Statutory Demand HELP!!!

[sillygirl1234]

Hi Im new here guys and really need some advice.

 

Ive had a guy banging on my door tonight,

said to my husband he wanted me,

and would not go without seeing me as he had something he had to give me.

 

I did not go to door and it turns out to be a demand,

dunno who from but have an idea.

 

he sat out side my house for so long I was going to call police as thats intimidation....and I dont do intimidation.

 

Finally he went, having put a letter thru door saying hes coming back next week and whether im in or not im getting demand served on me, so thats gunna be day of service.

 

I have a few days grace so advice please please please.

 

I think its for a credit card debit of 3K and its in dispute cos of excess charges applied to account,

 

have told original creditor this but to no avail.

 

Thanks in advance

 

very silly girl

[Bazooka Boo]

Check your credit file.

 

You know what this is for, or you have more than one debt, so it would help immensely if you can list them.

 

Who is the credit card with?

What correspondence have you received from them?

How old is this?

[sillygirl1234]

Hi, thanks for reply.

 

Its vanquis. theres nothing else.

 

I went into dispute with them over 18 months ago, because my payment was late by one day

they added charges onto my account, this took it over its limit s

o they addded more charges on etc etc, you see the pattern.

 

No matter that i paid every month and i could not get it back under its limit,

or rather, could not afford to, the charges carried on to a point where i could not pay anymore.

 

I have had no default notice,

several offers for me to pay a reduced sum in settlement etc,

but I wrote to them saying I dispute the amount because of the charges you have added.

 

Now this from nowhere.

[sillygirl1234]

Also I applied for card over internet several years ago, never signed an agreement, just typed my name if thats any help.

[42man]

I would suggest that you send a CCA request off to Vanquis.

 

Also do you still have evidence of your dispute from when you raised the excessive charges with them ?

 

I would recommend a SAR too for good measure.

 

Also as far as agreements go if they are applied for over the internet goes then all they have to do is show a tick box where you agreed to their terms and conditions.

 

This came into force in 2004 - http://www.consumeractiongroup.co.uk/forum/showthread.php?152384#post1618550

[42man]

Who is the debt collection agency ? Do you know ?

[unclebulgaria67]

Also I applied for card over internet several years ago, never signed an agreement, just typed my name if thats any help.

 

In addition to the above,

I think you need to go back to Vanquis with a formal complaint in writing about the charges and that they have failed to respond to a previous complaint.

 

If the previous complaint was more than 8 weeks ago, you could just pick up the phone to the FOS to make the complaint.

They will register the complaint and send notice to Vanquis.

 

In theory,

if the FOS register the complaint.

than Vanquis or whoever,

should stop chasing until the complaint is resolved.

 

Get the complaint registered before the SD is served.

[sillygirl1234]

I need to see if I can find the doccuments relating to this. Is there any point contacting the collection agency now and trying to negotiate a payment plan? Also, if they go to court to make me bankrupt, the house is in joint names, and has equity, what would happen in this situation?

[DonkeyB]

Is it Vanquis chasing or has the account been sold? Vanquis is owned by Provident – run by a man called Crook!

 

Don’t negotiate a payment plan until you have sorted out the possible unfair charges. Was there any PPI? Have they ever responded to your complaints? As uncleb says, complain to the FOS.

 

Suggest a CCA request as a matter of urgency, as 42man says.

[sillygirl1234]

The DCa is Lowells and its also Hamptons.

 

The last letter i recieved from hamptons was 6th july,

but my uncle died on the 13th july,

my mum and i were looking after him (terminal cancer)

as he had no other family and so im afraid the letter got left.

 

It says they would accept 50% of the balance

and that to be paid off at 40 pound a month direct debit

[DonkeyB]

So the account may have been sold to Lowells. Have you ever received a notice of assignment? What else have they sent? You say you received no default notice from Vanquis.

 

As well as a CCA request, you may need a SAR to Vanquis to get statements for the life of the account.

 

But get that CCA request in to Lowells as a matter of urgency, and send recorded delivery with the £1 fee. DO IT TODAY!

[sillygirl1234]

I dont remember recieving a notice of assignment, but that does not mean i havent. What do I have to say when asking for a cca?

[sequenci]

Hello there, do you live in mortgaged or rented accomodation?! Have you any assets?

[sillygirl1234]

Hi sequenci, its a jointly mortgaged property, well two thirds mortgage one third equity, thats the only asset.

[unclebulgaria67]

Hi sequenci, its a jointly mortgaged property, well two thirds mortgage one third equity, thats the only asset.

 

So you want to avoid bankruptcy in this situation, where you will incur more cost. They are only using as leverage to get you to pay anyway.

 

You could start to pay them, taking up the 50% discount offer or at a monthly repayment amount you can afford. If you still have the letters from Lowells, can you access Lowells online payment system and make a payment. You can still investigate the debt by asking for information if there are any issues. e.g. charges, interest that should not have been added.

 

I would be tempted to make a payment and confirm to Lowells what you can afford to pay per month in writing. At least then then bankruptcy threat should be removed and this would stop you getting into a stressful situation.

[sillygirl1234]

Hi unclebulgaria and thankyou for your reply. I was contemplating doing this but was unsure if it was a good idea or not. I did think it was scare tactics on their part, but you never know do you. I am prepared to go to court to sort this out but would prefer not to obviously. I will make a payment tomorrow and sort the cca out when i find the letter template. If I email lowells/hamptons and ask if they still own the debt, and confirm I will pay monthly and that I have made a payment, will that be enough?

 

Thankyou

[unclebulgaria67]

Hi unclebulgaria and thankyou for your reply. I was contemplating doing this but was unsure if it was a good idea or not. I did think it was scare tactics on their part, but you never know do you. I am prepared to go to court to sort this out but would prefer not to obviously. I will make a payment tomorrow and sort the cca out when i find the letter template. If I email lowells/hamptons and ask if they still own the debt, and confirm I will pay monthly and that I have made a payment, will that be enough?

 

Thankyou

 

It will be Lowells issuing the SD, as they are issuing loads. I think we only see a fraction of them reported on CAG. But they do seem to proceed with some, so you would be risking it, just ignoring. You either make a payment and come to an arrangement to pay monthly or you await the SD and arrange to set aside, which may be contested.

 

I would suggest making the payment, as it would not stop you disputing/making CCA requests etc, but would give you breathing space.

[renegadeimp]

Oh look. Lowells and hamptons issuing more Stat demands. Is this their new trick now?

[coledog]

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[sillygirl1234]

Hi guys just an update on this......I rang Hamptons/Lowells today and the guy was very helpful!!!

The debt has been sold onto a company called B W Legal. There was nothing Lowells could do now as the account was not with them anymore he said you need to ring B W legal. At first was not happy because of the attitude of the guy who called the other night, but decided to ring them anyway to sort this out.

 

The guy I spoke to was fine, we have agreed a repayment plan and I have made a payment. They will still issue demand but nothing further will take place unless I fail to make payments onto the account, which I wont. I would have set it up before if my uncle had not died and I completely forgot about it.

 

Are they telling the truth that nothing else will happen do you think??

 

If I dont dispute it within the 18 days and stick to my payments will I be ok?

 

One thing I will say, I dont get the feeling they are bluffing, issuing the demand, but its worked anyway cos its been sorted out.......or has it?

[DonkeyB]

No! You must get the demand set aside! He speaks with forked tongue, ie. he is a soddin’ liar!

[DonkeyB]

If you talk to these people, you MUST tape the call! That call would have stuffed him and ended his ‘career’...

[42man]

You want confirmation that they are going to stop any proceedings.....preferably in writing.

[babydoll0141917]

dw Legal Are Solicitors they use..Lowels will still own the debt ,so I think he lied to you on that one..they sent my OH a SD.. He offered to pay them £5 a mth..I set up a SO payed them ,,sent them aletter saying I was paying them ..and not heard nothing since

 

when you phone them ,they tell you alsorts ,,theys why its best to never phone and in writing only

[sillygirl1234]

Its B W legal not dw. He is putting it all in writing. He is sending me a standing order mandate and an income and expenditure form for me to fill in. Do I still contest this then? And what happens if I dont?

 

Sorry for all questions but I really appreciate the help Ive had so far.