Brayan carter help!!

[janet37]

Can any one offer any advice RE statutory demand which has been put through my letter box, it is for a credit card debt 3500 , i last made a payment on this card in december 2006. i failed to make payments after that date, i do not know what to do now . any advice would be greatly apreciated.

[citizenB]

When was it put through your letter box ?

 

You need to get this set aside - you have 18 days from the date on the demand.

 

Can you confirm the last payment date was December 2006 - if so then this is now statute barred.

 

I will find someone to look in on you to give you some advice.

 

It will probably be tomorrow now. So try not to panic.

[janet37]

It was put through letter box today, I have a copy of a statement that cofirms last payment was on 14/12/2006, thank you for your reply, i am so worried about this.

[unclebulgaria67]

It might be an idea to write back to Lowell or BW legal (whoever has been chasing for this debt) by recorded delivery, pointing out that the account is statute barred and therefore if they don't withdraw the SD, you will ask the court to set aside, while also asking for costs. Send them a copy of this statement showing the last payment. Hopefully they will respond quickly to confirm withdrawal of the SD, so then no need to complete forms to the court to set aside. If they don't respond, you have 18 days from today to submit set aside forms to your nearest county court that deals with insolvency.

[DonkeyB]

Jesus, another one...

 

As CB says, sounds like it’s statute barred if that’s the case – allowing a month after the last payment for default gives 14/1/2007, plus six years = 13 January 2013 – two weeks ago. They have missed the boat.

[citizenB]

It was put through letter box today, I have a copy of a statement that cofirms last payment was on 14/12/2006, thank you for your reply, i am so worried about this.

 

I think you probably have nothing to worry about - If you do as advised - send letter to the Solicitor who is BW legal - as Uncle Bulgaria has mentioned. Send it by the very least Recorded Delivery - if you can afford Special then send it that way. Do keep the receipt.

 

Advise that the debt is statute barred and that unless they withdraw immediately then you will apply to have the demand set aside with a request to the court for costs.

 

Then we will help you sort out what else you need to do.

[DonkeyB]

Can you tell us any more about the alleged debt, and its history, in case we can advise further ways of ensuring it definitely is SB?

[42man]

You should get this set aside - as it is statute barred and report it to the OFT too (this is crucial)

 

Please have a read of these threads - http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand

 

And this one too - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

 

If you need any help then please shout....

[janet37]

Thank you all so much for all the advise. It is a store card debt with creation finance, it was passsed around a number of debt collectors, but i never replyed to any of them as I had stopped paying as I was arguing with creation over late payment charges. I made that last payment and spoke to them on telephone about late payment charges and told them i would be making no more payments until they reduced these.They sent two more statements and these are just charges. At some point I did send lowelss CCA letter but did say that I did not acknowledge any debt to them or creation finance. They sent the statements to me that I have now, they are copies, and they also sent a copy ofthe application form for the credit card. It all went quiet, and now this, I was quite unwell at the time and just ignored it as I did not know what to do.

i Have emailed them and informed them that this debt is SB but i just got an automated reply should I ring them? but to be honest I am not very strong at the moment, sorry for such a long post. and thank you i am starting to feel a bit better.

[citizenB]

Reply by email if they have provided one for you.

 

That in view of the fact that they have started the legal process you will only communicate either by email or letter.

[42man]

If it was me in your own position then I would email this.

 

Dear Sir / Madam

 

I am in receipt of your recent statutory demand which came into my hands on (date)

 

It is my intention to set this aside at my local court and claim my costs in the process. I am also fully aware of the Consumer Protection From Unfair Trading Regulations 2008, The Office Of Fair Tradings guidelines on debt collection and your own associations code of conduct. I am sure I do not have to remind you of any potential breaches of this.

 

I have already stated in a previous email that I will not be making any payment towards a debt that is statute barred. If you do not withdraw your demand or you do not correspond with me within 7 days, then I will take it that it is your intention to present a bankruptcy petition.

 

Please also take into account that when I appear in court, and on any subsequent 'unless' order then when the issue of costs arises I will be showing the judge ALL my correspondence including this letter.

 

I trust this makes my position completely clear.

 

Yours faithfully

[janet37]

Thankyou I will do this now should I stll send the statute barred letter to them and their legal company BW Legal, I have been going through some paper work, and have found another statutory demand from lowells for the same debtt, it must of been sent years ago,but i can not find a date on that, they have obviously served it but not taken any action. that also states the default date as 31/07/2007 the day they were assigned the debt from creation finance, do you think the debt is statute barred? I know that the last contact I had with them was when I made the last payment.14/12/2006, once again thanks for all advice I have been given

[42man]

If that is when you last made payment then it is statute barred....

[janet37]

Thankyou, I have looked at the date on the latest statutory demand and it is 15/01/2013 but it was put through my letter box yesterday does that mean that I will be unable to get it set aside or dispute it as the 18 days will have passed.

[42man]

It is 18 days from when you received it.....if you have a look at the threads I gave above it shows you what to do with a link to another defence (but you will find a lot more in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

As long as you are prepared to face a judge with your perfectly good and valid defence, have a read around these forums to get to know what is what (and you will feel more empowered I assure you) then you will be fine, you must also sort out your costs too (although you will have plenty of time to do this)

 

If you need any help or aren't sure what to write then do shout....

[42man]

Don't be bullied by these horrible companies....

 

I also have one favour to ask and that is you inform the Office Of Fair Trading too - but wait until we see what happens and if they respond to your ermail. Please keep us posted.

[janet37]

Thanks so much for all the help You have given me, I feel that at least I am standing up to them( even if Im shaking) I have sent lowells the email as sugested above and also the statue barred letter , I have also sent the statute barred letter to the legal company that served the SD. I will keep you all updated ..Probably be asking a load more questions!

[Ganymede]

Thanks so much for all the help You have given me, I feel that at least I am standing up to them( even if Im shaking) I have sent lowells the email as sugested above and also the statue barred letter , I have also sent the statute barred letter to the legal company that served the SD. I will keep you all updated ..Probably be asking a load more questions!

 

 

 

Is this the first you've heard of it?

 

Have youhad any Court claims or CCJs for the debt?

[janet37]

I have had no CCJs or court claims I knew about the debt as I stopped paying after they refused to reduce late payment charges, I have been an ostrich and burried head in sand, but i cant live with the threat of them knocking on the door any more, and after reading some helpfull comments and advice on this forum I am going to try and deal with it.

[janet37]

Just a quick up date I have had no contact by email from Lowell not even an automated reply to my email informing them that this debt is statute barred, is this usual with them?

[citizenB]

Thankyou I will do this now should I stll send the statute barred letter to them and their legal company BW Legal, I have been going through some paper work, and have found another statutory demand from lowells for the same debtt, it must of been sent years ago,but i can not find a date on that, they have obviously served it but not taken any action. that also states the default date as 31/07/2007 the day they were assigned the debt from creation finance, do you think the debt is statute barred? I know that the last contact I had with them was when I made the last payment.14/12/2006, once again thanks for all advice I have been given

 

So they have already used the Stat Demand as a debt collection tool previously ?

 

Just a quick up date I have had no contact by email from Lowell not even an automated reply to my email informing them that this debt is statute barred, is this usual with them?

 

Pretty much - they have a habit of ignoring letters then sending their own brand of rubbish advising they havent heard from you. Even though you might have sent letters by tracked method and there is a signature for them. It could be they are trying to find out when the last payment was made themselves. They might even come back with a "phantom" payment so you should be ready to rebut any question that a payment was made during the 6 year period.

[oleg]

You may wish to send copy of your previous email to the top dog, it could prompt a proper response maybe?

[email protected]

Don.t read anything into their ignoring you so far. They are ignorant to the very core.

[janet37]

Thanks for your replys, yes they have issued a statutory demand for this same debt , i found it in a pile of lettters they have sent me, i was quite unwell at the time and must of ignored it. because I know that I have done nothing about it, it must of been years ago but there is no date on it. it is worded differentley to this latest one, there is a statement about making me bankrupt but it has had a line put through it, and another statement about putting a charge on my house has been left without a line through it.

[janet37]

Hi this is the reply I have received from Lowells, should I wait for them to contact me again or should I start the setaside procedure?

I confirm that your query has now been passed to the Customer Services Department who will carry out a thorough review

We will respond as soon as possible but this may take up to 28 working days.

 

In the meantime, I can assure you that the account will be placed on hold, and we will stop all collections activity whilst dealing with your query.

 

Please do not respond to this email as it is an automated acknowledgement. However, if you do have any further queries and want to speak to a member of the Customer Service Team, please do not hesitate to call us on: 0844 844 4716*.

[unclebulgaria67]

If BW legal are dealing with the SD, you should have written to them as well, as I expect that Lowells may not respond or in time, leading you to have mess around with a set aside.