Panicing and Worried Sick

[david1968]

Please Help!!

 

I have recieved a Statutory Demand dated 18th March from Hamptons Legal for a debt of £12914.51 to Lowell Portfolio Ltd, a debt that was origanaly to Lloyds TSB.

 

They have sent several letters prior to this that rightly or wrongly I have ignored.

 

I separated from my wife in Sept 2003 mainly because of our mounting debts, I have moved house several times and now live in rented accomodation, all the letters go to the marital house that my wife still lives in. We are not yet divorced or made a financial settlement so thefore I may have a claim to a small percentage of the equity in the house if and when it ever gets sold but she would get the bulk of it. I am very worried about being made bankrupt as I could possibly loose my job and I dont want my children to loose their house.

 

The debt is in just my name as are most of the others (the unsecured debts total about £63,000!) and my wife could claim that alot of the debts she was unaware of them.

 

Could you kind people please advise my next action to stop any further action with Statutory Demand as I am sick with worry.

 

Many thanks.

[PaulW922]

David

 

If you have unsecured debts in excess of £63k then, unless you earn £100k per year with money in the bank I think you need to face facts here. You are close to insolvency. If I had debts that high then I would be insolvent.

 

In my opinion you need to take immediate advice from an Insolvency Practitioner - tomorrow morning approach the CAB or National Debtline and ask them to point you in the right direction. The practical alternative to bankruptcy is an IVA. If you can get yourself into one you are legally protected from your unsecured creditors. It's not nice but it is better than bankruptcy itself, and I am sure it would be a huge weight off your mind. No more hassle and if you do get pursued you can refer the creditors directly to your insolvency practitioner. And at the end of the day i do not believe that full bankruptcy carries the stigma it did. If you went bankrupt tomorrow then in six years time all your debt and all record of the bankruptcy would be gone - clean slate. I note your comment about your job - may i ask what you do? Is there a policy on this?

 

The fact you are getting divorced complicates matters but does not in any way stop you from going down this route. I can't see anything to gain in letting this go on - if your debts are that high then eventually you are going to end up having to deal with things at some point. If one creditor has found you then others will, and it will now be easier as your new address will eventually appear on Experian and Equifax.

 

A bit like being a alcoholic, a drug addict or admitting you are gay, I think the biggest step you take is admitting the problem to yourself.

 

I hope you can sort yourself out quickly.

 

Paul

[david1968]

Thanks for your reply Paul,

 

The reason I am trying to hold them off is my wife has agreed to sell the house only if the creditor's will take a reduced sum to clear the debts as a one off payment, I was going to start contacting them to discuss when this letter arrived with the Statutory Demand. I am just wanting some advice to buy me some time as this would be a much better option than going bankrupt.

 

Thanks.

[payingonlyencouragesthem]

David see the Hamptons Stat Demand thread below. Long and short that SD is a bogus scare tactic. You must NOT let Hamptons know you received it that is important. I am going to PM you check your mailbox top right hand corner.

[payingonlyencouragesthem]

 

In my opinion you need to take immediate advice from an Insolvency Practitioner - tomorrow morning approach the CAB or National Debtline and ask them to point you in the right direction. The practical alternative to bankruptcy is an IVA.

 

Paul

 

There are also a couple of gentler, cheaper homeopathic remedies out there namely CCA and SAR. They can sometimes move the decimal point a couple of places to the left with unsecured debts, speaking from personal experience:wink:.

[PriorityOne]

Unless you are already discussing this over a PM to Payingonlyencouragesthem.... what kind of debt is this and how old is it ?

[david1968]

Re: Debt relief

Thanks POET

 

I am worried about what to do about the Statutory Demand as this needs urgent action.

 

I am interseted in looking at any options but as my wife has agreed to sell the house (she has a new partner and would look to buy a house with him) I thought this would give me a good option to negotiate a final settlement as a one off payment leaving me debt free straight away.

 

Thanks

 

 

 

Quote:

Originally Posted by payingonlyencouragesthem

Don't do anything drastic like selling your house!!! I had over £70k in unsecured debts and have got rid of 95% legally by following the advice on this forum. Let me know if you want me to take you through the procedure.

 

POET

[david1968]

Thanks Priority One

 

The Debt is an unsecured loand from about 2000, nothing really been paid to it since 2003. All the debts are unsecured loans, credit cards or overdrafts. Alot are not being chased anymore.

[Belaflat]

This is so much like my situation.

Again rightly or wrongly, I buried my head in the sand as I just could not meet the demands of creditors.

 

I too am seperated but not divorced and my mail has been going to my old home where my wife has been returning it as "not at this address"

 

A while ago, Lowells rang my mother to ask if my home address was still the same and could I be contacted there as they had some letters for me.

 

Knowing I still pick my kids up she said yes.

 

The next thing I know there is a County Court Summons (obvious from the blue colouring of the forms inside and the return address) which was duly returned "not at this address".

 

2 weeks later, another letter from lowell which I am assuming was the judgement which again was returned by my wife unopened.

 

My total unsecured debts amount to around £33,000 and I earn £27,000 a year although after bills and maintenance have been paid, I am always scraping at the end of the month.

 

I just cannot meet the demands and I am worried in case lowell go down the bankruptcy road with me as the family home is in my name only although I am not residing there.

 

There is equity in it but not enough and besides which, my wife will want her share when we get divorced.

 

What are my options.

[kennyparkroad]

i would suggest that both of you send CCA requests and then see what comes back, chances are not all of them will comply.

 

send them recorded delivery, not forgetting to mention YOU DONT ACKNOWLEDGE ANY DEBT TO THE COMPANY

 

 

it also stops them chasing the payments unless they comply with the request.

[Belaflat]

Where does that leave me with the CCJ though.

At present, there is no proof of service so if i do get caught up with a bankruptcy case based on non payment of this judgement, could i not petition for a set aside of the original judgement on grounds of not receiving any paperwork and so rendering the bankruptcy request null.

If I CCA them, it gives them my whereabouts which is the last thing I want at present.

[PriorityOne]

Thanks Priority One

 

The Debt is an unsecured loand from about 2000, nothing really been paid to it since 2003. All the debts are unsecured loans, credit cards or overdrafts. Alot are not being chased anymore.

 

 

The reason for asking this is because most kinds of unsecured borrowing is covered by The Consumer Credit Act, 1974. This means that in order to legally pursue you for payments, a creditor (or debt collection agency) has to have a copy of this document in their possession, signed by yourself and the original creditor.

 

Before going into more detail though... do you have any CCJs for any of these these ?

[ICO]

This is so much like my situation.

Again rightly or wrongly, I buried my head in the sand as I just could not meet the demands of creditors.

 

I too am seperated but not divorced and my mail has been going to my old home where my wife has been returning it as "not at this address"

 

A while ago, Lowells rang my mother to ask if my home address was still the same and could I be contacted there as they had some letters for me.

 

Knowing I still pick my kids up she said yes.

 

The next thing I know there is a County Court Summons (obvious from the blue colouring of the forms inside and the return address) which was duly returned "not at this address".

 

2 weeks later, another letter from lowell which I am assuming was the judgement which again was returned by my wife unopened.

 

My total unsecured debts amount to around £33,000 and I earn £27,000 a year although after bills and maintenance have been paid, I am always scraping at the end of the month.

 

I just cannot meet the demands and I am worried in case lowell go down the bankruptcy road with me as the family home is in my name only although I am not residing there.

 

There is equity in it but not enough and besides which, my wife will want her share when we get divorced.

 

What are my options.

 

 

I am in the same / different situation if you know what I mean, I have unsecured debts of around 10,000 only three are chasing, one is worth 320.00 (not huge I know), the others are more like 1000 and 3300 !!! I am unable to afford any kind of payment for these debts, they still send letters to my mum's address (which I haven't lived at for 3 years) all letters that have been recieved have been RTS stating I no longer live there, yet they seem completely ignorant to these letters being returned. Only one has actually complied and not sent any letters since and that was Thames credit.

 

Lowells still chase, three identical letters in one week and on 23/03 I recieved the lovely SD from Hamptons !!! Threatening bankruptcy for 1000 !!! It looks like this is a super mailshot at the moment as there are loads of people on the site who have recently recieved the same thing !!

 

I am holding out for the fact that I can state I never recieved the SD as 1) they posted it to the wrong address.

2) they need to prove to the courts they made an attempt to deliver it personnaly first or through a server, then and only then can they apply to send it via the post !!! - which they have not done !!!

 

I am petrified as I am going to call their bluff and stand by the only things I have, I am 90% sure the debt is 6 years old which could make it statue barred and for the reasons I mentioned above.

 

Then if they do petition for Bankruptcy I will fight them all the way !!!

 

Will keep my fingers crossed you win your fight !!!!

[kennyparkroad]

why dont you get a copy of your credit file, then you will be able to see if it is statute barred, and they wont know you asked for your credit report

 

if its NOT on your credit file, chances are its older than 6 years if it is, youll see how long it has to go.

 

worth a try in my opinion

 

 

PS - if you really want them to stop sending them mark

 

 

NOT AT THIS ADDRESS - PLEASE STOP HARRASING THIS ADDRESS BY MAIL

 

 

 

i did that and they stopped (for a previous tennant)

[ICO]

why dont you get a copy of your credit file, then you will be able to see if it is statute barred, and they wont know you asked for your credit report

 

if its NOT on your credit file, chances are its older than 6 years if it is, youll see how long it has to go.

 

worth a try in my opinion

 

 

PS - if you really want them to stop sending them mark

 

 

NOT AT THIS ADDRESS - PLEASE STOP HARRASING THIS ADDRESS BY MAIL

 

 

 

i did that and they stopped (for a previous tennant)

 

 

Sorry to sound like an idiot, but if I was to do a credit check on myself won't that tell them where I am actually living, does it record the fact I have credit checked myself at my current address ???? and they will just start harrasing me at my current address ????

 

Have wrote that on the last few, but they still keep coming !!! Not the nicest company from what I hear anyway !!!

[Belaflat]

why dont you get a copy of your credit file, then you will be able to see if it is statute barred, and they wont know you asked for your credit report

 

I applied online for a credit report using my brothers address as I was staying there at the time.

Around 8 weeks later, letters from creditors started arriving there so I would be very cautious about doing that again.

[PriorityOne]

As there are quite a people with similar scenarios on this thread.... please have a good read around the site and familiarise yourself with some of the experiences of people on here beofre you go and do anything. If you don't, a lot of the advice may go right over your head ! Once you feel ready to take some of these moronic companies on, please start a thread of your own, as this stops us from becoming confused by different circumstances, etc.

 

Anyway, just to start you off....

 

If an account has a CCJ on it, then it means that a court order has ruled that payments must be made.... therefore a request for a CCA (Consumer Credit Agreement) will be of no use. In some circumstances, you can get these set aside.... for example, if you think the amount includes unlawful charges, etc.... but as I have never had to do this (so far), it's best that someone else advises you on the procedure.

 

If an account has not yet got a CCJ on it however, you can make a request for a CCA (under The Consumer Credit Act, 1974) for a true, signed copy of your original credit agreement.

 

Your request must include the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in order to protect you form re-starting the clock for a debt that is approaching statute-barred status (6 years). A lot of the Debt Collection Agencies (DCAs) don't have it.... which will make them in default of a legal request and unable to enforce payment from you. It makes no difference if you have already begun paying them... you can still make a request and they have to comply... within a specific legal timeframe. If they cannot comply with your request, the account remains in dispute... which means that they cannot slap a CCJ onto the account... providing that you retain proof that a request was made ! For example, rec. delivery receipts.

 

If they do come up with an Agreement, it has to be a properly executed Agreement.... but I won't go into this now, as it is not immediately relevant.

 

Sometimes a DCA is only acting on behalf of an original creditor (as opposed to having bought a debt). In these cases, the account is referred back to the original creditor by the DCA and you can then deal with them directly by issuing a SAR to re-calim any unlawful charges applied to the account... which will reduce the amount outstanding. Once again, this is not immediately relevant, so don't think about this either !!

 

DCAs stoop to some very dirty tricks in order to secure payments from you...most of these come in the form of threats made over the 'phone. The truth is that the don't have many the powers that they claim to have, but use public ignorance to intimidate and frighten people into coughing up payments that they cannot afford.

 

I hope this has made things a little clearer for you all... but as I said earlier, have a good read around and then you will be more prepared for the journey ahead of you.

 

The template letter for a CCA request is here :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

It is Letter N.

 

[ICO]

I applied online for a credit report using my brothers address as I was staying there at the time.

Around 8 weeks later, letters from creditors started arriving there so I would be very cautious about doing that again.

 

 

think we were both thinking the same thing there, you answered it just as I was thinking of it !!!! I am thinking best not to tell them or alert them, I just get hounded more !!!

 

At least where they are sending the letters is not my address !!! So my parents are doing the right thing by returning them stating I no longer live there !!! Do you know if it is illegal to harrass my family with all these letters ??? Is there anyone my mum could report them to so they would stop sending ???

 

P.s my mum is exceptionally supportive of me even though I have made big mistakes with my finances throughout my life !!! So a big thank you to all those that do support us !! We all make mistakes !! But I am on the right path almost, I live within my budget and have done for almost 3 1/2 years without any credit - and I wouldn't want credit again !!

[PriorityOne]

Do you know if it is illegal to harrass my family with all these letters ??? Is there anyone my mum could report them to so they would stop sending ???

 

 

In the Bank Templates section, there is a Harrassment by Telephone - response letter. Scroll down and you will find it. Get your Mum to adapt it to her needs and send it off by rec. delivery to anyone giving her grief.

 

Here is the link :

 

Harassment by telephone - response letter

[ICO]

In the Bank Templates section, there is a Harrassment by Telephone - response letter. Scroll down and you will find it. Get your Mum to adapt it to her needs and send it off by rec. delivery to anyone giving her grief.

 

Here is the link :

 

Harassment by telephone - response letter

 

Superb !!! One other question I hope someone may know the answer too, if they have CCJ'd me and that is 6 years old do they have to go back to the courts to apply to reinforce it ??? As I thought even a CCJ after six years has to be "renewed" if that's the right word !!!

 

And could I get away with the bankruptcy issue on the grounds that I haven't recieved the SD or letters stating of the debt in well over three

years ??? So I was unaware of it ???

[david1968]

The reason for asking this is because most kinds of unsecured borrowing is covered by The Consumer Credit Act, 1974. This means that in order to legally pursue you for payments, a creditor (or debt collection agency) has to have a copy of this document in their possession, signed by yourself and the original creditor.

 

Before going into more detail though... do you have any CCJs for any of these these ?

 

 

Thanks Priority One

 

No, I have no CCJ's on any of the debts.

[david1968]

Thanks for the advice Priority One

 

It is getting a bit confusing with different people having joined my thread.

 

In summary would I be best to do the request for CCA letter thus acknowledging I have recieved the SD, or as it was sent to my wifes address should I put put the opened letter into an envelope and return to them saying no longer at this address, I think I need to do something quickly as the SD was dated 18/3.

 

Thanks again

 

 

 

As there are quite a people with similar scenarios on this thread.... please have a good read around the site and familiarise yourself with some of the experiences of people on here beofre you go and do anything. If you don't, a lot of the advice may go right over your head ! Once you feel ready to take some of these moronic companies on, please start a thread of your own, as this stops us from becoming confused by different circumstances, etc.

 

Anyway, just to start you off....

 

If an account has a CCJ on it, then it means that a court order has ruled that payments must be made.... therefore a request for a CCA (Consumer Credit Agreement) will be of no use. In some circumstances, you can get these set aside.... for example, if you think the amount includes unlawful charges, etc.... but as I have never had to do this (so far), it's best that someone else advises you on the procedure.

 

If an account has not yet got a CCJ on it however, you can make a request for a CCA (under The Consumer Credit Act, 1974) for a true, signed copy of your original credit agreement.

 

Your request must include the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in order to protect you form re-starting the clock for a debt that is approaching statute-barred status (6 years). A lot of the Debt Collection Agencies (DCAs) don't have it.... which will make them in default of a legal request and unable to enforce payment from you. It makes no difference if you have already begun paying them... you can still make a request and they have to comply... within a specific legal timeframe. If they cannot comply with your request, the account remains in dispute... which means that they cannot slap a CCJ onto the account... providing that you retain proof that a request was made ! For example, rec. delivery receipts.

 

If they do come up with an Agreement, it has to be a properly executed Agreement.... but I won't go into this now, as it is not immediately relevant.

 

Sometimes a DCA is only acting on behalf of an original creditor (as opposed to having bought a debt). In these cases, the account is referred back to the original creditor by the DCA and you can then deal with them directly by issuing a SAR to re-calim any unlawful charges applied to the account... which will reduce the amount outstanding. Once again, this is not immediately relevant, so don't think about this either !!

 

DCAs stoop to some very dirty tricks in order to secure payments from you...most of these come in the form of threats made over the 'phone. The truth is that the don't have many the powers that they claim to have, but use public ignorance to intimidate and frighten people into coughing up payments that they cannot afford.

 

I hope this has made things a little clearer for you all... but as I said earlier, have a good read around and then you will be more prepared for the journey ahead of you.

 

The template letter for a CCA request is here :

 

Creditors and DCAs - Letter Templates & Budget Planner

 

It is Letter N.

 

[PriorityOne]

Thanks for the advice Priority One

 

It is getting a bit confusing with different people having joined my thread.

 

In summary would I be best to do the request for CCA letter thus acknowledging I have recieved the SD, or as it was sent to my wifes address should I put put the opened letter into an envelope and return to them saying no longer at this address, I think I need to do something quickly as the SD was dated 18/3.

 

Thanks again

 

I assume that a SD is one step before a DCA goes for a CCJ ? Can anyone confirm ??

 

If so, I don't think you can bury your head in the sand any longer. You need to send a CCA request off as soon as you can.... because while they are in default of your request, they cannot go for a CCJ.

 

Don't CCA everyboy at once if you don't feel that you can handle the pressure... just do the ones who are chasing you the hardest.

 

After someone has confirmed what a SD is the grand scheme of things.... send the CCA off. Enclose a cheque for £1.... send it by rec. delivery.... and keep the receipt.

 

It's time to take control and you will get some great advice and support on here. We have all been there.

 

 

To ICO.... I have limited knowledge where CCJs are concerned and don't want to give you the wrong advice. I would suggest that you post a separate thread asking about expired CCJs, etc. Someone on here will know the answer to your question and you can then go from there.

 

 

I have to go out now... but will catch up with any more questions later, unless someone else helps out in the meantime.

[Robdblynd]

Googled and found this, is it any help?

 

Statutory demands - What they are and how creditors use them

[pmhcfc]

...