Hamptons Legal, Lowells are threatening me with *SD*

[Mr lex]

I have started for thread for Cumbria

 

A message from Cumbria on facebook

 

Help please. Hamptons Legal.... been checking CAG files and getting lost in so much info ..... basic threat at the moment over debt with Lowells.. would prefer to deal with this off FB. Currently threatening Statutory demand although as usual, not happened as yet ... I'm looking for the reasons others have used for set aside (not just the list usually given out) just in case they come at me /or this could just be another of their threats... any help ...

 

Cumbria will be along soon with more info

 

Many thanks guys for any help you can give her.......

 

Lex

[citizenB]

Lowells are issuing SDs like confetti at the moment.

 

Will try and find some links to post up.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?361246-Hamptons-Legal-SD-received-Today-Please-Help&p=3940032#post3940032

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360960-Statutory-Demand-from-Lowell-for-15k-debt-from-2003.-CCJ-issued-in-2006.

 

What are the chances that the debt they are pursuing is statute barred - no payments or acknowledgment of liability for 6 years ?

 

If the account had an unresolved dispute prior to being assigned to Lowells

 

Were you aware the account had been assigned.

 

Did you receive a Default Notice prior to the account being assigned

 

Do you disagree with the amount being claimed. Is there any default charges that can be reclaimed / mis sold PPI

 

If you havent yet been served with the SD, I suggest you start gathering information.. and fast.

 

CCA - request for copy of the agreement - from original creditor - cost £1.00 - they have 12 working days + 2 to comply. They are obliged to provide you with.. a copy or reconstruction of the agreement - a statement of account and terms and conditions from inception, at default and any variations in between.

 

SAR request - for all data in respect of the financial history - you want statements, communication log and anything else that you think might help. This will cost you £10.00 needs to be sent to the original creditor and they have 40 calendar days to comply.

 

Your biggest enemy will be time and lack of information

[Mr lex]

I'm sure Cumbria will be by in a minuite CitB, thank you for looking in.

[42man]

First priority before the arrival of the SD is to request a CCA and a SAR to the original creditor may be a good move too...

[Mr lex]

Thanks 42 !! I'll pass that on !

 

Message from Cumbria , who is having problems logging in and the team are sorting this out for her.

 

Hamptons - threat of SD :

 

 

I asked for a full disclosure with the original loan company and still have the details and envelopes. At no time have I been sent a contract and all I did receive was a long list of statements going back to the beginning. They never sent anything else inspite of my stating and continue to state the the account was indispute.

 

 

Hamptons: I asked for the contract and full disclosure at the beginning of the year and never received anything. After 40 days I wrote to them and got a tyraid of rubbish back - so this time I paid out for a Solicitor to request and have the letters as evidence. Lowells argued with the solicitor until they finally capitulated and sent - again, only the statements - no contract - no other requests I made, including the number of phone calls they'd made to me since they took over the account.... nothing. By the time the Solicitor received the info, a further 2 months had elapsed. I wrote stating that this account had been in dispute originally and remains so, because they didn't comply with the contract being sent within 14 days nor the full information I requested within 40 days and therefore the account was unenforceable. I understand that they are still allowed to badger you, even if they've not sent the required information. Is this ok for submission (if) I receive a full SD from them as part of the set aside please? Many thanks Caggers ... you've saved my bacon on more than one occasion. Sadly I've never been able to access my login even tho I have the right details ... could be me, but thanks everyone. Cumbria x

[citizenB]

When you say you asked for "full disclosure" , I am assuming this was a Subject Access Request ?

 

You should have received more than just statements in respect of that.

 

Did you make this request of Lowell or the original creditor ? Either way, there should have been a communication log/diary of events. This would detail all the calls and letters and any other actions made on a day to day basis.

 

Lowells/Red/Hamptons like to use SMS and text messaging nowadays so there should definitely be a very long list of calls on the phone log.

 

If they have failed to comply with your s78 (CCA) request, that should be sufficient to keep them from starting any legal action. Although I understand they can issue a claim but if they are in default of an s78 request they cannot obtain judgment.

 

Was the lack of compliance with an s78 request the reason it was in dispute with the original creditor ?

[42man]

Cumbria do have a read of this thread too, of course this would need editing to suit personal circumstances but try and understand what is being said. - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=lowells