Hamptons Legal SD received Today - Please Help

[dearyme70]

Thanks so much 42man!

 

I am going to SAR them both and CCA Lowells. No harm in trying!

 

Can I also ask your opinion on my comment a few posts back please?

 

 

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?

 

Cheers

[42man]

I'd send any correspondence by recorded delivery or email...

 

Dear Sir

 

I am in receipt of your statutory demand dated XXXX which was delivered to me on XXXX. I am confirming my intention to vigorously set aside the demand as I have never owned any account numbers you state in your particulars. It is also my intention to bring to light your breaches under CPUTR2008 not only to the judge but also to the Office Of Fair Trading.

 

I trust this makes my intentions completely clear.

 

Yours faithfully

 

(type your name)

[dearyme70]

Great Thanks!

[Guest]

...........

 

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

 

Thankyou

 

you might have to do that if this is re separate accounts, usually a cca request is per regulated 'account' (whereas a sar is not). but, they might just deal with it as all in one if you're lucky. what are the alleged 'accounts'? cr card, current, and or loan? good luck, again

Edited August 14, 2012 by Ford

[dearyme70]

Thanks Ford

 

They are credit cards one original barclaycard the other account bought out by BC.

 

DM

[Guest]

ok, so separate matters.

presume you are going for set aside? note that a reason for a petition is non compliance with an sd (if it hasn't been set aside). also, note time limits. if over the 18 days, would need to apply for extension to time limit when submitting form.

good luck

Edited August 16, 2012 by Ford

[dearyme70]

Cheers Ford

 

I have to get set aside by end of next week.

 

I have had confirmation from Hamptons that they are trying to get original agreement from original creditor which is proof in itself that they do not have the documents they are meant to before the proceed!

 

DM

[dearyme70]

Hi Folks

 

Can I just ask a quickie?

 

Do I include the quote about costs in my affidavit or is that for a later date?

 

Thanks

 

DM

[42man]

Costs need to be submitted at a later date.....once you get the hearing date then you can sort out the costs, these should be in the court / court files at least 24 hours before the hearing

[dearyme70]

Thanks 42man

 

I did think it a bit soon!

 

DM

[dearyme70]

Hi Folks

 

I have not had any further info on my CCA request from Lowells. They acknowledged receipt of my request and said they had asked original lenders for copies. They hoped to send them within 12 days but would let me know if they didn't hear in time.

 

Lowells have replied to my SAR request but it is obvious they haven't sent everything.

 

There is not one mention of any letters sent to me since they purchased these accounts and I have many many letters!! Their log also shows that they haven't called me in the last two weeks (funny that because I'm getting calls constantly!! - All logged).

 

So I'm guessing I write back to them thanking them but telly them it obviously isn't fully complying with my request and I expect them to send all further information within the required 40 days?

 

What is the situation with this?

 

As I haven't heard anything more is this not proof that they do not have the agreement and therefore should not be allowed to apply for BR without all the documents?

 

Can anyone give me any idea if I'm doing the right thing?

 

Many thanks

 

DM

[catquest]

Barclays are notorious for not finding documents so there is hope...

[dearyme70]

Thanks Catquest!

 

If they can't come up with docs will they stop their proceedings? Or are they likely to continue without the agreement?

 

I am just reading up on charges! Although I have no record of these account numbers I do have many debts with many companies and one link lead to another....

 

I was always very good at paying the minimum payment before the due date before my life changed in 2009 so I doubted there would be any charges but I do have some overlimit and late payment charges for the time between CCA ing/stopping payments in 2009 and the time that they closed the accounts.

 

Still not sure if I can claim these back but I am still reading!!

 

DM

[42man]

Make sure that when it goes to court you can tell the judge that you have never had any kind of account with the numbers they have stated.....

 

I also think you should mention the fact that the log they sent you indicates they have not made any calls and you can show evidence of their logged calls....

[42man]

You said that one account was brought out by Barclaycard...may I ask (and just answer with a yes or no) was it a storecard ?

[42man]

Have you sent in your 6.4 and 6.5 ?? What did you write ? PM me if you want to....

[dearyme70]

So.....

 

Lowells send me half an effort for a SAR and Barclaycard "require a signed letter of authority from the main account holder in order to accept requests from a third party signed within the last 6 months" They have returned my postal order and yes it's taken them half of their allotted 20 days to tell me this!

 

What a joke!

 

DM

[dearyme70]

Hi CAG

 

I haven't heard a thing from the court or Hamptons!

 

I'm thinking of writing to Hamptons saying that as they have not complied with my CCA request and as my SAR request has not been fully complied with I assume they are no longer considering making an application for my bankruptcy as they are unable to do so without the necessary documents.

 

Is this a good idea?

 

Any advice gratefully received.

 

DM

[42man]

I'm afraid on recent history it won't make any difference, They were hoping you wouldn't become aware of what you now know and the intention was to either frighten you into coughing up or to destroy you via bankruptcy.

[dearyme70]

Thanks 42man!

 

So are you saying I shouldn't bother replying?

 

I haven't even heard from the court yet about my application to set aside!

 

DM

[42man]

What did Lowells send as part of the SAR ? And Barclays can ask for a letter of authority (i'm sorry to say)

[dearyme70]

Hi 42man

 

Lowells SAR was lots of screen prints of various sorts and a list of notes but no mention of the letters they have sent me since purchasing the accounts. Also included a page for each account headed "Information for default Debt" listing charge off date etc last two on list are bank a/c amount and savings a/c amount that implies my savings account had exactly the right amount in it to pay off the one debt (I wish!!). There is also a statement of account and a copy of one of the letters I have sent but not the other!

 

As far as Barclays is concerned I understood their letter to imply they think a third party was asking for my information which I assumed was just another excuse to a get my signature and b stall for time.

 

Thanks again for your time

 

DM

[42man]

Do you understand the screen prints and the abbreviations ? They should provide a key with what the abbreviations mean, if they haven't then they haven't complied properly. It seems they haven't included any copies of any assignment notices either, you could write back and state this, but you can potentially raise this at the hearing by stating that they hadn't complied properly with a data protection request....

[dearyme70]

Hi 42man

 

There is no key to abbreviations so I have done my best to understand them but it clearly doesn't mention the dates and contents of any letters they have sent me and as you mentioned no letter of assignment.

 

So I am going to write back stating they haven't fully complied with my request and I assume they will be forwarding further information as soon as possible as their 40 days will soon be up.

 

What do you think I should do about Barclaycard?

 

Should I reply to their letter or just show this to the judge if/when I ever hear from the court!!!

 

Thanks again for your time

 

DM

[42man]

Barclaycard can ask for a signature, which you should provide but put crosses through it so it can't be lifted....