Hamptons Legal SD received Today - Please Help

[dearyme70]

Hi

 

I have been an avid reader of this site for many years now and have always found the advice I needed to deal with my many ups and downs over the last few years.

 

I always do my best to find out the information I need trying not to block up the site with my issues when there are many many people that need more help than I do but I'm afraid today I could really do with some advice please!

 

I have been handed a letter (not in an envelope) by a stranger knocking at my door today.

 

It is a Statutory Demand from Hamptons Legal (Lowell Portfolio). I did not need to sign for it and the guy actually apologised for giving it to me!!

 

Question 1. It has a date on it of 20th July 2012. This means they have taken almost 3 weeks to get it to me! How do I prove the date of service on me?

 

The 3 account numbers quoted on the SD are not my Barclaycard account numbers as such! They are for the right amounts but it seems that when Barclaycard sold my accounts to Lowell they changed the account numbers (or did they sell an account that doesn't even exist??)

 

I am not even convinced of the validity of this letter! It has a form 6.1 attached to the covering letter, it says it is served by the creditor but between pages 3 and 4 of the form 6.1 they have added another page telling me that if I want to avoid a bankruptcy petition I must pay the debt shown or attempt to come to a settlement with the creditor. This seems like just another scare tactic that these people try.

 

So anyway

 

I have had a couple of Court Claims which I have had to deal with but never a SD and Bankruptcy.

 

I have spent the entire day reading and trying to take it all in and I am a little confused about how the procedure works.

 

It appears that I have to apply in the next 18 days (or maybe not if they can get away with saying they sent it on 20th July!) to get this application set aside. If I don't and they decide to file for Bankruptcy they will automatically win and I will be made bankrupt.

 

If however I do apply to have it set aside I automatically bring the case to court and the Judges decides if they can indeed make me bankrupt.

 

So my question is do I try to set this aside and risk bringing it to court when I am not convinced that Lowells will take this action themselves. I have a property in joint names with my partner (not married) with almost no equity (£10k at most before fees) I owe many many people (am I right in saying if I am made bankrupt all my creditors will be issued a share of any money I have? - this would lead to them getting pennies literally!) I am now on a very low income with 3 children to support so part of me thinks let them try!!

 

Can they even do this if the account numbers are wrong? The only default notice I have received on these accounts were from Mercers (not sure if that is allowed - thought it had to be from Barclaycard themselves) and they did not allow for service so not enough time given.

 

If anyone can shed any light on any of this or if I have misunderstood any of it I would really appreciate anyone's advice.

 

Thank you so much for reading

 

Dearyme

 

Ps I hope this all makes sense!

[Guest]

thing is, if you don't apply to get it set aside they can apply for bankruptcy. would then need to challenge the petition if they go for it. if you apply for set aside and lose, they can apply for bankruptcy. could then still challenge any petition . so, might as well apply? any poss cause?

yes, would need to apply within 18 days of service if thats what you want to do.

some info for eg

http://www.bis.gov.uk/insolvency/Publications

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

nationaldebtline

etc

perhaps give 42man a pm nudge for input on thread?

Edited August 9, 2012 by Ford

[dearyme70]

Hi Ford

 

Thanks for your speedy reply.

 

So I would need to challenge the petition if I apply for set aside and lose or if I don't and they apply for Bankruptcy? I have read two very long threads about this today and neither of them won the set aside so it appeared to me they actually forced the bankruptcy decision whereas if they hadn't tried to set aside the DCA may not have risked £700 in costs?

 

I will have a look at the links and thanks again

 

DM

[Guest]

hi

pretty much. what was getting at is that if you don't apply to set aside they can still petition. but, if you do apply to set aside, they can still petition if yr app'n is dismissed but if it is set aside then they can't. so, might as well apply? poss 'cause'?

i see what you mean about 'forcing' the bankruptcy, but they can still go for it either way if they want to. and, even if set aside is dismissed, can still try and negotiate settlement after? see what 42man says?

[dearyme70]

Can I def defend if I haven't tried to set aside and they apply for BR?

 

DM

[Guest]

can oppose it, but would prob need to explain why didn't apply for set aside, if service is deemed.

wait see what 42man says, hopefully tomorrow. i'll give him a nudge. in the meantime, see links posted and natdebtline site.

Edited August 9, 2012 by Ford

[dearyme70]

TY

[42man]

It is easier to defend a demand than it is to defend a petition as any dispute or potential triable issue is brought up at demand stage. (however if the demand has never been defended then you would still get a potential opportunity to defend on points raised). I certainly wouldn't risk it, out of all the threads on these forums, I think there are maybe 3 or 4 that haven't been granted at demand stage. You should really report it to the OFT and then apply to set aside. If you have any worries here about the date of the demand then you can add into the witness statement that the claimant has committed a potential abuse of process, but this can depend on how the judge sees it. Any of the alleged debts statute barred ? As for the account numbers then you can simply deny that you have never had any account with Barclays with these numbers.

[dearyme70]

Thanks 42man

 

They aren't Statute barred but the account numbers do not coincide with any Barclaycard paperwork they have ever sent me (except the NOA which was sent from Lowells!)

 

Is this enough for the Judge to decide in my favour though?

 

I am thinking I need to SAR Barclaycard on all 3 accounts but should I just ask for my original account numbers or should I and/or ask for the new account numbers too? I don't want to highlight anything I am best keeping up my sleeve but also need to get all information possible!

 

Can I request all 3 numbers from Barclaycard on one SAR (with one fee?) Or maybe I should ask for all 6 account numbers?

 

Also I don't think CPR applies on SD so what do I request the information from Lowells under?

 

Thanks so much for your time

 

DM

[42man]

You need to send off CCA requests to Lowells asap. Did you have a read of this ? - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=lowells

[Old Cogger]

What a sick country when DCAs can try to freighten people by threats i.e. S.D.. The country has gone down hill rapidly in the last 40-50 years by shear greed by businesses, in most cases good run businees have been taken over by idiots who ruin the economy and that good business has gone,. Grrrrr rant over.

[will lliw]

Hi Dearyme,

 

I am one of the unsuccessful stats 42man mentioned as my application was dismissed earlier this week, heres my thread below if you want some good info.

You must apply within 21 days to have this set aside thats 21 days of the date that person handed you the letter and to be on the safe side I would make it 18 days. That person who served you should have been a process server and should this go to petition stage they will submit evidence from that server to prove you had been served. It seems even though the actual SD is dated three weeks prior to being served it doesnt matter as its the date of service which matters and as stated that is the date it was handed to you, dont ignore it like i did!!

 

Almost forgot, before you travel to the court to submit your application best to ring the court on the SD to double check they still deal with your area as I had a waisted journey due to recent changes to county courts..

 

What you need to be doing is sending a CCA to lowells via Hamptons and also SAR barclaycard for everythign they have on you. Links to template letters can be found in 42mans sig. Its unlikely you will recieve your SAR in time to help or hinder and be prepared for lowells to produce an invalid NOA and hoodwink the judge into accepting it. They will also send you important documents on the day of the trial and even after it because they are a bunch of devious ass's.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD

Edited August 10, 2012 by will lliw

[will lliw]

What a sick country when DCAs can try to freighten people by threats i.e. S.D.. The country has gone down hill rapidly in the last 40-50 years by shear greed by businesses, in most cases good run businees have been taken over by idiots who ruin the economy and that good business has gone,. Grrrrr rant over.

 

I suggested this to a district judge on Tuesday and despite pointing out the OFT guidelines on debt collection practices his reply was how else are debts supposed to get paid! Aparently when it comes to ruining somebody this judge thought Two thousand pounds was not a frivolous matter.

[dearyme70]

Thanks guys for the support and advice.

 

The link 42man gave is a great one and not one I have already found! Already saved the suggested defence to amend later - Thank you

 

So should I send SAR to Barclaycard and ask them for all 6 account numbers? Or should I just ask for the 3 mentioned on the SD? And do I have to pay £10 for each account?

 

Will - Yours is one of the first threads I found and I am so sorry to see your current outcome but don't give up!! Thanks so much for the advice and mention of links it saves so much time!

 

Mike You are correct the country is falling apart because no one is able (or in many cases) allowed to use any kind of common sense or morality! But if I have learnt one thing from my many ups and downs in the last 4 years it's that whatever they throw at you isn't that bad! I still have my family and hopefully my health so that makes me pretty lucky (oh yes and what I haven't got they can't have!!!)

 

DM

[Guest]

.........

 

So should I send SAR to Barclaycard and ask them for all 6 account numbers? Or should I just ask for the 3 mentioned on the SD? And do I have to pay £10 for each account?

 

 

 

DM

 

yes, send a dsar request to barclays at least by recorded signed for. they then have 40 days from receipt to comply. a dsar request is for all the data (as defined) that they hold on you. so, only one tenner needs to be paid per creditor (ie not for each a/c). and no specific requirement to mention a/c numbers but can do so for ease of reference purposes to 'help' them out (not that they should need any help!). (n.b. once a matter has been sold on, the new owner might give it their own a/c number. and sometimes a creditor will give a matter a debt ref number which could be different to an original number)

there is a template dsar letter on cag library. edit it to suit. ensure that letter requests all data and is not limited to any one account or anything itemised in the letter. also can ask for list of transactions in letter. any missold ppi on anything? as that would be a counterclaim/dispute weighted in favour of a set aside.

Edited August 11, 2012 by Ford

[dearyme70]

Thanks Ford

 

I have never had PPI because I was always self employed and new they would never pay out!

 

The account numbers they have wrong are what they call the original account numbers so I am pretty sure they are the numbers that should coincide with my old accounts.

 

I was thinking of sending one SAR asking for all the accounts named in Lowells SD and then another asking for all the actual account numbers. They surely couldn't send the same info one both requests!!! Or maybe they could but that would give me some ammunition and comeback on Barclays mis selling accounts?

 

Thanks again for your time

 

DM

[Guest]

up to you. a dsar is usually a single request for all data held about someone. so, in theory they should send all data (as defined by Data Protection Act, and also information comm. office guidance)) held following that one request. if the account numbers changed at some time for some reason or if they have got it all wrong, then info might show that (if they comply fully!).

Edited August 11, 2012 by Ford

[dearyme70]

So I don't have to quote any account numbers at all?

 

Sorry I didn't realise that!

 

That will solve my dilemma then! Definitely the way to go then.

 

Thanks Ford

 

DM

[khemist]

Hi dearyme I feel for your situation, get it set-aside! you have 18 days from the date of service.... not 21.

 

It would appear hamptons/lowlife do the same thing by serving an SD with a 3 week earlier date on it - I think its designed to scare and is also a tactic to say 'we issued it earlier'

Dont trust them just act within the guidelines stated.

khemist

[dearyme70]

Thanks K

 

I have read your thread and def learnt from it so thank you so much!

 

We must all fight these people to the end!

 

DM

[Guest]

So I don't have to quote any account numbers at all?

 

.......

 

DM

 

no, don't have to. but can do.

eg could include something along lines of '...including, but not limited to, all data regarding any applicable credit card, current, loan account....'

and/or something along lines of 'inc, but not limited to, all data re following poss 'account' numbers;...'

also to include logs, diary/timelines, list of transactions, copy agreements...etc. see the template for eg's.

for further info check out ico.gov.uk re sar

also consider doing the cca request as mentioned. 14 days to comply on that.

[dearyme70]

Hi Folks

 

I am just trying to get my ducks in a row and paperwork done!

 

Can I first ask is there a difference between a DSAR and SAR? I can only find the SAR template?

 

If I CCA Lowells they have to supply agreements within 14 days nut if I SAR them they 40 days. Is this not too long? Can I CCA & SAR them? AT least then I should have something to report when I try to get it set aside if it happens within the next few weeks.

 

Am I on the right track?

 

Thanks for everyone's time again.

 

DM

 

Can I also just ask.....Do I send the SAR or CCA request to Lowells Data Controller or Hamptons? I'm assuming it's Lowells.

 

It says on my SD If I dispute the demand in whole or part I should contact the individual named in part B. That is the now infamous Stephen Hunter who is Head of Compliance at Hamptons Legal.

 

Should I think about also writing to him telling him I have no record of these accounts. I have CCA'd SAR'd Lowells and I intend to defend this all the way? Or should I stay quiet?

Edited August 12, 2012 by dearyme70

[Guest]

dsar/sar = same thing d = data

yes, cca lowells

thought you were doing a sar to barclays? can do one also to lowells if you want. as a new owner? they prob won't have much info to supply?

good luck.

[dearyme70]

Sorry Ford

 

I am confusing myself now!

 

I am trying to get all information from both parties so that I can study it all for any discrepancies. Is there any harm in sending SAR and CCA to Lowells?

 

Another question!! (sorry!)

 

The CCA....do I have to send a separate letter and fee for each account number?

 

Thankyou

Edited August 12, 2012 by dearyme70

[42man]

Send one CCA request to Lowells, the CCA request does make up part of your defence too, so it is important, the reason for the SAR is you need to show a reasonable effort to obtain information, SAR really should go to the original creditor (and it will be £10 for each individual company, if you had 3 accounts with Barclays for example then only ONE SAR is required) No harm in sending a SAR to Lowells of course, although they will probably send screen shots of your account (including a key to all their terminology) and copies of assignments.