Hamptons and 21 Day Stat Demand

[kingdoz]

Dear All, Im new to this forum but really need your advice as I cannot find my answer. Im trying to help my elderly father who became ill after a stroke and ended up with lots of credit card debts. Anyway Hamptons has handed him a Stat Demand which listed 4 seperate debts in 1, but Im not so sure if its a real stat demand or what to do next.

1. Look at the signatures from the letter and the Stat Demand. They are clearly not real (at least 1 is not).

2. Is there supposed to be a court stamp?

3. No Court is circled, although they do list an address of a court.

4. This Grahm Danby has not signed above I am Authorised to make this demand on the creditors behalf. Does he need to?

5. My father believes part of the card debts are for PPI and of course interest of the PPI.

6. My father wrote to them after getting this letter saying he beleives only £1500 or so is owed as he disputes most, and hes willing to pay £25 a month as he is unemployed and ill (of course that was not accepted).

6. I called Lowells/Hamptons and told them its disputed, they kept telling me well you have to get the Stat Demand set aside or pay up. I asked which Court was this stat demand applied from, and the girl did not know - she came back 5 minutes later and said Central London County Court.

7. Unfortunately I have received this from him after the 21 days anyways so am I too late to do anything?

 

I enclose the letter so you can see it and get some help. Under no circumstances does my dad want to be bankrupt over this, and has even asked me to pay this but its alot of money for me.

 

Thansk for all help.

DOC.pdf

[kingdoz]

Hi, did anyone manage to look at the letter attached? My dad is getting iller from worry. Thanks again.

[ims21]

Hi

 

I have flagged this for the attention of the Site Team

 

ims

[citizenB]

It does look to be genuine and the fact that it has been handed to your father means service has been made.

 

You have 18 days in which to have it set aside. I am not sure if you can obtain some kind of discretion in that your father is unwell and this has only just been brought to your attention. Is the court they have given the nearest one to you that deals with bankruptcies ?

 

I will send out some S.O.S for you..

[Undercover-Elsa]

Hi, Just answering the call

 

Dear me, Hampton's are being vicious aren't they?

The first thing I would do is get a letter of authority from your father to deal with this on his behalf.

Have a look here for pointers on reasons to set aside:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

 

Quick thoughts/questions:

Your father may be able to counterclaim on the basis of charges/PPI

Would your father's Doctor/Consultant be able to write a "to whom it may concern" letter regarding his condition?

Is his home adapted to his needs, and does anyone else who is elderly/disabled live there?

 

Hopefully Andy will have more specific advice. Maybe pm 42man too?

 

Elsa x

[DonkeyB]

Away at the mo - get a PM to 42man urgently! Will look in tomorrow.

[AndyOrch]

Subbing, see the cavalry is here:wink:

 

Andy

[42man]

When was the last time any kind of payment was made ? can you remember ?

 

I suggest firstly sending out a CCA request to whoever owns the debt now (Lowells probably) for EACH alleged debt (apart from the mobile phone one), they will all have excessive charges on them too. (and despite what you say if you add 8% compounded interest to the excessive charges, then it may even bring it down significantly lower that the figure you quoted above....

 

Did your father attempt to claim any releif from the PPI ? If he did suffer from a stroke then any PPI should have kicked in to pay either the total or at least 12 months worth of payments (I can only presume this didn't happen)

 

If you have phoned Hamptons / Lowells and told them this then they should have stopped any action due to a bona fide dispute.....

 

Was the statutory demand served by hand to your father ?

 

Is the court named on the demand the closest court to you ?

 

I believe you can file a set aside to an 'out-of-time' demand, there may be a cost but you can get this information from the court......do spend a little time reading here too - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[42man]

I think it may also be wise to send out a Subject Access Request to each of the named companies who assigned their debts to Lowells for good measure, unfortunately this will cost £10 for each (send a postal order if you can) and make sure all letters are sent recorded / registered. You should keep a good paper trail.

[Whattodonext]

Hi All,

 

New here and hoping someone can advise. As of Dec 2011 I started receiving a number of letters from Lowell for 2 Credit Cards and Red for Mobile Phone. Todate I just ignored them, not sure how they made then connection as the last time had anything to do with the companies they've bought the debt from was over 6 1/2 year ago. Anyway, Red have now moved to Hamptons Legal.

 

I wonder whether I should now respond with a CCA request in the first instance. If so, could some please kindly point me in the direction of a current template letter. I understand that after 6 years they become statute barred but that comes with a caveat, that being if the original creditor obtained a CCJ. I left the country all that time ago so would not have received any letter or notices so it could be demonstrated that they tried to enforce one (if issued) in which case it will still be in force. I believe.

 

I've used trustonline.org using the address at the time and nothing comes up but having read their web site there are genuine reasons why it wouldn't show up. I'm happy to start trying to deal with this in the way so many seem to suggest, CCA, default of CCA, Statute Barred, comlaints regarding harassment etc if they continue but, I could do with some advice from those in the know. Please. Many thanks in advance.

[ims21]

Whattodonext

 

You'd be better to start your own thread to save hijacking this one

 

ims

[Whattodonext]

Apologies. Will do.

[Undercover-Elsa]

Any update on your situation Kingdoz?

[citizenB]

Whattodonext

 

You'd be better to start your own thread to save hijacking this one

 

ims

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335472-Lowell-Red-amp-Hamptons-advice-needed.

 

Link to whattodo's thread