Urgent Statutory demand from Tesco credit card/natwest

[charlie41dimmock]

Hi have received today a statutory demand under the insolvency act 1986 (bancruptcy), from a investigation company acting I assume for a dept sold on by first credit sold on from natwest, for a tesco credit card dept, confusing I know.

We wrote to them asking for a copy of all charges etc and saying we are in financial difficulties, but using a basic letter, before I found out about this site.

 

They want us to call them to arrange an appointment for them to visit us, rather than them just turning up 'to save embarrasment'. And if we fail to attend the appointment or any made in lieu thereof, substituted service of the said statutory demand shall be effected by insertion of the same through the your letterbox or a solicitor may accept service on your behalf. Giving us 7 days to reply or it will proceed in accordance with the said act.

 

this has been going on for over 2 years now us sending letters saying we are in financial difficulty, together with other depts totalling 14 k.

 

Please advise, karen

[charlie41dimmock]

Bump

[toddle2u]

Sounsd like they are going threw the correct procedures to effect service of the Demand. Can you give some more details i.e amounts of demand. Have you CCa'd or SAR's the debt. As much information you can provide the better

[dencha]

Hi Charlie

 

I am not familiar with the Insolvency Act you quote, but as you are aware they may be trying to frighten you into paying up even though you cannot afford it.

 

Anyone who demands money from you must be able to supply you with a CCA on request whether they are the original creditor or not. This will prove if they have the legal right to enforce the debt. If not then they cannot pursue you for the money.

 

Send a CCA request to these people first thing monday morning enclosing a £1.00 PO statutory payment. You will find a template letter in the template library. Add ' I do not acknowledge any debt to your company' above the body text.

 

I would send this letter Special Delivery as this is the only form of guaranteed delivery. You will be able to get a copy of when this is delivered plus scan of date and sigs from the Royal Mail website.

 

dencha

[Vampyra]

*Ahem* if the Stautary Demand turned up anything other than Special Delivery or was hand delivered into your hand - you never got it! Do you own your own house?

[tomterm8]

I am no longer welcome on CAG

[twitter]

As long as they have completed a certificate of service any Court will believe it has been received.

You only have 14 days to act on a Statutory Demand and a SAR request will not delay them filing a petition for bankruptcy.

You need to contact the local county court with bankruptcy jurisdiction and ask for the forms to Set Aside a Stautory Demand. This is a free service. The court will then take these and the original demand from you (so Keep a copy). You should then get a hearing date for all parties to attend before a judge to decide whether the demand is legal and whether they can proceed.

[rory32]

Twitter, you are assuming the SD has come from the court (it may have come from the DCA - they are not above such tactics).

Karen, has it been stamped by the court?

I would send them tomterm's letter - if they don't send you these documents, even if this is a geniune SD, there is the issue of disclosure.

[charlie41dimmock]

Hi thank you for all your replies, the dept is about £4,800 credit card, the letter arrived by ordinary post and there is no court stamp on it, did look up some posts that came up on the bottom of mine after I had posted and some of them advised to ignore it.

We have been burying our heads for the last 2 years ignoring the letters and not answering the phone because they kept ringing up and bullying us, and for other depts, too, my husband run up the depts before we met and was handling them until he met me and moved in, he was previously at home and just paying lodgings. I was scared to answer the door and the phone and I have been poorly with agraphobia and bad depression. My husband goes to work but we very much struggle financially, I have a child whose at school too, got behind with ordinary bills too, water etc, they all have not been helpful, if we had it of course we would pay it, sorry to ramble on.

We eventually went to the CAB with my brother in law and sister they offered to sort the mess out as so many different people dealing with each one, getting really confused, so we sent off a letter asking for a list of charges and a breakdown, but not a proper one like on here, and only some have replied saying yes you owe it we want payment and list of charges etc, of course.

 

Will look at the answers again and act on your advice, think will discuss with the b I law, and will send

telephone harassment letter and the CCA request, and tomtoms letter, and see what happens, many thanks karen

[rory32]

Well done Karen. You seem to be getting the hang of it. Just remember DCA's have no powers - if they come to your door tell them to get lost and if they don't go away phone the police. You may want to read this sticky http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/84273-oft-debt-collection-guidance.html Remember to report them to Trading Standards and the OFT for any breach of these guidelines. I would also draw your attention to The Administration of Justice Act section 40 which you may wish to read - link is here Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

[tomterm8]

I am no longer welcome on CAG

[toddle2u]

Rory

The SD is not issued by the Court an not have a court stamp on it. The are issued by or on behalf of the creditor. The first time the courts get involved is if there is an application to have it set aside or if a petition is lodged on the back of it

[charlie41dimmock]

Hi again thanks for your support, have received today monday in the post a letter from eurodept financial services company, quote ' following your recent county court judgement we would like to offer our help' pushing us to call them.

 

So how the blxxdy hxll did they find out that info and what action do I take, am I now on some mailing list unbenown to me?

 

karen

[rory32]

Looks like a breach of the Data Protection Act to me. Report them to the ICO and TS.

[toddle2u]

Lists of county court judgements are available in the public domain as a matter of public record. I think one of the website/companies that deals with these is called Registry Trust where you can obtain lists of recently registered CCJ's for a fee

[rory32]

Thanks Toddle.

[charlie41dimmock]

Hi again, have sent the letter tomterm suggested in his post, today monday, proof of post.

But can't find a CCA letter in templates, or am I being thick, can someone give me a clue, thanks and then I will send that also, assume to the same people. thanks karen

[rory32]

Karen, the template is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Template N from memory

[charlie41dimmock]

Thank you Rory 32, will get straight on it, karen x

[charlie41dimmock]

Looks like a breach of the Data Protection Act to me. Report them to the Information Commissioners Office and TS.

 

Hi again, with reference the above how do we go about this, thanks karen

[toddle2u]

Karen

There is nothing to report as CCJ's are a matter of public record.

[charlie41dimmock]

Sorry, can't find original thread so here goes.

 

sent cca and asking for document or notice of assignment/power of attorney letter (not sure what is called).

 

CCA time up in one days time want to prepare for next move.

 

Bishops investigations statutory demand bancruptcy proceedings for a dept of 4 and a half k after giving back a car on hp and being sold at auction no info from 1st credit re how much car was sold for, where etc, so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below-

LETTER BEFORE ACTION

Dear Sir/Madam,

 

Your ref: 984362

 

 

I am very disappointed that you have failed to respond to my two letters of the 21 May 2007, copies of which are enclosed.

I now understand that the regime of 'fees' which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

Additionally (if )you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

what can I leave in or change as dont know what interest or costs occured and need this info to pursue claim,

 

many thanks karen

[rory32]

Karen was this your original thread? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/91415-urgent-statutory-demand-tesco.html

 

I'll comment on your post tomorrow, as it's getting a bit late now, unless someone beats me to it first.

[charlie41dimmock]

Sorry yes this is original post, couldn't find it, can these be joined together, thanks karen

[charlie41dimmock]

Karen was this your original thread? http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/91415-urgent-statutory-demand-tesco.html

 

I'll comment on your post tomorrow, as it's getting a bit late now, unless someone beats me to it first.

 

 

Hi Rory32 yes original post can they be joined together? thanks karen

Look forward to you post tomorrow, thanks you