Hamptons/Lowell SD threat Natwest Loan/current account - Statute Barred? *** WON + COSTS **

[42man]

In that case the court probably won't have anything.....if you have never seen a statutory demand then you will get a chance to defend at a petition hearing. The statute barred aspect hopefully will be strong point for you (as long as the debt is indeed statute barred)

[42man]

I think for good measure a CCA request to Lowells might be a good move....the sending of a SAR is a good one too...

[giveITallback]

I thought they were trying to serve papers,

in other words advise me of their intent and

I would then indeed receive papers from the court.

 

 

As I've sent off the SAR does this help me if there is a hearing at a future date?

 

 

I sent it recorded delivery

 

 

however as mentioned not sure I enclosed the fee

 

 

but have not heard anything back in relation to this.

 

 

What should I do at this stage?

 

Many thanks

[42man]

The SAR should have been sent with £10...

 

 

, you could possibly write to Lowells and explain that you have never seen any statutory demand,

 

 

request that they send you a copy,

 

 

you could also enclose the CCA request with it too.

 

 

Make sure you send anything recorded delivery.

[giveITallback]

Hi,

 

OK so will send them the above and enclose £10 from my previous SAR that was sent without it

 

 

or should I simply wait for them to request the missing £10 for the SAR that was sent weeks ago as to date there's been no acknowledgement.

 

Thank you kindly

[42man]

If it was me in your position then I would certainly resend it with the £10....this goes to the original creditor

[giveITallback]

Quick update,

 

 

they've gone well passed the original 40 days but have since replied saying they will action soon my SAR request.

 

 

They have stated that they will only provide recordings of my dealings with them directly.

 

 

They will not provide any other information before the alleged debt was passed to them.

 

 

I would need to SAR the original creditor for those details.

 

 

Does that sound correct?

 

Many Thanks

[giveITallback]

Aaahh just realised I should be sending this to the original creditor, damn.

 

 

So I should send this again to them?

 

 

I've already got a response from the DCA..

 

 

Will the SAR to the DCA serve me with any purpose in all this?

 

Thanks

[giveITallback]

Can you point me in the direction of the CCA request please

 

 

and I'll get that sent off immediately to the DCA.

 

 

Apologies for the slow progress I'm currently suffering with a condition that's making it hard to face things at the moment.

 

Thanks again

[42man]

In my signature below. The SAR to the DCA is less valid than the SAR to the original creditor but you may still get some interesting information from them, such as assignment details, dates on any payments made etc

[giveITallback]

Hi,

 

Can you point me in the direction of where I'd Send an SAR to Natwest please.

 

Many Thanks

[42man]

Here you go - http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

[giveITallback]

OK update as I've recieved correspondance from not one, not two but three differently named companies.

To Say I'm getting a little confused is an understatment.

 

A company called Lewis Investigation wrote in August to inform they have been directed to serve me with a Bankruptcy Petition

on behalf of Lowell Portfolio and had called at my address.

 

 

They said they'd try again at a later date and advised me to ring them.

 

 

But at this point I'd seen no petition or had any further communication from the court.

 

 

I've called the court on several occassions but it just rings out once I get through to the correct department.

 

Lowell Portfolio have written to me acknowledging the SAR and apologising for the delay

and will issue within the prescribed time, presumably since I sent the 2nd letter with the missing £10.

 

 

It's now over 60 days since the original letter and about halfway through the 40 day time frame for the second.

 

I recently got a letter from Hamptons saying I should be in receipt of the SAR, I am not.

 

 

It then goes on to include a copy of the satutory demand and statement of service of document

which was affected by Lewis Investigation Services.

 

 

There is a report included stating from Lewis to Lowell that documents have been served back in March 2012 (yeah right!!)

 

 

There is then a bankruptcy statement and a copy of a Statutory demand.

 

 

Why have I never seen this and why has no court been in touch?

I smell a rat!

 

I am sending off an SAR to the OC today and

 

 

should I expect a copy of the CCA and assignment of debt with the SAR

 

 

I've already sent to Lowells and/or the one I'm sending to the OC

 

 

or should I not wait and request them both as well today?

 

Thanks

Edited September 20, 2012 by giveITallback

[42man]

Do all you can at this stage to get information, you have to be shown to be making more than a reasonable attempt to gain information.....

[giveITallback]

SAR to OC and CCA to DCA both fired off with the enclosed fees. I'll be back in touch once I have anything new to add.

 

Bestest Wishes

[giveITallback]

I can't seem to find Natwest's address for the SAR.

 

Help

[giveITallback]

Anyone, I don't have any up to date docs so I don't want to send it to an old/invalid address.

 

Thanks

[BRIGADIER2JCS]

135 Bishops Gate

London

EC2M 3UR

[giveITallback]

Thanks,

 

I've checked through old statements and can see unfair charges totalling £1600+ not including interest. Can you still use these in any defense? Better still can you claim these back to offset any enforceable debt?

 

Regards

[giveITallback]

Anyone?

[42man]

Yes you can use this (as part of the dispute). It is (with other facts) part of a substantial dispute...

[giveITallback]

Can you claim them back now or is the unfair bank charges a thing of the past.

 

 

I mean if I have to pay the debt back

 

 

can I ask for these charges and interest be removed from the balance o

 

 

r would I have to fight that point perhaps at any court hearing also?

[42man]

You can certainly start the process BUT attempting to gain the charges back and then not paying back (on a statute barred debt) could be seen as unjust enrichment.

[giveITallback]

Haha no i wouldn't do that!!

 

 

After going through bank statments I'm sure that I've made payments in the last 6 years tbh

 

 

So I guess if the debt does have to be paid I can then seek to reclaim these charges and offset against the balance?

 

 

Am I right in thinking that if the SAR comes back showing payments my only hope is they can't produce the CCA

or any assignment of transfer of the debt.

 

 

It's been through 4-5 different DCA's although I'm not sure if they're all the same.

 

 

If they can produce then I will have to pay it?

 

 

And if so I can then dispute any Bankruptcy on the grounds off the account being in dispute

 

 

and consisting of unfair charges and interest?

 

Thanks again

[giveITallback]

Anyone the above?

 

Also I have gotten my credit files in the last month and can see that one of the DCA keeps doing searches on my account in 2012? Can they do this? I assume they can if they can provide evidence of my CCA and also an assignment of debt.

 

No SAR details or any other docs have been received as yet.

 

Cheers