SD from Hamptons Legal old Barclaycard 'debt'

[riply88]

New user, but read a lot recently on the forum.

 

I have started my own thread to get some specific advice.

 

My husband had a letter from Hamptons Legal hand delivered to him addressed and intended for me.

 

I have been away and he gave it to me on Sunday.

 

It is a Statutory Demand for a BC debt from a few years ago.

 

I have read that it has to be hand delivered to me in person to comply with the insolvency act, is this correct.

 

Should i do nothing?

 

I do not want to acknowledge its receipt by writing to them, i am guessing this is a shock tactic.

 

They say in the covering letter they will accept an offer of payment etc. If you want me to scan it in let me know and i will do that asap. Thanks in advance for any advice.

[asokn]

It certainly wouldn't hurt to scan/type up the details of the SD and covering letter. Is this a debt you are already familiar with? Is it a debt you dispute?

[riply88]

I will scan the basic details. It is debt from a BC account, last heard from in 2007. I did dispute it but heard nothing from them and started receiving the normal Hamptons scare letters about 6 months ago. The amount they are demanding is £1550, which is for sure much more than the original debt.

[asokn]

On what basis did you dispute it?

[42man]

I would suggest that you get this set aside....

.a CCA request off to Lowells or Hamptons (whoever owns the debt now) and a SAR to the original creditor...

 

..you have 18 days from when you received the demadn to apply to set aside,

 

you'll need forms 6.4 (set aside) and 6.5 (witness statement).

 

You need to send (recorded) delivery or take it in by hand to the nearest court to you that handles insolvencies/bankruptcies.

 

Make sure you keep copies of everything....

 

.there are plenty of threads to do with these statutory demands...

 

.but don't ignore it. as Lowells usually take these demands to petition stage..

 

...if your husband accepted it then it is as good as served.

[riply88]

ok, been away for 6 months working abroad and come back to a load of letters from BWlegal.

 

I never did anything with the original Statutory Demand (stupid i know),

 

last letter was a week or so ago threatening bankruptsy unless i contact them within 2 weeks.

 

There was also another SD!

 

I have time now to fight this,

 

can you confirm what i need to do first?

 

I assume send them a CCA first?

[citizenB]

Yes, send the CCA request.

 

You need to start considering the process of setting aside the Demand as well.

 

You have 18 days to do this.

 

So they sent the Demand through the post with no attempt to make personal service ?

 

Have a look round the forums using Lowell - Statutory Demand - Stat Demand as search references.

[riply88]

thanks for the reply. i will send off a cca request shortly. so i have 18 days from when i opened the SD? and yes it was delivered through the letterbox.

[citizenB]

When was the last time you made payment to this account ?

[riply88]

When was the last time you made payment to this account ?

 

It must be close to or over 6 years, the default was early 2007.

 

 

I do not have any paperwork from that time so i am going to SAR BCd to find out.

 

 

Is that the correct course of action?

[DonkeyB]

It must be close to or over 6 years, the default was early 2007. I do not have any paperwork from that time so i am going to SAR BCd to find out. Is that the correct course of action?

 

Save time – simply call Barclaycard. 0844 556 0066.

 

You want to know the date of the last payment. Also ask for the date the default was recorded with the CRAs, and the date a default notice was issued to you.

[riply88]

Thanks DonkeyB, I might try that. Although the account number is wrong on all the documentation they have sent me, and i have no paperwork from BC.

[DonkeyB]

Your name and address at the time you had the card should be enough. They will probably ask you security questions which you should, hopefully, know the answers to.

[riply88]

Your name and address at the time you had the card should be enough. They will probably ask you security questions which you should, hopefully, know the answers to.

 

Tried calling and they would not give me any information, just said i would have to speak to lowell who would then speak to Barclaycard.

[DonkeyB]

Tried calling and they would not give me any information, just said i would have to speak to lowell who would then speak to Barclaycard.

 

Keep trying. Insist that as they hold data on you, you are entitled to it. Were you asked any security questions?

 

Ask to escalate to a senior manager. Have a number for the boss’s office somewhere...

 

The alternative is a subject access request, but that could take up to 40 days and costs £10.

[riply88]

Keep trying. Insist that as they hold data on you, you are entitled to it. Were you asked any security questions?

 

Ask to escalate to a senior manager. Have a number for the boss’s office somewhere...

 

The alternative is a subject access request, but that could take up to 40 days and costs £10.

 

Yes went through security ok, so I will try again later during lunch. I have already sent a SAR just before Christmas.

[42man]

I think you should (apart from other reasons) use the statute barred aspect as part of your defence, any PPI or excessive charges as far as you can remember ?

[DonkeyB]

Great – sorry, I should have spotted that.

[DonkeyB]

I think you should (apart from other reasons) use the statute barred aspect as part of your defence, any PPI or excessive charges as far as you can remember ?

 

Agree, 42man – tho may be best to be absolutely sure of the SB status. Nice to watch them wriggle.

 

The annoying thing is that the OC clearly still holds data – hence the security questions – so they should have no problem giving out simple bits of info like this. They can’t claim they have nothing to do with the account but still hold data!

[42man]

I think the OP should keep trying Barclaycard directly, they have a duty to treat their customers whether past or present fairly, maybe the OP should quote BCOBS too...

[riply88]

I think the OP should keep trying Barclaycard directly, they have a duty to treat their customers whether past or present fairly, maybe the OP should quote BCOBS too...

 

Finally received a reply to my SAR to Barclaycard. Addressed to me of course, but everything enclosed is for a lady in Scotland ! *Slaps forehead in disbelief*

[42man]

Report it to the ICO first, then contact the lady in Scotland, then get in contact with Barclaycard

[riply88]

OK, update, bankruptcy petition received.

 

To be honest i want this gone,

 

please could someone advise the best way to offer a full and final settlement.

 

I especially want the negative data removed from my credit file, is this achievable?

 

Please help, this is stressing me too much.

[DonkeyB]

What? Did you not apply for the set aside?

[riply88]

i requested a SAR and CCA'd the relevant people, i got them back eventually.

 

That consisted of a reconstituted agreement and a copy statement from BC.

 

I then went away on business and have come back to this.