Threat of Statutory Demand

Holly1979

Hi There,
I would be grateful if anyone can offer any advice to me as I am worried sick.. I have had a hand delivered letter from an agent of Lowell Finance delivered to a previous address of mine (a family member passed it onto me) I have been advised that I will be served with a Statutory Demand at the premises tomorrow at 2pm. I was told if i was not present the demand would be posted through the door and classed as served upon me. I have asked what this is all about and the server said I owed £2000 to shop direct. I have never heard of this company and have not lived at the premises the agent called at for 4 years!! I did not advise the agent of my new address..what do I do now?? Please any advice welcome as I don't know what to do. I have heard I have 3 weeks from date of service to apply to have this set aside. I am worried as the agent said they would be applying for bankrupsy proceedings..:(

fermi

Shop direct are the same as Littlewoods, Very, Kays etc.

So could you owe this on catalogues/online shopping?

Holly1979

Hi Fermi,
Thanks for info, but I have never used catalogues and if I order anything on line I pay using a debit/credit card. I know the house was rented out for awhile I am beginning to wonder If someone has used my name to obtain goods.. I don't know where to get advice on this

fermi

Sounds a possibility. Or that Lowells have incorrectly traced someone of your name or a similar one to that address.

First of all, see if this stat demand really does get served. Then we can go from there.

Who to talk to? Well, at least give National Debtline a call. Freephone 0808 808 4000. They are very good.

Should this be a case of someone taking something out fraudulently in your name, then you would need to report to the police/actionfraud to get a case number.

Then you would need to get the SD set aside or voluntarily withdrawn on the basis that it is not your debt.

FireWyrm

Fermi is right. First, dont panic. This is a civil debt if indeed it even is your debt which you maintain isnt the case. Dont be frightened by the official sounding title and heavy tactics, it's all to get you to pay up regardless of the legality of pinning it on you. If it isnt your debt and you seem certain that is the case, then you have legs to stand on and the law on your side. As Fermi says, see if the paperwork gets served. Your next move is to investigate by demanding that Littlewoods supply proof of the debt. Proof means your correct name, address, date of birth, statement of account, date of default, amount, where the credit was taken out and in who's name. If it isnt your debt and this is fraud as we suspect, then they wont be able to supply the correct details, or something wont match, usually the date of birth. Then it's easy, just write a letter stating the incorrect information and demand that they close the issue as you are not the debtor. Dont be afraid to scream harrassment and whatever you do, do NOT allow anyone into your house for any reason, and that includes needing the loo. They have as much right on your property as the paperboy and you are under no obligation to answer any questions what so ever. You also need to get your credit files and find out if this is an isolated incident, or whether there is something more sinister going on here. You could well be the victim of larger scale fraud, not just a one off, so you need to know now so you can take steps, or this is just going to get worse.

Unfortunately, debt collection agencies dont tend to give a rats !!!!! about getting the right person and will use every trick to pin it on you. Never respond to their intimidation and do not sign your name to anything - even if it's a "form" saying that they "called" at your door. You need to take this one step at a time and it all needs to be documented, so, letters, not emails or phonecalls.

I would say relax and enjoy the ride, but I know you must be feeling very worried and scared right about now. Dont be. There is zero they can do and even if it does end up in court, you need only provide your correct name, address etc for it to get thrown out and the company reprimanded. You do however need to be absolutely sure that this isnt your debt, that you havnt simply forgotten about it because when it gets to that stage, you had better be well and truly in the right, or it could go badly wrong for you. Let us know what the paperwork says if indeed it ever does actually materialise. Otherwise, ignore all correspondance from them or if you're feeling daring, send a Prove It letter to them. Templates are available from the forum, or one of us could write something suitably pointed which you can just change to suit.

Holly1979

Hi There,

Thank you so much for the replies and good advice. I have spoken to Lowell Group this morning and they have gone through the history of the accounts with me. As I have said I have ordered through some of these companies in the past but always paid with my debit card. They have all my personal details correct apart from my works telephone number (never heard of the number they quoted) and my email address is .co.uk and they quoted .com. They are sending my history of the accounts, they say they were all taken out online.. They have told me they are going ahead with the Statutory Demand being served. Shall I give them my new address? Will it be classed as served if they post it through my previous address letter box as they are planning to do? Also one last thing what is the cost of having this set aside and can I claim anything against the company for persuing me like this for a debt that isn't mine?? Thanks again for all your help

FireWyrm

OK, talking to them wasnt the best option but I understand your anxiety and why you did it.

1) They are convinced you are the one, but the law says that the burden of proof is on them. You need to find out what mis-match there is between the information they have for you and what you know is correct. That's your defence and the only way to prove that it isnt you.

2) Dont give them your new address. It's up to them to prove you were at the address quoted. If the accounts were opened for that address long after you left and you can prove it, then they will look stupid.

3) If you are convinced this is fraud and you genuinely did not open this account and it just slipped your mind, then get yourself down to the police and report it. You need a crime number. When and if this gets to court, they'll have more trouble if you have a real crime reference number backing your story.

4) Write to them objecting strongly and demanding proof of the debt. Be polite, but you are the wronged party here and you are demanding that they adhere to the law. You wont pay a penny piece until they do. Since it isnt your debt, they cant prove a damned thing.

5) They can serve it to the previous address, but you need to make sure you get hold of it somehow without letting on your new address. You need to intercept this and either head it off completely, or be there when the court summons comes in. If they are going for full bankrupsy, then you must be informed and given a chance to appear and defend yourself. They cannot bankrupt you without telling you!

6) Do not sign anything, even the letters you send as correspondance. Use a digital signature, just type your name and dont include your middle name or something like that. There must be a discrepancy somewhere in the information because a fraudster would not have all the information necessary to complete the application.

7) What do your credit referenc files show? Are there any other incidents? If there are, you want to handle them all together as a job lot. You look allot more like a victim if you can site multiple instances of fraud that you have just become aware of - and all due to this address...etc. You get the idea.

When did you leave the other address and do you have anything to prove it? Rental agreement perhaps? When were the accounts opened? Was there any attempt to pay? If there was, you need the account number of the account that paid some of the debt. If you can prove this wasnt you, then you're on a roll.

Yes, the burden of proof is on them, but you need to be a bit proactive here too. Unfortunately, it sounds like someone has you bang to rights and you are going to have an uphill struggle to prove otherwise. Hang in there - this is civil, not criminal so you're under allot of protection from the law.

vax2002

It must be served either in to your hand or placed at your feet.
They need proof that it has been served and you are that person.

The Normal procedure is to knock on your door, Mr blah blah ? (needs conformation)
Document to be placed in your Hand, or if refused twice can be placed on your feet.
It can not be just "posted" through a random letter box.
Any statutory demand challenged in court without very good evidence of been "served" must be struck out.
This is not a housing order, it must be served, not posted.

fermi

vax2002 wrote: »

It must be served either in to your hand or placed at your feet.
They need proof that it has been served and you are that person.

The Normal procedure is to knock on your door, Mr blah blah ? (needs conformation)
Document to be placed in your Hand, or if refused twice can be placed on your feet.
It can not be just "posted" through a random letter box.
Any statutory demand challenged in court without very good evidence of been "served" must be struck out.
This is not a housing order, it must be served, not posted.

Complete rubbish.

An SD and petition can served by "substituted" service to the last known address if the server is unable to effect prompt personal service.

That can be by insertion through a letter box or even 1st class post for the SD. As long as the server swears an oath to the court that personal service was attempted, then the above is valid.

National_Debtline

Hello there.

If this is a potential fraud situation then the lender HAS to investigate it. The Fraud Act 2006 placed an obligation on them to take further action and report the crime to the Police if need be. As already mentioned early do make it very clear to Lowell that this is a bonafide dispute.

Are you in mortgaged or rented accommodation?

fermi

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/insolvency_pd.htm#IDAYPVJC

The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected. Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or by insertion through a letter box.