Lowell portfolio - served me SD - HELP!!! *** WON + FULL COSTS ***

[dx100uk]

my name.

no the owner

 

dx

[khemist]

As I go through the template I am questioning authenticity of the SD - The form I have with a cover letter from Hamptons Legal - is a form 6.1 - it says at the back to contact ---xx litigation manager at lowelss enterprise house? is there a post of what a real sd should look like?

[khemist]

no the owner

 

dx

 

It says lender - Lowell

[khemist]

CRA says last status of the account is unknown account opened 2002 - defaulted feb 2007

[dx100uk]

who name is against it?

 

i'e if it were a halifax credit card

it would say halifax

 

who name is against the debt?

who is the OC [original creditor]

what name is against is now

if its not lowfile

they cant issue an SD against you

they dont OWN the debt?

 

dx

[dx100uk]

right so lowlife have brought the debt

just making sure

 

dx

[khemist]

who name is against it?

 

i'e if it were a halifax credit card

it would say halifax

 

who name is against the debt?

who is the OC [original creditor]

what name is against is now

if its not lowfile

they cant issue an SD against you

they dont OWN the debt?

 

dx

 

Sorry for sounding thick!

 

OK still a bit confused - in front of me I have my file open on line I also have a hard copy

 

On the CRA it says: Lender Lowell - account type Credit card -

 

On the SD it says original creditor Capitol One Bank PLC - assignees Lowlife ltd [nicked your name - luv it]

[khemist]

right so lowlife have brought the debt

just making sure

 

dx

 

cool glad I got there...

[khemist]

it says in part b of the stat demand any communication to a mr G.D. enterprise house leeds.

 

And am I correct date of service would be the 24th Jan when delivered not 12th Jan as per stat demand?

[khemist]

Is that not naughty there is no postmark it was hand delivered could they not say they posted it nearer the 12th?

[khemist]

To clarify - I send that request to the named person on the demand at Hamptons/lowlife?

[dx100uk]

what happens is this:

 

the oc probably sold it on and reclaimed it against tax.

 

these dca's go around buying debts on a phishing list

then fire of several threat-o-grams

to see if they can catch a mug.

 

in this instance

they have decided

for good or bad

[their bad really as they are using the SD as a debt collection tool]

to fire off an SD.

 

they'kk come unstuck in the end

 

the oc sold it for good reason

if the majority of the balance is penalty charges

and

ppi

then they'll give up once you fire off a couple of spreadsheets.

 

i bet your reclaim of the two will outweigh the outstanding balance

 

now there night be a short answer to this.

 

VERY recently we found out this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335644-Capital-One-fast-track-default-charges-and-PPI-claimback-(no-SAR-req-d)&p=3697398#post3697398

 

phone them monday

get a figure for the charges

and

one for the PPI

 

if those two put together kill the debt

 

unlucky lowllife!!

 

dx

[dx100uk]

To clarify - I send that request to the named person on the demand at Hamptons/lowlife?

 

i think so

 

can you just await the morning crew

 

to be honest legal is not my exact game

 

just sometimes fire-fight in the early hours so's people can atleast get settled and sleep

 

time for me to do the same

 

glad to of helped

 

dx

[khemist]

Should there be a court case number? on the SD

[khemist]

i think so

 

can you just await the morning crew

 

to be honest legal is not my exact game

 

just sometimes fire-fight in the early hours so's people can atleast get settled and sleep

 

time for me to do the same

 

glad to of helped

 

dx

 

Thank you so much - sorry to have kept you awake - I will wait and continue reading - thanks again...

[Isiris]

As you have the original letter that stated he would try again on 24th to serve, they cant really set the clock from the 12th as they have admitted that they have been unable to contact you.

[khemist]

As you have the original letter that stated he would try again on 24th to serve, they cant really set the clock from the 12th as they have admitted that they have been unable to contact you.

 

Thanks

 

I realized this at 5am

[khemist]

Good afternoon all. A special thanks to dx and anyone else for assisting me late this morning, I forget others have lives of there own...

 

Just to clarify I am sending a CPR 31.14 to the named person on the stat demand? [is this the same as a CCA request?]

 

Do I need to send any monies as per a SAR form? Do I need to send both or just the CPR?

 

Do I send anything to the court for setting aside yet or await the response? from lowlife?

 

Does the CPR halt any court proceedings?

 

Thanks again in advance.

 

Khemist

[khemist]

I have just read this from a previous post - does this mean a CPR is invalid?

 

[because the SD is simply a document in prescribed form delivered by the creditor, there is no involvement of the court or ‘court issue’. The Civil Procedure Rules (CPR) do not apply to the demand (with the exception of certain of the CPR cost rules). The rules which control the procedure are IR in which there is no provision corresponding to the CPR for disclosure of documents or Further Information.

I have seen it suggested that a means of obtaining evidence is to make a request for a copy of the agreement and statement of account under CCA 74 section 77(1) or 78(1), claiming the added sting that if the request is not complied with the creditor’s power to continue with enforcement will be restrained.Invariably by the time the creditor is thinking about bankrupting the debtor the agreement will have long since terminated. Sections 77 and 78 have teeth only in so far as requests are made during the currency of the agreement.]

 

http://www.consumeractiongroup.co.uk...ml#post1738221

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?318698-Connaught-Collections-Statutory-Demand-Received-**SET-ASIDE-GRANTED**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED

 

2 threads where stat demands have been issued. You might want to have a read of these to see what you need to do.

 

You have 18 days to get this set aside/dismissed.

[khemist]

http://www.consumeractiongroup.co.uk/forum/showthread.php?318698-Connaught-Collections-Statutory-Demand-Received-**SET-ASIDE-GRANTED**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED

 

2 threads where stat demands have been issued. You might want to have a read of these to see what you need to do.

 

You have 18 days to get this set aside/dismissed.

 

Hi there, thanks citizenb based on your post I read the 2 thread - must admit it scared the life out of me [having to go to court]

shall I go with statute barred - to set aside since they have to prove otherwise?

 

as well as a cra to lowell and capone as well as a sar recorded delivery monday?

[khemist]

Shall I counter sue for charges right now? the card was an original £200 limit card the debt is around £1300 thats aprox 1100 in added whatever - this not being stated anywhere...

[khemist]

Do I send a SAR and CRA and CPR to both hamptons and lowells and the OC?

[khemist]

It seems like everyones busy or not around!

 

I eagerly await...

[citizenB]

Subject Access Request will be sent to the original lender.. always.

 

CPR goes to the solicitor or the person named on the SD for service.

 

I think you mean CCA and not CRA.. if so then you will send that to Lowells.

 

You COULD ask for it as part of the CPR request.

 

Only send the statute barred letter if you truly believe it is or could be statute barred. If it is likely that there is say more than 3 months to go.. I dont think you will get away with it.

 

Statute barred time is started from the first payment you missed....

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.