I received a letter a few days ago to say I've uncerpaid tax of £183 for the year 2012/2013. During this period, I was working (April - June 2012), then was out of work due to illness and when my ssp ran out (June 2012-Jan 2013) I started receiving ESA (Jan 2013onwards).. I rang my employer and they say they only work on HMRC's instructions and they implemented my tax code from HMRC. I then rang HMRC and they said it is because I have been receiving ESA in addition to my (severely diminished) wages and that as ESA is taxable and the Benefits Agency don't collect my tax at source, I have to pay this myself. I no longer receive any pay from my employer (although I'm still technically employed) so the only income I have is the £71-odds ESA a week. How am I supposed to pay this demand? And why wasn't I made aware of all this to begin with?

I originally had a debt passed form MBNA to Arrow Global approx 4 years ago after falling into difficulty. I have been making token payments since due to income. Arrow Global recently passed over managment to Restons Solicitors. They agreed for payments to stay the same but I need to pay them direct instead of Arrow Global. Couple of questions really 1) should I make a Credit agreement request to Restons 2) Do you think they will seek a ccj the amont outstanding is £6k

hi all i applied for a loan with this company and got declined few days later i found out they had put £100 into my account i didnt know they had put this money in as i was away at the time and about 2 weeks later i had an email off a debt collection agency saying i needed to now pay them,after a lot of digging round as i didnt put 2+2 together found out who they were collecting on behalf of but was really confused as i got declined for the loan so i have now asked for a copy of the agreement that i was supposed to electronically signed and they have sent me a PRE-CONTRACT CREDIT INFORMATION ..is this an actual credit agreement i am willing to pay back the £100 they deposited into my account just not the charges and interest.. many thanks

Hi All , I have just received a statutory demand from Lovell via BW legal stating that they have bought a debt from Lloyd bank . I have always denied owing this amount to Lloyds(£3000) and asked them to take me to court to argue it . this so called debt incurred as they decided to cancel my overdraft . I came to an agreement to reduce the overdraft by £50 per month initially and was managing fine , then they changed the rate of repayment to £100 per month which I could not manage and assigned some ludicrous amounts in overdraft excess fees to my account and debited these even if it meant I would be over the limit but did not hesitate to reject direct debit for mortgage or utilities (I was at the time receiving family and child tax credit.) i have been reading the forum and need some help with the following points . What is caa and who do I send it to ? does anyone know if the Lloyds compliance department is still in Chatham and is it the best address to send the SAR.? finally , I will need general help on how to proceed as I am well out of my depth Many thanks for your understanding Remi

Hi all, I apparently have an outstanding debt of £237.48 to Shop Direct & now i am guessing Red have bought the alleged debt. I cannot remember any dealings with Shop Direct plus the letters from Red have been addressed to Antony and not Tony as i am called. i have two questions: 1. This is the letter i have received, what does it mean? Final Communication This is the final communication you will receive from Red Debt Collection Services in relation to payment of this account. It is very disappointing that you have chosen not to respond to any requests for repayment despite us offering you on a number of occasions the opportunity to pay a small monthly amount to clear debt. What happens next The next contact you receive will be from a process server who will be serving you personally with a Statutory Demand. If you fail to comply with the terms of a Statutory Demand, Lowell Portfolio Ltd (Lowell) may petition the court for your bankruptcy. Alternatively, you may receive a letter from the court regarding legal proceedings, which Lowell may issue you against you or a debt collections agent who will be visiting you at home to discuss repayment. If you want to avoid any further action you must set up a payment plan now. We are still willing to accept monthly payments of £15. 2. I also have another alleged debt that Red are chasing me for thats around £2000 but its over 6 years old so im guessing it Stature Barred, due to this i have ignored the letters from them. If i decide to pay the above in installments will that indicate that i must of received the other letters as they have been posted to the same address. Thank you for reading. Any help appreciated. Tony.

Despite winning the set aside last year in the high court http://www.consumeractiongroup.co.uk/forum/showthread.php?367618-lowells-statutory-demand-**SUCCESSFULLY-SET-ASIDE-PLUS-COSTS-**-CHEQUE-RECEIVED-NOW-** it appears it has looped back to lowell portfolio ltd asking for payment or it will be passed onto lowell financial ltd ! they admitted in court that they were unable to produce any paperwork, didnt respond to cca request etc. i complained to oft etc. how is it best to deal with this guys, thanks

I have been referred to this site and told there are som great people who can help me? In short, my income has been hit by the credit crunch since 2009 and since we have run into all kinds of difficulties. Our house was repossessed in the summer wirh an outright repossesion order. We were able to clear the arrears and have been up to date since so the mortgage company has agreed in writing not to enforce as ling as payments remain up to date. This morning we received a statutory demand under section 268(1)a relating to £25k we owe. This is for school fees from when we had money and adverse circumstances and has been issued by the school through Redwoods. The school has been very patient with us and my understanding was that Redwoods would look to arrange a payment plan with us. I would like to get some answers to the following: 1. Does this mean they have filed for bankruptcy? This is an official document but not from the court. There is also no court date given, although the local court is mentioned. 2. We have been given 18 days to respond from the date of service, which is 14th October. This only gives us 6 days to respond, so can we contest why it took so long for us to receive the letter? 3. Given that an outright repossesion order is in place, would Redwoods be able to bankrupt us and enforce sale of the property? Surely the mortgage company have priority on this? Any helpful information would be gratefully received. Thanks, D

A friend of mine received a statutory demand from Lowell Portfolio for a Loyds TSB credit card that she had some time ago. The letter/demand is dated 24 September 2013, however they wrote again giving her until 5 November to send them a reply. My main query is if this is a real statutory demand or a scare tactic - they served her the letter/demand in person. My friend sent Lloyds a template letter asking for a true copy of the credit agreement. She has sent this letter a few times over the past 3-4 years and no agreement has ever been sent back to her. The debt is allegedly £10,377.20. Any advice on what she should do?

I have recently had some dealings with a bailiff from ross and roberts, the problem as such is sorted, in that I never ever let him in my home and I am paying the council directly. However I cannot find this bailiff on the register as a certified bailiff. On my "first notice" it only has his name as S Jackson I'm not entirely sure what his first name is, I've searched the company and the surname and another mr jackson comes up but not with that initial. I am dealing with the council first to ask how much I still owe and I will deal with ross and roberts once the council have replied, as I'm interested to know what my charges are etc I annoyed this bailiff because I was recording our conversation when he turned up at my house, the reason for this was many years ago I was threatened by a bailiff from the same company, another one of my questions is was I legally allowed to record that converstion ( I warned him I was doing so and what my reasons were before he started to talk to me, he then said to someone during a phonecall "she is recording me and I haven't given her permission"). We were outside my house so a public place. Thanks for your help, sorry I've been a bit vague , if I told the whole story I would be here forever and a day, so I kept it down to essentials

This is my first thread on this site, please can someone advise me. I recently received a council tax demand for over payment of benefit (over £1000) relating to an address I lived at over 11 years ago. The letter had my surname spelled wrong, and it did not state a date for the period in demand. The letter states that I have to arrange payment within 14 days or face a debt recovery process. Any advice will be much appreciated.

Hi All My wife has received a SD from a solicitor acting for a collections company (originally Lloyds credit card) We did communicate with Lloyds and requested an original copy of the credit agreement but they never replied. We been away and have returned to find this SD with only a few days left to respond. I'm looking for a way to stop any further action as we are struggling due to issues with property going back several years. Long story short we have 5 properties that we rent out and had some very bad luck with a few tenants that's left us in severe debt on top of buying our last flat at the end of the property bubble in 2008 (we had intended flipping it but had to keep it). About ten years ago a friend was defending a court situation regarding a a credit card, a loan and some other minor debts. He was told by a debt management company that there was some kind of law preventing certain actions being taken against him if the action would prejudice other companies he owed money to. Does any one know if this applies to SD's? We can't deny owing the money because we obviously do but there's no way we can pay this at the moment. When I say our situation is serious we have had a debt advisor calculate that we are currently about minus £600 per month due to the property situation. And we can't sell as most are in negative equity or would just break even. Any advice on how we can avoid further action would be most appreciated even if it's that we should offer £1 per month. Thanks

Hi, Back again, still battling on, been a while, mainly been ignoring the thieves and vagabonds that seem intent on trying to part me from my money... Hope someone can help with this one, assisting family member who has received an SD two days ago which we will request to be set aside as is in dispute and CCA request as yet is not satisfied (years overdue). Have been trying to view templates or copies of an SAR suitable for this but keep getting a message saying I do not have permission to view the pages? What do I need to do? looked at new CAGmail for SAR but was just blank and referred to a complaint to the ICO which doesn't seem right? The alleged creditor is Lowell for an alleged debt apparently purchased from HBOS. Can anyone help with a suitable SAR? I presume this is to go to HBOS? Or Lowell? or both? Should I just use and modify the template from the ICO? Hope you can help, Cheers Bongo!

Hello Crikey I need help with this one. Lowells filed for bankrupcty petition on LLoydsTSB bank account. Last I heard from LloydsTSB was in 2009 until Oct 5th when I was served this notice. I am not sure what to do now and would really appreciated some help with this. The date on the letter I recieved is Sept 20th 2013 and I was served 5th October. I have received no assignemnt of from Lloyds and its an overdraft which they increased without my consent whether verbal or otherwise. Please help me

I have relatively no experience with dealing with these type of affairs so i would like to humbly ask those with more experience to check if I'm doing this correctly. I received a Statutory demand from BW legal, which was served personally by a woman who came to my door, explaining that she didnt know what was in the envelope that she gave me. It turned out to be a statutory demand. Following the advice on this forum, i went to my local court yesterday and submitted an application to have the demand set aside. I am now waiting for the court to contact me. In 2012, i submitted a CCA letter and a £1 to Westcot Credit services asking for all the documentation, they replied stating that the £1 be made payable to the creditor HBOS. I subsequently replied with another £1 made payable to HBOS. No reply was received so i sent a reminder. 2 months later i wrote again by recorded and sign for mail, this time stating a CCA non compliance letter. I heard nothing after that. This year in June 2013 it appears that Lowells Portfolio 1 and BW legal (who i think are the same company) have purchased the alleged debt from HBOS, which i believe is not allowed as the debt was in dispute? I have applied to the court to set aside the statutory demand and given copies of all the correspondence given to the original creditor HBOS and their DCA Westcot. Have i done everything right and is there anything else that i need to do? My apologies for coming across as a noob, but the truth is I am

This started back in august when I received a letter from the DWP informing me that I owed them £100..The details were sent to my self using my maiden name and the letter basically said that I had been contacted before and if I ignored the letter court proceedings would follow.. I wrote back informing them that I knew nothing of any monies owing and that there details must be incorrect as I have been married for some time. But I asked for the details of the claim. They wrote back eventually with the details the debt is for a £100 social loan taken out on the 6th april 1994 and that they would take me to court debt collectors Bla Bla Yep you read that correctly 1994 ! I have written back to them stating that i would like to see the original document.. as I have no relocation of a debt that would be at this moment 19 years old. they have since written back starting that they are not obliged to send me the copies of the original forms.. Im not quite sure now how to proceed ? I know its not a massive amount of money but I slightly begrudged to pay of a debt that I cannot recall especially after such a long time also extremely unimpressed with the DWP handling of this as they are still threatening me with private debt collecting agencies after I pointed out the fact in my last letter that the debt should by statue barred..

hi all am after a little advice as i dont know where i stand.. i was looking for a loan last week and needed it fast so looked at payday loans(stupid i know) so came across cash on demand i filled the form out on line and at the end they said that my application had been declined so i left it at that..my bank statement came through this week and this cash on demand have deposited £100 into my account. i am left a little confused as i was declined can anyone shed any light onto this as i was under the impression that when they say declined that mans i can not have a loan with them????or am i missing some thing here? many thanks all

I should start by saying that I have read various threads on this subject and have a fair idea about what to do and I am not the least intimidated about going to court etc. What I would like help with is specific language. Here are the details. There is an alleged debt to Lowells (originally Capital One) with a default date of 2006. I have made no admission or payments, so it is clearly Statute barred, and I have sent them two recorded letters to that effect (based on your templates) since they started to threaten me with a Statutory Demand. They also haven't sent me the CCA that I asked for ages ago, but they did confirm they would. Yesterday I was served with the Statutory Demand despite these facts. The SD contains a number of statements which, in my view, are enough to show that this is Statute Barred and I want to know how to refer to these in my submission. They make three points (I have only included the key statements):- "Defaut Date : 20 July 2006" "The Creditor made numerous written demands for repayment in respect of the Agreement, despite which the above sums remain unpaid". "The Debtor has breached its contractual payment obligations ...." It seems to me that, when I ask for this to set aside, I should be able to say something like "the creditor states in his SD that the debt is older than 6 years, it is a contract, and that I have made no payment since that date so it is Statute Barred". So:- 1. Can anyone help me with the language to say just that? 2. This seems to me to be so cut and dried that it might be simply set aside without a hearing. Is this right? If so how do I get my expenses for the work I have already done defending it? 3. I am a bit confused about whether I am obliged to attempt to contact the named person on the SD before this goes any further? If I do, is it worth making them an offer to drop it if they pay all my expenses to date? 4. I have read somewhere on this forum (but can't find it) that it may be possible to also ask for an injunction to stop them doing this again. Even if it is a long shot I would like to try, so any help with that? Obviously this is just them using the SD process to get people to pay, the SD even came with an enclosed letter (from the named person on the SD) telling me how terrible the bankruptcy process would be for me and asking me to pay them. This letter actually starts by telling me how the bankruptcy process will involve filling in lots of forms, from which I deduce that it is aimed at the more vulnerable person. This seems to me to be a textbook case of them using the SD process for debt collection and so what should I do about that? Any help most appreciated.

I received a statutory demand tonight for a debt I do not dispute but cannot afford to pay in full. I agreed a payment plan in May but then lost my job, I have been able to find another job which goes permanent next week. I have emailed the solicitors tonight to see if they will agree to the original payment plan. Do I need to write to the court, or fill certain forms out. The demand is dated 6th Sept but only received it tonight and it says I need to reply with 18 days, should I seek advice from a solicitor. any advice will be very welcome.

about 6 months ago i had a flat but due to health issues as i suffer with depression and anxiety i now i have to have tests done for austism i had a council tax benifit claim running but when i left to move back in with my parents they charged me for everything around the 700 mark i have a court date in a few weeks but i cannot attend as i dont live in the same area i am about 3 hours away i am having a council rent overpayment being took out at the moment at 4.45 a week till febuary but if they take the attactment of my benifits out how can they take a week legally i am on esa support rate i cannot attend court as i cannot defend myself anyway due to heath issues can anybody help me

Please help.. [with ref to a thread of multiple debts here - http://www.consumeractiongroup.co.uk/forum/showthread.php?256212-Credit-Card-defaults-since-2005-now-got-SD!!&p=3412047#post3412047 ..been quiet for a long time and then out of the blue today a hand delivered letter a Statutory Demand.. ..it was taken to my daughters house.. ..apparently they have been sending letters there every week as she has the same initals as me. ...she has just ben binning them thinking they were junk mail but today the guy knocked their door and my son in law didn't know who the guy was but told him my address so he came here and hand delivered me a SD which gives 18 days to reply ....on looking at the date ...the date on letter is 12 Aug so that gives me till TOMORROW....what do I do?

Good evening one and all. My wife has received a Statutory Demand from Lowells. The letter was dated the 1st of August, it was hand delivered on the 19th of August, and it states that there is an 18 day time limit before bankruptcy proceeding are started. What laws have they broken? I have researched this as best as I can. The Insolvency Service document linked below states "...The person or company that receives the demand has 21 days to settle the debt or..." Also the OFT guidance for debt collectors has many examples of unfair practices but I haven't seen this dating fiddle mentioned. Can you point me to guidance / law that refers to this please? I want to get a letter in the post tomorrow morning if possible. http://webarchive.nationalarchives.gov.uk/+/http:/www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf Thanks. Mike.

I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance.

Hi, Can someone please help with this issue!!! I received a letter from my mortgage provider, stating that they had received a letter from my Ground rent company,showing that I was owing arrears for 2 years. The letter included various copies of the Ground rent company's correspondences to me. I never received any of these demands and on close inspection, noticed that all the letters had been sent to my previous address. I have previously been receiving letters from my Ground rent company at my current address and know that they in fact have my current address. They have now added charges to the amount owed because of a lack of communication from myself. I do not believe these charges to be warranted and would like some help with writing a letter to them stating this, and if there are any acts or laws that they are breaking by doing this. Thanks in advance.

Hi everyone, I could really do with getting some help. I've spent the best part of the last 24 hours reading various different threads on this forum about Statutory Demands and now my head is spinning, so thought it would be best to see if I could get some advise based on my exact situation. The SD was hand-delivered to my house yesterday. It relates to a loan that was apparantly held with HBOS PLC thatwasi took out about 7 years ago. The default date on the letter is January 2008 (apologies in advance as I left the document at home so don't have the exact dates but can get these later) but I am pretty confident that I would not have made a payment for about 6 months before the debt defaulted - I had my Daughter in March 2007, which is when my payment issues started. I don't have any paperwork relating to the inital debt and I have moved house 3 times since, if I ring HBOS would they be able to confirm information to me still or would I have to request this for through Lowells/BW Legal? I understand I need to contact Lowells to let them know that it's my intention to dispute their demand, what information do I need to put in there? Is it sufficient to say that I belive the last payment was made more than 6 years ago? Do I also need to send something to the court as well? Apologies if these questions have been asked on multiple occasions before, and thank you in advance for any help that you can provide me with.

Hi, Can anyone give me an address at Amex that I can get hold of the corporate T&Cs? Basically, here’s the story: Whilst I was in my previous role for a large company, I had a Corporate Amex card. Due to various personal issues (mainly gambling and alcohol related) I ran up a debt of £19500. I have seen been fired and the company I worked for passed the debt on to me. I received various phone calls from Amex and Brachers regarding the account but as usual buried my head in the sand. I’ve now received a Statutory Demand and am in the process of s*****ng myself. I have rang up Brachers and made an offer to pay which is being reviewed by Amex but what I’m now concerned about is that if it’s rejected they’ll continue with the bankruptcy route. I have my own house which is around £15000 in negative equity (mortgage plus secured loan) and is the house I co-own with my wife, and we also have a 9 year old son. Will I lose it? Also, is it legal for a Company to place a corporate card debt on to an individual? Not reading/remembering the agreement I signed at the company, I don’t know if it said or not they could do it. It is the type of card where I put in expenses then paid off myself. I’m absolutely petrified about what’s going to happen and don’t want to lose my house, wife and son (which I will if it goes that far!!). I’ve offered to pay £300pm until April then £400pm until the balance is paid, hoping and praying that they accept the offer. This keeps it to repay in total to 59 months, plus I’ve offered to pay my annual bonus of £1200 - £2300 gross directly off too. Can anyone please give me some advice on where I stand? Do you think I should speak to Amex directly about my offer? Many thanks, Steve