Statutory demand received--HELP!!

millymollie

Hi there,
Just received a statutory demand hand delivered for an old credit card debt of approx £4200. This was from a solicitors acting on behalf of Lowells Debt recovery.
It says that the date of default was August 2008.

I am 90% certain that it is more than 6 years since I paid anything off it.

i am planning on visiting a debt outreach service on Wednesday but am obviously worried sick. It says about getting the judgement put aside at court, do I have to pay for this?

I want to dispute the debt as it may be statute barred but then if it turns out its not they may turn nasty and not accept monthly payments, I could afford maybe £40 a month at a push.

Can anyone offer any advice, all replies welcomed thank you.
MM

PS- They have spelled my name wrong on all the paperwork-does that make any differnce-it is defo my debt though

fermi

There is no charge for getting a SD set aside. So if you think you have grounds, then do it.

Especially as Lowell are currently making a lot of people bankrupt.

See: Note of caution - Lowell portfolio/financial/Hamptons Legal & bankruptcy proceedings

spacey2012

99% certain it is a bluff.
Why would a debt collector make you bankrupt ?
They would get absolutely nothing.
this tactic costs them the price of a sheet of paper and a stamp or someone to serve it.
I would start with checking credit reference agencies for dates and then call their bluff .
In the highly unlikely event they set the application at a court, if it is statute barred you have an absolute defence.
You might even make a few quid on the expenses.

Anondebtadvisor

spacey2012 wrote: »

99% certain it is a bluff.
Why would a debt collector make you bankrupt ?
They would get absolutely nothing.
this tactic costs them the price of a sheet of paper and a stamp or someone to serve it.
I would start with checking credit reference agencies for dates and then call their bluff .
In the highly unlikely event they set the application at a court, if it is statute barred you have an absolute defence.
You might even make a few quid on the expenses.

Unfortunatley Lowell Financial DO NOT BLUFF!

I deal with several people a month who lowell bankrupt, they do not mess about!

I had a client who they made bankrupt for £1700....... Crazy but true

spacey2012

Then if that is the case, I suggest the OP contacts FERMI who can inform them how to defend it correctly.

millymollie

Thank you for the replies so far. Scared stiff at the thought of bankruptcy.

So until I can get to the debt outreach on Wednesday, should I check with the credit agencies.
If the debt is not on there, does that mean it is statute barred?
If it is on there then obviously I have to pay- any idea if they will accept monthly payments?

Should they have put in a copy of the original credit agreement with the paperwork they gave me or doesn't that make any difference.?

Sorry for all the questions I can't think straight at the moment.

fermi

I would start a thread on the consumeractiongroup legal forum:

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

and perhaps

http://www.legalbeagles.info/forums/forum.php

for more targeted help on legal matters like this.

millymollie

HI
Just been on my Credit Report and the debt is on there, it says default date August 2008, the card was originaly taken out in 2002.
Any advice on what I can do, it sounds like Lowells try to make people bankrupt for relatively small amounts of debt, I am terrified now.
Thanks in advance

RAS

The defaukt date should be 6 months after the last payment, but do you have any record of the last payment, as that is what matters, not the default date.

millymollie

Hi RAS,
I have no idea when the last payment was made unfortunately
On my credit report, on my mortgage and other debts I can go back to see the last 6 years payments, but on this debt I cant view any payments, does that mean it was over 6 yrs ago?

millymollie

HI
Just some more questions about the SD I have received from Lowells firm of solicitors.
-If I can beg/borrow the money to get the debt down to under £750 will that mean the SD is cancelled?
-If I can't do this-and they don't accept monthly repayment offers-will they go for bankruptcy?
-My house is in mine and ex-husbands names(couldn't afford to buy him out) Can they force the house sale if its not solely in my name?


Just on another note- when I checked my credit reports, some of my debts are showing as settled even though I am still paying various DCA's in installments- is this correct?

Many thanks xx