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SD from Hamptons Legal old Barclaycard 'debt'


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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.

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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?

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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.

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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.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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  • 8 months later...

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?

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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.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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?

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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. :(

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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.

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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 ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Great – sorry, I should have spotted that.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 1 month later...
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*

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

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 4 months later...

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.

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What? Did you not apply for the set aside?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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.

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