Threat of Statutory Demand

vax2002

I wonder what the level of flagrancy damages would be if the OP were to be ordered Bankrupt and it were to be proven that this was not their debt ?
This company are sailing very close to the wind and getting very cocky indeed with the SD system.

fermi

Just a few recent Lowell victims.

Help please - I'm bankrupt and didn't know it.

Been made bankrupt !!

URGENT HELP PLEASE - Bankruptcy petition advised by Land Registry

Lowell portfolio and bankrupty petition

Help Required - Lowell

Holly1979

Hi Everyone,

Thank you so much for your replies..They have helped me allot. I now have the Statutory Demand it was delivered to my previous address yesterday and is from Hamptons Legal.. The Statutory Demand states I owe £2290.07 and depite previous written and verbal requests for payment being made by the creditor to the debtor the balance remains outstanding. I have not received any correspondence whatsoever and they did not even have my telephone number (as they advised yesterday when I called them) so they could not of called me. I have requested all statements and details of where goods were delivered to etc.. What should my next move be? Shall I call or write to them again or should I apply to the court to get this set aside. I am concerned as the date on the stat is 15th Feb but it was only delivered yesterday. Thanks in advance of any advice

fermi

First of all I would write to them and tell them that they have 7 days in which to voluntarily withdraw the SD, otherwise you will apply to have it set aside and will claim costs against them.

Then start thinking about how you will word the set aside application. I would work on the basis that these fools won't withdraw it. The set aside application costs nothing, so you would be as well to at least be ready to submit it and would probably do so regardless.

I also wouldn't depend on Lowells sending you any info about the debt prior to the 18 days being up, and I would work on the basis that they won't.

You have 18 days from the date of service, not the date on the demand itself.

Also give National Debtline a call: freephone 0808 808 4000

and read their factsheet.

Link --> Dealing with a statutory demand

fermi

Also have a look and maybe post here:

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

There are plenty of successful stat demand set aside examples in the DCA Legal Successes sub board

Holly1979

Hi Fermi,

I know I should not of rang Hampton's but as I feel i've got nothing to hide as the debt isn't mine I did just that. I was advised that the account is put on "Hold" until the client sends through paperwork etc.. I have asked for a signed credit agreement (which I no they can not have, well at least not signed by me) I told them I would like them to put in writting that the SD would not be actioned. I was advised they could not do this but "assured me" it was the case... what a laugh!!! what kind of company is not allowed to put what they are saying in writing. I advised i would be applying to the court to have the SD set aside and would be seeking advice re costs. They told me this action is not necessary at the moment, but I do not beleive a word they say so I am taking your advice and am going ahead and filing to have this set aside in court. Thanks for all your advice Fermi and others

fermi

I certainly would. What Lowells say over the phone is not to be trusted.

If you ignore it and leave it, then you could well find the time expiring and an actual bankruptcy petition landing on your/their doorstep, which would be 10x more hassle to sort out.

Lowells frequently mess up the procedure, either due to incompetence or deliberate effort, meaning that people suddenly find themselves made bankrupt without warning when they thought it couldn't or wouldn't happen. Several examples in the links I put up a few posts back, where people got a nasty shock and then have to fight to get an actual bankruptcy overturned.

FireWyrm

Holly

What a load of codswallop.

Ok, next step. Write to them, send them this by special delivery (and I dont mean just signed for). It must get there by tomorrow and you want proof of delivery.

Re : ID number of the Stat Demand and any other identifying information so the CSO can find it
Dear <scumbags>

I am receipt of your recent correspondance on <date> which states that you are seeking to apply a bankruptcy order against me and to that end, you have supplied a Statutory Demand for <amount> on <date> as agent acting on behalf of <creditor>. I protest most strongly. Your organisation has not proved the debt belongs to either me or my address despite repeated requests both written and verbal. Your organisation is required by law to prove the provinance of a debt and that this debt actually belongs to the person being pursued. Proof must consist of, but is not limited to, a true copy of any credit agreement signed by myself, a full statement of account, dates of default and amounts. Since I can find no evidence of this so-called default on my credit file, I can only assume that your organisation has somehow associated a completely innocent person with this activity and now your organisation is seeking to cause further financial distress with heavy handed tactics.

I have contacted your office to seek advice on <date>. Despite being told to do otherwise by various operatives in your call centre, I will be aproaching the court in 3 working days to have this Demand set aside. I would like to remind your organisation that it is not only my right, but my obligation where my financial affairs are concerned. I caution you that should you continue to refuse a full investigation into this fraudulent activity or unilaterally withdraw the Statutory Demand which has been attached to my name, I will be petitioning the court to have costs awarded against your organisation and in addition will begin punitive action with regard to the unlawful harrassment I have suffered. I will not take this lightly. I have been the victim of the indemic culture of incompetance prevalent in your organisation which continues to ignore, harrass and otherwise cause distress to entirely innocent people.

It should also be noted that a formal letter of complaint regarding your behaviour has been dispatched to the Office of Fair Trading who advise me that they are well aware of your organisation and its behaviour. They also advise me that they are compiling a dossier of evidence to which I have gladly added mine.

I require your full and unequivocal co-operation in this matter. I expect to recieve such documents as I have outlined which will prove the debt belongs to me. If you cannot provide this information or willfully continue to neglect this case, then I will begin proceedings against you immediately.

I have been rather more patient than was strictly necessary, but now, considering the seriousness of the situation you have left me no recourse except a legal one. I trust that I will be hearing from someone in your organisation who posesses the necessary authority to investigate this situation immediately, but if I do not, I will proceed with the court regardless.

Yours Sincerely

<YOU>

Holly1979

Thanks for a brilliant letter Firewym. I will forward that today and keep you informed on here of next move by them

eyeopener2

Superb Firewym, simply superb.