Statutory Demand Advice

[balok66]

Hi, Newbie here,

I've recieved a statutory demand for an old debt over £750.00 which is over 6 years old with no acknoledgement or payment within the 6 year period. I've had statutory demands before but never ones which were hand delivered.

 

I intend to respond to the statutory demend with a Statue Barred letter, depending on the response I will then set aside at the local court, request CCA and breakdown of account.

 

If they can produce the CCA and the breakdown, I will then make a decision on what, if anything I should pay to avoid court.

 

Any advice ? Am I doing things in the correct order.

 

Many thanks

 

Balok

[42man]

If the alleged debt is indeed statute barred (and it is likely that the creditor knows this) then you go for the jugular and set this aside and claim your costs in court....you can find plenty of links here - (just be cautious of older cases however as some of the statute has changed) - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

If you need any help then please shout....

 

As for your letter then something along the lines of this below and send it recorded to whoever owns the debt now....(Is it Lowells by chance ?)

 

Dear Sir/Madam

 

I am in receipt of a hand delivered statutory demand from your company.

 

Please let it be known for the record that the alleged debt is statute barred, I have no intention of paying towards a debt that is statute barred and I would suggest that it would be prudent of you to withdraw this fatally flawed action. If I do not hear from your company within 7 days then I will set this aside and claim my costs in court.

 

I will also be forwarding this frivolous demand to the Office Of Fair Trading as it seems in clear breach of The Consumer Protection From Unfair Trading Regulations 2008.

 

If you fail to respond to this letter within 7 days, when the isuue of costs arises I will have no hesitation in showing this letter to the Judge.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

(type your name do not hand sign)

Edited September 24, 2012 by 42man

[balok66]

Thanks for that, it's one of Lowell's friends...BW Legal.

[42man]

Can I please urge you to report this to the OFT, and keep us posted with their response.....The best form of defence in situations like this is attack. If you really want to cover all bases then do send off for a CCA to Lowells (unless BWLegal own the debt)

[42man]

Just edited the letter slightly....

[balok66]

Just one question though, by sending the 'statute barred' letter, I am acknowledging the debt in anyway.

 

The reason I ask, is that I'm 100% of the age of the debt, but only 99% sure my last contact / payment / acknoledgment was over 6 years old.

 

The default date stated was 2008 which is an absolute work of fiction but I understand this really doesn't have any relevance ?

 

Thanks

 

B

[42man]

You seem to be clued up.....you are right. If you want to then you can call it an 'alleged debt' and state that you have no intention of paying towards an alleged debt that is likely to be statute barred....

[balok66]

BW Legal don't own the debt they are acting on behalf of lowells....I wonder if Lowell's have an interest in BW or actually own them ?

[unclebulgaria67]

Don't forget to check for any CCJ just in case, as the debt may then not be statute barred.

 

http://www.trustonline.org.uk/

 

If there is a CCJ, I am not sure why they would use bankruptcy threat, rather than just enforce the CCJ.

[42man]

Just check the addresses....!!!

[42man]

What Lowells are doing is issuing demands in the hope they can destroy a few people before the OFT take action....

[42man]

Or frighten those who don't know into paying.....it is a clear attempt by them to use the demand as a debt collection tool....their gloves are off, so should yours (and everybody's else's who get these types of demands...)

[balok66]

No CCJ's......thanks for the advice. I'll post the letter today recorded and update once I've had a response.

 

Thanks again

B

[42man]

I think it is run by a few ex Largo employees

[unclebulgaria67]

What Lowells are doing is issuing demands in the hope they can destroy a few people before the OFT take action....

 

Why would they do that ? If they are told off by the FOS, then it could cause them problems i.e any sanctions. Plus the staff authorising would be vulnerable to losing their jobs, if their bosses did not stand by them.

 

Actually I don't think there is anything wrong with issuing SD's, as judges appear to have given them the green light. I remember reading on here about judges telling debt companies to stop miss using the insolvency system, but then there were many cases, where judges appear to have been told to just accept bankruptcy threat being used to enforce everyday debts. So I reckon that judges have been given new directions, by whoever.

 

The problem for me is that the DCA's don't appear to have the full accurate information on the debts, before the SD's are issued. Surely, before they issue them, they should have full account information from the OC's ?

[42man]

Did you ever see this Unclebulgaria - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[unclebulgaria67]

Did you ever see this Unclebulgaria - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

 

Yes I have seen that before. I think Lowells would say that they intend to go through with bankruptcy if they could not reach payment agreement and the SD's are not just a threat.

 

If it would be proved that Lowells were issuing SD's where they should not be doing so. e.g. statute barred debts, debts in dispute, then I think Lowells would be in trouble with the OFT.

 

The problem is that the OFT does not investigate too much. Have they made any enquiries about the proportion of accounts, where Lowell issue court claims, rather than SD's. If Lowells are using SD's as a main collection tool, then that is wrong.

 

I wonder whether CAG could compile a file of cases where SD's had been wrongly used and look to make a super complaint to the OFT on behalf of people.

[balok66]

I had a statutory demand from Red (one of the Lowell group) which I responded with a CCA request. 4 years later I've heard nothing.

 

So kind of proves there using them as a collection tool.

[BRIGADIER2JCS]

Just one question though, by sending the 'statute barred' letter, I am acknowledging the debt in anyway.

 

The reason I ask, is that I'm 100% of the age of the debt, but only 99% sure my last contact / payment / acknoledgment was over 6 years old.

 

The default date stated was 2008 which is an absolute work of fiction but I understand this really doesn't have any relevance ?

 

Thanks

 

B

 

 

Have you checked your credit reference files yet???

If not it would be wise to do so.

 

A claim that a debt is statute barred will not reset the 6 year clock if properly worded.

 

If the debt is statute barred before the SD was served it is irrelevant.

[sillygirl1234]

I think it is run by a few ex Largo employees

 

When I made a payment on friday to B W legal its appeared on my bank account as payment to "LARGO LAW"

[balok66]

Well, it's now been 7 working days since my 'statute barred' letter was sent / recieved and still no repsonse.

 

I wonder what they may be up to ?

[42man]

In which case you should now set aside the demand.....

[balok66]

Sorry, my didn't immediately appear.

[42man]

Do you need some assistance with the 6.4 / 6.5 ?

[balok66]

Would it also be wise to send off for CCA and Breakdown of account, so it can be included in the set aside statement ?