Lowells/Hamptons Stat Demand Help Req. Urgently Pls / **SET ASIDE _ SUCCESSFUL**

[DebShe271]

Dear All

 

I am very new to this and would really appreciate some urgent help.

On Wed 31/3/10 a letter was put through my door from a company called London House, stating that they had been directed to serve me a Stat. Demand and that someone would be attending my address on Wed 7/4/10 at 6.30pm. It did not give any information in relation to any creditor etc. I did not even know at that time what a Stat. demand was. One week later a man knocked on my door, I was too scared to answer, I then heard him go next door to my neighbour and ask if I lived there. Afterwards he put a letter through my door which was from a company called Hamptons with a stat. demand.

They were requesting £3700 for two debts which are about 5.5 years ago. I immediately searched my credit file from Experian and noticed that a company called Lowells had searched my CF 10 times within the last few months. Do they do this to group together debts? My debts arose from approx. 6.5 years ago, I found out I was pregnant and my partner left me, I made the decision to have my child, was off work for 6 months on mat. leave and lived on only £400 per month (mat. pay) so fell behind with credit/store cards and have never recovered.

I called Lowells who were listed on the SD and was told I had to pay the amount in full or in two instalments. I told them I could not do this as I am a single parent, and I only work part-time as I had to reduce my hours at work to fit in to take my child to/from school. Lowells then said that they would bankrupt me if I couldn't pay, they then said that they would accept £1200 immediately and £100 a month. He finally went down to £1000 and £100 a month. I told him I only take home just over a £1000 a month but he was not budging. I told him I get paid on the 16th, he told me to give him my card/bank details and that they would take £1000 on the 16th and set up a direct debit for the £100 per month. I naively gave my details as he kept repeating the bankrupt threat which scared me. When this money comes out on Friday I will have £200 for me and my son for one month and will not be able to pay my mortgage or bills. I am at my wits end. I have equity in my house, my only asset, but can't get at that money as I have CCJ's so can't get a loan etc. I am so stressed and prior to getting the orig. letter had been off work for 7 weeks with stress. I do not think I have a leg to stand on to off set this SD and in any case the court listed is in Hertfordshire and I live in Kent so hardly easy for me to do so. Please can anyone give me some advice, as in desperate need.

Edited April 10, 2010 by DebShe271

[silverfox1961]

Hi,

I think you will have to get the SD set aside. I think the best way of doing that is to dispute the amount of the debt. Just because the Leeds Losers say that is the amount dosn't make it so.

 

Here are the forms to fill in.

 

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

also look here for some advice on getting SD's set aside.

 

How to have a Statutory Demand (SD) set aside - UK Business Forums

 

It has been said that once a DCA gets hold of your bank details, they will take what they want, not what you have agreed to.

 

Personally, I would cancel any direct debits and if you have given them a credit/debit card details, to cancel the card as well.

 

I'm not that up on court procedure so hold fire for a more comprehensive answer.

 

fox

[cerberusalert]

Moved to the Legal Forum.

[mandyjayne]

Debshe...

 

welcome to CAG...as Silverfox has said cancel your card ASAP...do not allow Lowell to take anything...Please do it!

 

DO NOT SPEAK TO ANY OF THEM AGAIN OVER THE PHONE, everything must be done from now on in writing.

 

Do not worry or get yourself in a state over this (easier said than done...yes i really do know!)

 

You can, and will, get this set aside, believe me.

 

I am going through exactly the same, SD from Lowell, i will help you through as best i can...others will be along shortly in their hundreds!!!

 

I will check back a little later i have to go out

 

As a starter you need to fill out forms 6.4 and 6.5 (wont mean alot to you just now) also listing a court that is not your nearest that deals with bankruptcy is an abuse of process...good news for you:D im also in Kent so if you need help just shout

 

MJ:)

 

Have a read of my thread from here, will give you an idea of whats to be done.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

[DebShe271]

Mandyjayne/Silverfox

 

Thank you both for your prompt advice. I have cancelled my card as directed, have not yet done anything about the DD as I am not sure in what company name they will try to take this, have checked my account online and they have not set up the DD as yet!

 

I have printed off the forms but am still concerned that I have sufficient grounds along with the fact that the court listed is in Hertfordshire, miles from where I live.

 

Should I now inform them in writing not to take any payments? Is there anything else I should ask them for? I have read some things on this site about Notice of Assignments?

 

Any further advice would be greatly appreciated.

[silverfox1961]

You will be disputing the amount of the debt as no doubt the original creditor slapped on loads of charges before flogging it to the Lowlifes.

 

MandyJayne will help with the wording of the set aside application (I hope) but you should be able to swear it at your local court.

 

Keep an eye out for the DD on your online bank or you could try to contact your bank and tell them not to accept a DD from either Lowell Portfolio or Lowell Financial.

 

Once you get the SD set aside, you will be able to tell the Leeds Losers what you will pay, not the other way round.

 

Once this is sorted, we can help put you in a stronger position with them.

 

While you are waiting, send the original creditor a SAR so that you can check whether they have followed correct procedure in selling the debt.

 

Remember this, DCA's are powerless without the involvement of the courts. The things they tell you over the phone they would never dare put in writing.

[DebShe271]

Thank you so much Silverfox for your advice and I will certainly do what you have suggested.

Mandyjayne if you could assist with the wording to set this aside I would be extremely grateful. I have also found out that there is a banktuptcy court in xxx, Kent about 20 mins from where I live, Lowells told me that the Hertfordshire one listed was my nearest! Says it all!

I shall speak to the bank about cancelling any Lowells DD.

Subject Access Request is there specific wording to use and do I have to pay?

Edited April 17, 2010 by DebShe271

[wycombe]

Hi DebShe271

 

This is the SAR's request terminology. It will cost you £10:-

 

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Stay positive and do make sure these low life's cannot set up a direct debit on your account. You can try telling your bank that someone has all your details and you are extremely worried about the account being used fraudulently. They can then change your account number - then any direct debit mandate under the old number is useless.

[silverfox1961]

This is one I have used in the past:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

It costs £10 and make sure thet you send any correspondence to the original creditor and to the DCA by recorded delivery

[DebShe271]

Silverfox/Wycombe thank you so much.

Quick question should I send the Subject Access Request just to both the original creditors (Shop Direct/Capital Bank). Or should I also send to the DCA (Lowells).

[mandyjayne]

Deb

 

Have a read of this by 42man (he knows the sd set aside inside out)...its what i used for my 6.5, he helped me, i will PM him and see if he drop in for some much need assistance!

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-5.html#post2460394

 

MJ:)

[silverfox1961]

Silverfox/Wycombe thank you so much.

Quick question should I send the Subject Access Request just to both the original creditors (Shop Direct/Capital Bank). Or should I also send to the DCA (Lowells).

 

Don't bother sending a SAR to Lowells, it's a waste of time and money.

 

In good time, i would send Lowells a CCA request for each debt but for now, deal with the legal stuff.

[wycombe]

The SAR's request should be sent to the original creditor. Lowell's will be relying on documentation supplied by them so as silverfox states sending it to them is a waste of time and money.

[mandyjayne]

I cca'd Lowell and SAR to original creditor...

 

Never got a single thing from Lowell, as is par for the course with them...they never have any paperwork on the debts they chase, they just hope you will pay up because your so scared of the legal process.

 

They have ignored 2 court orders to produce docs in my case...thats because they dont have any!

[DebShe271]

Thank you Silverfox/MJ/Wycombe. I shall just send SAR to original companies, I'm not sure what a CCA request is but will do as you suggest and look into that at a later date.

Just chatting to you guys has already taken a huge weight off my shoulders! Thank you once again.

MJ I have looked at your link did you send all of that info on your off-set form do you think I could use the same claims along with the fact that is was also abuse of process for not listing a local court which deals in this sort of thing? Also, do you need official forms or is printing them off ok? Can they be prepared prior to attending the court or should they be filled out there?

[DebShe271]

Hi! Mandyjayne

 

Have just managed to read your link thoroughly and all your posts! It sounds unbelievable! Can you tell me to I need to send a CCA (still not sure what this is) to Lowells? As you quoted it in your 'Set Aside' and I would like to base mine on yours.

Additionally, for clarification it does state on my SD that rights were duly assigned to Lowells and notices of assignment were served in the particulars of Debt section. Dates are given for these but I have never received them. Is this just them trying to pull a fast one do you think? They also say that they have made verbal requests - funny how they don't have my telephone number nor have I ever had anyone come to the door (other when this SD was put through the letterbox)???

It all sounds such an uphill struggle I hope I have as much resolve as you.

Deb

[DebShe271]

Hi!

Does anyone know where I can find a CCA template letter pls?

[wycombe]

I think this is the request you are looking for:-

 

Dear Sir,

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court. Case No.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Sincerely,

 

 

But I am not 100% sure this is what Mandyjane was referring to.

 

If you do not get a reply keep bumping your thread until you do as someone with far greater knowledge than me is bound to be along to confirm or give you the correct template.

[DebShe271]

Thank you Wycombe.

Not sure if this is the one as I thought it refers to Credit Consumer Act??? Your template letter states reference to a case no. etc, the SD does not give any such information either as basically just comes from the DCA - but many thanks anyway. But what do I know...

Sorry what does bump mean?

[silverfox1961]

If you bookmark this page, the letters within will help at some stage:

 

The Consumer Forums - Debt collectors

 

The CCA request is letter 8

 

 

Bump is just a way of moving your thread to the top of the pile so it gets seen. With the amount of people posting, this post will appear on page 1 of the new posts link but will vanish on to page 2 in minutes

[mandyjayne]

Hi! Mandyjayne

 

Have just managed to read your link thoroughly and all your posts! It sounds unbelievable! Can you tell me to I need to send a CCA (still not sure what this is) to Lowells? Yes, send a CCA to Lowell (this is your request for your Credit Agreement) which they should have to try and enforce the debt...but they wont have it! As you quoted it in your 'Set Aside' and I would like to base mine on yours.

Additionally, for clarification it does state on my SD that rights were duly assigned to Lowells and notices of assignment were served in the particulars of Debt section. Dates are given for these but I have never received them. The same as mine..i did not receive anything from them either..Is this just them trying to pull a fast one do you think? Spot on.. They also say that they have made verbal requests - funny how they don't have my telephone number Same again here...nor have I ever had anyone come to the door (other when this SD was put through the letterbox)??? and mine was also put through the letterbox

It all sounds such an uphill struggle I hope I have as much resolve as you.

Deb

 

Hi Deb..

 

My answers in red above..

 

MJ:)

[DebShe271]

Thanks Silverfox and MJ.

Valuable information once again.

[lilly white]

ok are you well, just looking in, please follow the advice you have been given.

 

I will keep a look out for you and will help when needed.

 

Please sleep well you are in safe hands

 

BR lilly white

[DebShe271]

Thank you so much Lilly White - kind regards.

[DebShe271]

Right - been busy last night and this morning. Have found a Post Office open today and have sent two SAR's, one each to the original creditors, and two CCA's to Lowells under separate cover for each account. All first class recorded delivery, with postal orders and care taken over signature (block capitals and crossed through).

Next is the daunting task of the Set Aside forms....