Stautory Demands - An Update And More Help Please!

[Norfolkboy]

An Update. I previously posted about a DCA called Connaught Collections, who wrote threatening me with a Statutory Demand. As ever, the advice I got from this site was excellent, and on 2 Jan 07 I sent the standard CCA request with a £1 postal order. Lo and behold, I got home from work yesterday to find a letter from Connaught returning my postal order and saying that the account had been returned to 1st Credit Ltd on whose behalf they were acting (funny how quickly they can react when the pressure is put on them). This is good news in the sense that it brought the Stat Demand thing to a halt - and very ironic in that Connaught Collections are owned by 1st Credit............. Can't wait to see what happens next - but I thought this would be worth relaying for everyone.

 

More Advice Please! In the same batch of post was a Stautory Demand from Hamptons Legal, who are a 'trading style' of Lowell Financial - of whom more on this site. On the Connaught thread I had previously been told here that:

 

'the Statutory Demand has to be served on you personally by a process server to comply with the Insolvency Rules. They are almost certainly bluffing but might it be a good idea to be careful about answering the door in the current circumstances:shock:. Also process servers will often try to trick you into signing for served documents so be very wary of unexpected special deliveries:shock:.'

 

If that is so, does sending the Statutory Demand through the Royal Mail standard post count as being served on me personally? After all, Hamptons/Lowell have no proof that I have received the document. By way of background, the debt (old credit card) was apparently assigned to Lowell on 13 Jan 06. I had sent the CCA request with £1 postal order several times, but had never received anything other than a poor photocopy of the original agreement. The last contact I had from Lowell was early last Summer.

 

Grateful for more help please!!

[lookinforinfo]

Bump

[toddle2u]

Is it for you personally or for a business debt. If it is personally they cannot post it to you it has to be deemed 'served' on you i.e. handed to you by a process server. If it is for a business debt just has to be sent recorded delivery to the registered office. Hope this helps.

If a personal one ignore it as is not deemed served.

[Norfolkboy]

It's a personal one, so on that basis I will ignore. Thanks - that's incredibly helpful.

[Norfolkboy]

Bump

 

What does 'Bump' mean please!

[ecobabe]

your connaught one will be passed to Reliable, 1st credit, Robinson Way(all the same folks). I had dealing with them and of all my creditors they were the hardest to deal with, ,mine was for £30 that I didn't even owe. I sent cca to everyone of them as they came in and they credited £1 to the account!!!eventually I complained to Trading Standards and only now after 6 months is it resolved. but hang in there and just send your CCa's plus £1.

[Norfolkboy]

Thank you - hanging in there is what I'm good at! Interested to know how you got on with trading standards - did they react and take any action?

[bottomburp]

deleted

[Norfolkboy]

Thanks - the amount in question is £3,167.64. Now not certain what to do..............I have read the link you gave me, which is useful, but am a little panicked about the situation, I have to admit. My inclination is to apply to have the Stat Demand put aside on the basis that the charges involved were either partly or wholly illegal - or simply to cave in and talk to the Creditor with a view to trying to come to some sort of agreement. My concern, obviously, is that without a full settlement they will petition for bankruptcy............. Look forward to hearing back!

[toddle2u]

As stated earlier the SD has not been served correctly and cannot therefore be enforced. Do not waste your time and money having it set aside when there is no need

[Norfolkboy]

toddle2u, I am inclined to agree. Hamptons cannot prove that I have received this since they only sent it through the normal post. Everything I have read (including the detail within the Insolvency Act) suggests that a SD must be served by a Process Server and that the Creditor must be able to prove to a court that this has been done. On that basis alone, my gut instinct tells me that they are wrong since I have not signed for anything - but obviously I am taking this seriously and want to be right in how I do or do not respond!!

[bottomburp]

deleted

[Norfolkboy]

BottomBurp, no this has not gone anywhere near court yet and there certainly is no date. The SD has appeared out of the blue, and as I say I have had no previous contact from Lowell since early summer last year. I note from the guidance you provide that the SD can be delivered by mail after previous attempts to serve personally have failed. Hamptons/Lowell have made no previous attempts to contact me in any way about the SD and certainly haven't attempted to serve by way of a Process Server. I see no way that these people could formally confirm that they had done all they could to serve on my person - and thus be compliant with the direction you have provided.

 

I am really grateful for all your help - you cleary have your research well done!

[bottomburp]

deleted

[Norfolkboy]

It isn't the sum total of the debts and is at least partly made up of penalty charges (old credit card debt). There is no court quoted, so I would not know where Hamptons/Lowell would have applied for substituted service. My suspicion about all this is heightened by the text in the letter that says: 'we MAY (my use of caps) be in a position to present a bankruptcy petition against you if you fail to respond accordingly.' They then 'urge' me to contact their office as a matter of urgency to disucss - and in the text of the SD, it not only suggests I phone them to find out the location of my local County Court (as if i would phone THEM to find that out), and also exhorts me to phone them for 'advice'!! Yeah right. Either they're barking mad or they think I am. Should I phone them and ask about the location of their application for Substituted Service? I'll take further advice from you, but this whole thing looks dodgy - I do have a solicitor; perhaps it's time to engage him.....

[bottomburp]

deleted

[Norfolkboy]

I haven't told anyone that the matter is in dispute as I only received the SD on Friday! Prior to that, I had sent the CCA letter several times and not received the full detail back from them, after which the trail went cold - as I say, from early last summer. I am tempted now to launch the S.A.R and write in parrallel to Hamptons to say that the matter is in dispute. Again, grateful for more thoughts - and thank you for your time on this one. If I was a cynic, which I am, I would think that Hamptons/Lowell had sent out a whole batch of these things to people after Christmas when they are feeling their most financially vulnerable and most likely to be panicked into knee-jerking

[bottomburp]

deleted

[toddle2u]

Bottomburp,

I don't seem to have seen Norfolkboy state anywhere that he has had a letter stating that they have tried to serve him personally with the SD and that they are doing a substituted delivery. Beleive I deal with these on a daily basis - Norfolkboy is wasting his time even bothering to get it set aside. Until they try to serve it or use a substituted delivery it is unenforceable

[bottomburp]

deleted

[toddle2u]

Bailiffs don't serve them process servers do and they are not Officers of the Court

[bottomburp]

deleted

[DnZ]

I've just got one too! - Dated 15/12/06 yet not arrived til after 1st Jan.

The debt is in dispute

The CCA turned up a rubbish copy of the application form (which states it IS the CA) - which didn't appear until over 30days of the request

the date of birth on the CA is incorrect

Lowell were advised by letter (recorded delivery) of all this and when called they "have not received it yet / not on the system" :?

and now I have the same from Hamptons -

Guess I should start a new thread.....

 

D.

[Norfolkboy]

Perhaps we should work together on this one. I'll come back to in a little while - but basically I am going to send off the S.A.R and then advise Lowell/Hamptons that this is in dispute.

[DnZ]

Are the DA's still committing an offence by not providing the Crtedit agreement within 30days if I never gave them the £1 ?

 

What next then? I'm considering calling them to give them another mouthful regarding the letter I sent recorded delivery, that was delivered and yet they say is not received! - As I really don't see the point in writing to them if this is what happens to the letters.

Will also request the SAR - hopefully by then the 6yrs will be up and we'll say goodbye.