SD from Lowells via Hampton Legal for CAP1 card debt - HELP!!

[bluekooga]

Liam the court guy mentioned an affidavit.........never gave him any info ref the case at all...

 

you mentioned that there may be a fee if you file late for a stat demand .My demand is dated 25 days before

 

i recieved it,but this is the first time I have mentioned it,as this seems to be a Lowell practice ,looking at other threads.

 

Is this likely to come back and bite me on the bottom?

Edited July 11, 2012 by bluekooga

[42man]

Look at post #37 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?162489-Statutory-Demand-on-a-Stature-Barred-Debt!-Mortimer-Clarke-Marlin-***WON***/page2

[42man]

Well apart from one late filing of a statutory demand, and as you will read on all the other stat demand cases on here yours will be the first ever I have seen in 5 years to have to pay a fee....

[42man]

If you have any doubts then I suggest you go and get a free consultation with a solicitor.

[42man]

Would you send me a PM telling me which court it is.

[bluekooga]

Once again you have come up trumps 42 man,I had everything XXXX about face on the form.

[bluekooga]

No need, your advice has been exemplary as far as I am concerned...

[bluekooga]

Hi CAG

Went to court today and delivered set aside papers with witness statement.Also had to supply copy of original SD.

Now have to wait for Judge to give me a hearing date.

Will keep you informed when that is.

Will I need to prepare any other paperwork to bring with me to the hearing? Medical papers,costs,correspondence

from capone ref charges and PPI,(if they arrive) and hopefully the amounts thereof?!

 

42man correct,NO FEES TO PAY,WITNESS STATEMENTS NEGATE THE NEED FOR AFFIDAVITS.

Edited July 12, 2012 by bluekooga

[bluekooga]

Hi CAG

CAPONE sent letter saying will not refund default sums added to the account in the last six years and will robustly defend their entitlement to these charges and that FSA rules require them to make me aware this is the final response and that I have six months from the date of the letter to refer it to the F O S

 

Any comments would be welcome.

 

Thanks

 

PS they have not yet responded to the SAR

Edited July 25, 2012 by bluekooga

[bluekooga]

Hi 42man/CAG

Recieved another threatening letter from Hamptons Legal representing lowell Financial/lowells Portfolio.

It mentions an Official reciever,and that they would be prepared to accept a discounted settlement of 20% if i pay by the end of July

or pay 25% followed by monthly instalments.If I fail to resolve this matter they will shortly petition for my bankruptcy.Signed S H Head of legal compliance.

[citizenB]

Hi 42man/CAG

Recieved another threatening letter from Hamptons Legal representing lowell Financial/lowells Portfolio.

It mentions an Official reciever,and that they would be prepared to accept a discounted settlement of 20% if i pay by the end of July

or pay 25% followed by monthly instalments.If I fail to resolve this matter they will shortly petition for my bankruptcy.Signed S H Head of legal compliance.

 

Hold on, you have put set aside application in and they are still sending threatening letters whilst litigation is planned ?

[bluekooga]

citizenB,short answer is YES

[citizenB]

I wonder if it is worth checking with the court to see if they have sent a copy of the application to Hamptons !

[bluekooga]

What , see if the court have sent a copy of my set aside application to Hamptons?Even though Hamptons lowells etc are all at the same address?How would that help me?

[AndyOrch]

What , see if the court have sent a copy of my set aside application to Hamptons?Even though Hamptons lowells etc are all at the same address?How would that help me?

 

Because that's the process bluekooga, all applications to set a side are sent to the Claimant for response.All activity should cease on collection.

[bluekooga]

Thanks for the that Andyorch, I wasnt aware.......

 

Do I contact the court in writing or by phone?

[AndyOrch]

Phone would be quicker but I would also advocate emailing both the Court to inform them of this harassment whilst litigation is in process and Hamptons/Lowells to inform them same and that you have reported them whilst an application is being processed.That should cease the threat o grames.

 

Regards

 

Andy

[bluekooga]

I called court helpline this morning and was told that there was nothing to be done until a judge looks at the case?

if thats so what is the point in telling that to Hamptons?

[AndyOrch]

It makes them aware that you know the process and that an application is pending, unless of course you wish them to maintain the harassment.We can only advise.

 

Regards

 

Andy

[bluekooga]

Thanks for the prompt clarification Andy

[bluekooga]

Hi CAG

Another letter from Hamptons Legal this morning, it has 3 main headings......

 

We have requested a copy of your credit agreement

They have asked capone for a copy

We will reply as soon as we can

Will do their best to reply within 12 working days.....(SAR was recieved by capone on 27th June so must reply to me by 6th August under 40 day rule)

We're here to help

If I have any more questions they will be pleased to help......

 

Flipping Blink!! Big change in their tone....would this be so they can show the court how nice they are???????

[BRIGADIER2JCS]

Standard crawler letter!!

[bluekooga]

Hi all,

41 days today since capone recieved SAR and no reply.

What relevance does this have?

Thanks

[42man]

You can at least, when/if it goes to a hearing show the judge the SAR, the recorded delivery slip.....to show that you have made more than a reasonable attempt to get information....and show that they are in breach of the data protection act. As far as the SAR goes then you need to send them a recorded delivery letter entitled LETTER BEFORE ACTION, give them a further 14 days to comply, and enclose a copy of the original letter and royal mail slip - have a look here - http://www.consumerwiki.co.uk/index.php/Data_Protection_Act:_Non-Compliance

[bluekooga]

Thanks.....