just cant decide to do that when there is no sight of an SD.

 

IMHO it cannot be ignored no - but what can they do....nothing really

 

you'll get a court letter etc first

then defend with no SD ever seen i suspect.

 

have you no idea what the debt is about?

 

if as you say you're CRA is clean then its a mystery till you get some actual paperwork

rather than a threat-o-gram.

 

 

dx

[citizenB]

dibdob, are you able to scan the letter in, please? Remove any personal information first.

 

Instructions to make things easier are below.

 

You are correct, you should NOT ignore a stat demand. Although you can get a bankruptcy annulled if it was obtained in error or deceit it is very troublesome to do so. If we can see exactly what it says on the letter we can probably try to make sense of it for you.

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[asokn]

I would contact the writer and ask for a copy of the demand, you can then see which court you need to apply to in order to have it set aside.

 

It does seem strange that they've sent this letter at all as the whole point of the demand is to demand payment, to follow that up with a letter chasing payment seems like duplication.

[dibdob59]

Hi and thanks to anyone who has replied.

 

I have been up all night worrying about this and what the debt is.

 

I did have some money problems many years ago which occurred after a major house fire in 2003. The fire took everything I owned(together with the life of my much loved dog) and I was left in the clothes I was wearing.

 

This was followed by a 20 month period of living in different hotels and rented accommodation until my house was rebuilt and a long fight with the insurancecompany who took 7 years to make settlement. I also had an extended period of illness probably caused by the shock and stress of the situation.

 

As a result of this I fell behind in payments with some accounts and letters were not getting to me because of my moving around. Some companies were understanding but a few were not and added charges/failed to respond to my letters which explained my situation. I know at least 2 were handed to DCAs but I have heard nothing for years and these no longer appear on my credit file.

 

I have had no CCJs.

 

And now I have received this letter.

 

Hi CitizenB

 

Unfortunately I do not have a scanner but can type the letter and post that.

I have not posted before so not sure how to create a word document and insert it but will use your instructions above and give it go.

 

Thanks for your help

[citizenB]

If you have any problems.. just shout and someone will hear and help.

 

So you dont even know what this debt is for ?

 

Have you had a look at your credit reference files ? Oops.. I see that you have had a look..

[dibdob59]

Hi

 

I have typed and uploaded a copy of the letter received above.

 

I hope this works and would appreciate any help or guidance.

 

Just to add that the letter states that if I pay, then Lowell will update my credit file to reflect this debt has been settled.

 

 

However there is no debt showing on my credit file for them to update?

lowell letter.pdf

[BRIGADIER2JCS]

Here we go again Lowell abusing the system, and this time no SD delivered.

I think dx100s first post is most probably right, another Lowell duff debt.

[citizenB]

[ATTACH=CONFIG]34934[/ATTACH]

 

Hi

 

I have typed and uploaded a copy of the letter received above. I hope this works and would appreciate any help or guidance.

 

Many thanks

 

 

IMHO, this is a ruse to obtain a knee jerk reaction from you.. that you will telephone them in a panic.

 

IMHO, I would simply write a letter advising along the following lines.

 

 

Dear Sir or Madam

 

Their account references

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

I am in receipt of your rather strange letter dated (DATE) and received by me on (DATE).

 

I believe you have been misled, at no time have I received a Statutory Demand from you or your client.

 

I therefore request that you send me a copy in order that I may apply to have it set aside.

 

Please be aware, that I have also copied this letter to the Office of Fair Trading.

 

Yours faithfully

 

PRINT YOUR NAME OR SIGN DIGITALLY -

 

Do not hand write your signature.

 

 

I think you also need to send this by recorded or special delivery in order to obtain a signature of it's delivery.

 

HTH

[citizenB]

I think then you need to email the OFT with a copy of the letter and confirm that at no time have you received a stat demand from Lowells or Hamptons. That you have discovered that they are required to be hand delivered or send by recorded delivery post and this simply hasnt happened. That you have no knowledge of this debt either.

 

You do not need to go into any other detail..

[dx100uk]

thats def a threat-o-gram

 

can you scan it up or take a digital photo

using a camera or mobile phone

 

 

scan the required letters/agreements/sheets

as a picture[jpg] file

or convert them to .PDF

ENSURE:remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[BRIGADIER2JCS]

Just been looking at next weeks work 2 dodgy SDs from this lot and 3 from Crabot.

[dibdob59]

Hi

 

Thanks once again for all responses.

 

In reply to DX - that is the only page. There are no attachments, just a single page letter so nothing more to scan or add apart from copy typed document already uploaded as a pdf.

 

So I should just write to them then?

 

Sorry DX , do you mean that you need me to scan the single page because you need to see the actual letter itself or did you think there should be attachments?

[dx100uk]

even if its over two or three photos

 

lets see the actual letter

its layout etc etc

 

dx

[dibdob59]

Will give it a go if I can

[dibdob59]

Hi

 

OK I think this will work so will upload the 4 photos below. Please can anyone give me some advice about what they think of the letter and what I should do?

 

Many thanks

[unclebulgaria67]

Suggest writing back by recorded delivery letter to say that no statutory demand has been served and had it been, you would have looked to set aside.

 

Think you need to flesh out a letter pointing to the rules regarding service of statutory demands.

 

http://www.consumerwiki.co.uk/index.php/Statutory_Demand:_Service_by_Post

[dx100uk]

can confirm that IS a threat-o-gram.

 

21 days for an SD? really

offering a discount?

 

 

you might have benn served an SD

but you CERTAINLY weren't served a VALID one

 

that has to be done by HAND

 

if was by post they must first have

 

1. sent a letter arranging a time and date when the 'serving agent' will attend to serve the SD on you

2. you failed to be in at that time

3. given you written notice an SD was coming by post [i think]

 

as none of the above have been done

 

no dice you fleecers

 

pers i'd complain OFT/etc etc

 

dx

[dibdob59]

Hi DX

 

Sorry but I am not sure I understand your last message - you say it is a threat-o-gram and I should contact the OFT but do I also have to contact Hamptons/Lowell or anyone else?

 

From what I understand in the letter Hamptons are not claiming that this letter itself is a statutory demand but are stating that they served me with one previously and I did not respond so they are chasing me to advise me what they now intend to do. However I have not been served with a statutory demand through any channels.

 

This letter is not the usual ones shown on this forum that I have been reading about today which you call 'threat-o-grams'. Those tend to say 'we may' or 'we could' which are the usual threats. This letter is very clear in that it states 'we will shortly petition for your bankruptcy' because I failed to respond to a statutory demand. How would the courts know that was not true?

 

I have read many threads on the site today and from what I understand they all say that a statutory demand is very serious and that I could be made bankrupt as a result of this and lose my house. I have never heard of this statutory demand route for debt collection agencies or companies to collect unsecured debts. I thought that the worst they could do through the courts was to be granted a CCJ which does not put your house at risk.

 

Having sent this letter to me, can Hamptons now approach the court and petition for me to be made bankrupt? If so what can I do to prove I have never been served with a statutory demand? Hamptons could state that they sent me an SD and I ignored it. One of the threads on here states you have to get statutory demands set aside in court but as I have not had one I cannot do that.

 

I am really confused and worried and not certain what I should now do. I am afraid I will be made bankrupt without knowing it as has apparently happened to others on this site as a result of Hamptons/Lowell.

 

I don't even know what this debt is meant to relate to as there is nothing negative showing on my credit file and this letter states the original company name for the debt is Lowell Portfolio Ltd who I have never had an account with.

 

This is a nightmare!

[dx100uk]

there is no evidence i can find nor have ever seen that links 21 days with any legal SD protocall.

 

post 23 is your next move.

 

dx

[asokn]

there is no evidence i can find nor have ever seen that links 21 days with any legal SD protocall.

 

post 23 is your next move.

 

dx

 

The debtor has 18 days from service of a SD to apply to set it aside or else the creditor is free to issue a Petition (IR 6.4).

[dibdob59]

Hi

 

Thanks asokn - are you saying that DX response is not correct - sorry but I am unclear?

 

I know I keep repeating myself but i am becoming even more confused particulary after reading DX post above re 21 days not being linked to any legal protocal . On reading about SDs yesterday the websites and threads here talk of 18 days to apply to set aside the demand in court (ie challenge it in court and get it cancelled) or 21 days to satisfy it (ie pay).

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_187711

 

From what I can see DX seems to be saying this is not correct unless I have misunderstood.

 

My problem is I do not have the SD, only the letter which says I do and which sounds as if they mean business as it is full of they 'will' do this and not that they 'may'.

 

My concern is that if I say I have not been sent an SD who would the Courts believe?

 

Has anyone else been in a similar situation of heard of this happening before where the DCA states an SD has been served when it has not as this seems to be one of the major issues here (apart from finding out what this debt is as it is not on my credit file).

 

I am still dreadfully worried and unclear what route/s I should now take. Can anyone offer any further comments, clarity or advice please?

 

Thanks again