statutory demand letter need help and advice please!!

cazzercoo

hi everyone,

recieved a second letter from red dca this morningstating that they intened to serve a statutory demand against me!! in this letter the details are outlined, stating that a letter of assignment was sent to me on 06/07/2007!! what is this please as i have never recieved it!!

the debt is for a hsbc credit card going back to 2003 for 1598pounds

please if anyone has any advice that would be great
thanks

cazzercoo

hi again, can i also add i have recieved my credit report from equifax and experian and there is no mention of this debt on either!!

cazzercoo

anyone any ideas?? please x

fermi

Have you requested a copy of the agreement for this debt?

If not then do so ASAP by registered post.

Link: Factsheet | Getting a copy of your credit agreement, account details and a statement of account.

You say the debt is from 2003? How long is it since you last acknowledged the debt in writing or by making a payment.

Are you in England/Wales or Scotland?

Lowells may well post you what purports to be a statutory demand, but they are unlikely to make you bankrupt. Despite many threats I can't think of any examples of them actually doing it. It would cost them up to £1,500 in up front fees to do, and they wouldn't even have any guarantee of getting those fees back, let alone the original debt.

cazzercoo

hi fermi

i have sent the first caa letter this morning, so they should recieve it on mon,.

I am unsure of when i last made a payment on this debt as it is not on my credit report, but i am sure it is very close to the 6 years mark, i havent entered into any correspondance with red until today

there is one entry on my equifax report for a hsbc bank account i had and i defaulted on this on 27/05/03, therfore i am fairly certain that the last time i acknowledged this debt would have been some time before may 03. could it be possible that as this debt does not appear on mt credit report that it is over 6 years old??

i am in england

thanks

fermi

cazzercoo wrote: »

could it be possible that as this debt does not appear on mt credit report that it is over 6 years old??

Quite possible.

A debt should only stay on your credit report for six years from the date the default was registered. After that it should disappear.

Lowells are notorious for buying and chasing debts that are unenforceable because they are statute barred or they have no valid agreement.

They often use the threats or issue of a statutory demand as a way to quickly frighten people into paying before they have a chance to discover the debt may well be unenforceable.

If Lowells were daft enough to send the SD then you could easily have it set aside on the grounds that the debt is unenforceable if it appears that is the case.

cazzercoo

thanks fermi

these are old debts from mistakes i made when i was young and nieve, i thought that it was all over until lowell/red stared hounding me!!

it stands a very good chance that this is staute barred so i guess i will have to wait and see what my cca says, thats if they even have a copy.

not one to be easily unerved but statutory demand was new to me and a bit frightening!
xx

fermi

cazzercoo wrote: »

not one to be easily unerved but statutory demand was new to me and a bit frightening!
xx

Which is exactly why certain debt collection agencies are such big fans of using them (or the threat) as a frightener against you.

They know that it will scare most people who don't know much about it. :rolleyes:

See how they respond to the CCA request.

Even if they can drag up a valid agreement from somewhere, you can still require them to prove that the debt is not statute barred.

cazzercoo

thanks again

I guess time will tell, pretty sure they dont have a leg to stand on as i know i defaulted on this credit card way before i did on my bank account!!

fermi

I'm not sure Lowells normally know what "legs" are, let alone have any to "stand on". :rolleyes: :rotfl::rotfl:

Make them prove it every step of the way and don't let these idiots scare you.