Recieved SD from Hamptons, Lowell portfolio l LTD

[will lliw]

Hi folks, I have spent some time today trying to understanding Statutory demands, having aparently recieved one hand deliverd last week. I just wonderd if there was a final consensus on how these things from hamptons should be handled, ie ignored, cca'd, apply to set aside etc. Below I will give brief details on this situation and would welcome any comments. cheers

 

 

So some day last week I came home and found a brown envelope had been posted through, no post mark and only my name on it written in blue biro. Nothing else apart from the words "Private and confidential in" red.

 

Inside lurked a letter and SD from Hamptons legal both dated early May, a good 3 weeks before it was actaully served?! Also inside with hamptons letter is a SD under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately. by Hamptons on behalf of creditor Lowell portfolio l ltd. The sum demanded is for two different debts of which I recall not, both total around the 2k mark . But from what ive read hamptons add the debts up all the time?

 

 

I'm in two minds wether I should send a CCA to hamptons and start work on a set aside defence or just ignore it as scare tactic? Whats the word these days?

Also is the SD served as it was just posted through by hand no post marks no proof?

[Bazooka Boo]

Is this the only correspondence you have received in relation to this debt?

 

This is definitely a cause for a very loud complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Issuing a SD through a letterbox? AFAIK I thought it had to be handed to you in person???

 

You have 18 days from it being issued to have it set aside, but if you don't know when it was served??

[will lliw]

Well thats just it you have hit the nail on the head! I thought it had to be handed in person, they have no proof of service apart form there own witness. I dont know if it is even served let alone what date it was served! The insane muddle is if I send CCA and set aside to court I acknowledge it then and why should I do that if I dont have to!

 

I think there may have been other correspondance in the past that has been filed accordingly and certainly ignored phone calls, I dont recall taking the debts on!

 

Whats even madder is they are doing this without even attempting to obtain CCJ first!!!!

[Guest]

it can be put through a letter box, depending on the circumstances according to this. but, yes there should be personal service 'if practicable in the particular circumstances' according to the insolv rules (rule 6.3).

think this is up to date, but double check. http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

Edited June 10, 2012 by Ford

[will lliw]

Thanks for the info, according to your leaflet they can serve by posting it through the letter box by hand as you say but they will have to lodge a statement of truth when or if they petition for bankrupcy. It still leaves me puzzled as to what date the documents were served! Certainly not early May as claimed! And im not keen on acknowleding this SD as it smells fishy with the dodgy dates.

[unclebulgaria67]

I am not sure whether I would do anything with an envelope just posted through the door. If Lowells were to take bankruptcy forward, how would they be able to prove service of the SD. Would a judge just accept evidence that the server posted it through the door ?

 

This thread needs to be put in the legal folder. There are other Lowells cases that the OP should read. One by Khemist where they have applied to set aside the SD.

[Guest]

.... how would they be able to prove service of the SD. Would a judge just accept evidence that the server posted it through the door ?

 

.

 

well yes, if the required 'proof' of service is accepted by the j on balance! as the gov't info posted (and the rules/practice direction) say, they would need to do a statement etc re 'substituted' service explaining why no personal service, what they did etc, if they continue. that's how. if they haven't tried any personal service as 'obliged' by the rules, then that should go against them. as said, depends on the circumstances.

yes, plenty of sd threads around. as you say, it could just be a 'threat' with maybe no intention of continuing with it.

could also give 42man a pm nudge for his input on thread.

Edited June 10, 2012 by Ford

[citizenB]

This is rather worrying - you say the SD is dated 3 weeks prior to it being posted through the letter box ?

 

The fact is that you only have 18 days from the date of the SD to get it set aside - so you need to be acting swiftly as the chances are they could now petition for your bankruptcy ??

[will lliw]

I think the SD is clearly invalid as the date on the letter and the actual date served are way off by three weeks! Surely a process server wouldnt sign off on that? And further more would Lowells/ Hamptons stump up the £350 to proceed with a petition?

[unclebulgaria67]

The envelope should have been dated by the server and it is 18 days from the date they have served it.

[Guest]

edit, crossed post.

[will lliw]

The envelope should have been dated by the server and it is 18 days from the date they have served it.

 

There is no date on the envelope, just my name in blue biro and private and confidential. As such I have no idea when it was served and if it even has been.

[42man]

You really need to get this set aside......and yes CCA request first, SAR to the alledged original creditors (OR if you have never had any kind of accounts with the original assignors (does it say who the original creditors are on the demand ?) then a complete and utter denial would be suitable) It could also be possible that the alleged debts may be statute barred too (i.e. you have not made any payment or acknowledged the debt for at least 6 years (5 in Scotland)). As far as attempted service goes then it has been known for process servers to fabricate the truth, and Lowells (I presume they are in this equation somewhere) have recently stated that a 'mystery' payment has been made to try to scotch the statute barred angle.....

 

What you don't want to have to do is try and deal with this at petition stage, and if you look at these forums you will see that they do often arrive at petition stage.

 

You'll need forms 6.4 and 6.5 and as for the time aspect you simply state that the demand arrived with you 3 weeks after the date of attempted service. If you have no recollection of these debts, then it will be incredibly easy to set aside and you should collect your costs at the courts in the setting aside. The major risk for these companies is that if you are prepared to fight your corner they can lose out quite significantly...what I must also insist is that you report this to the Office Of Fair Trading....

 

What do the particulars of debt / claim state (do not be too specific with amounts and dates)

[foggy123]

Hello,

This happened to me (as you know) and although Lowell flaunted the debt collecting guidelines, the next thing I received from them was a letter with an adjourned Bankruptcy petition. I have always denied (and still do) that the debt was mine. Do not trust them at all and please get this set aside ASAP. They throw the full might of their legal system against you regardless of the consequences and personal anguish so stop them in their tracks if you can.

[khemist]

This may help to understand the process.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***/page18

 

read the thread from the beginning.

 

khemist

[will lliw]

Hi Folks,

 

Thank you all very much for your replies, especialy you 42man! Im sorry I didnt reply sooner, I have been a bit stressed recently with general life and doesnt help I just been made redundant (again) . Sadly I stuck my head in the sand for a few weeks and havent done anything with this yet, today is definatley the day as I recieevd two letters this morning from Lowells, warning me I am at risk of being made bankrupt. I will scan and post shortly along with everyhting else if its not to late!.

 

Can I still apply to have this set aside whilst I wait for my SAR and CC requests even thoough I dont know when I was served so....?

 

Apologies for typos, in a bit of a spin this morning!

[citizenB]

If you follow the instructions below - you should have no problems uploading your documents. Do make sure you edit out any personal information first though.

 

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

[42man]

Yes you can still apply...but stick to the deadlines...

[will lliw]

Heres the SD in full

sd.pdf

Edited July 6, 2012 by will lliw
separated the links so as not to miss one :)

[42man]

Do you know if either of the accounts are statute barred ?

[42man]

Have you sent off for a CCA reuqest ?

[42man]

CCA request can only be used for the shopping debt, you can't do this for the mobile account

[will lliw]

I think there maybe a possibility the debts originate from some time ago but I cant remeber for sure, I will be sending SAR and CC today.

[42man]

You must do your best to remember......(it could be important) make sure you send the CCA and the SAR / SAR's recorded delivery, and the SAR should go to the original alleged creditors, the CCA will cost £1 - enclose a postal order) and each SAR will cost £10 (again send postal orders recorded delivery) - You can find the links in my signature.

[will lliw]

Thankyou, I really appreciate your input and attention!

 

After a good head scratch im pretty sure the shop direct financial is not statued barred, im going upstairs to dig around in my paperwork to check.