HELP Statutory Demand

lowellcrooks

rog2 wrote: »

Can anyone actually cite a case, where the creditor/dca has actually faced legal proceedings as a result of committing the crime of not providing the legally required cca within the allotted time-span.
Personally, I think that it is wrong for the Police not to act in a case where the law has been, quite clearly, ignored. It's not that long ago that the Police wouldn't intervene in cases of domestic violence.
I wish you well, lowellcrooks, and feel, strongly, that plymouthvictim must insist that the Devon and Cornwall Police take action. A crime has been committed and reported - what are they afraid of? Perhaps they feel that this could develope into a 'test case' such as the current 'bank charge' case, but this is now a criminal matter and the Police have a duty to press charges, and, so what, if the case goes on for months - it will definitely send out a strong signal to the arrogant element, of the debt collection mafia, that they are not above the law.
I would be inclined to complain to my MP, pv.

They AREN'T committing a crime by not replying to your CCA Request within timespan!
It becomes a crime to harass or threaten you if they DON'T respond in 44 days:
Here is my understanding of it:
They sign for your request and pound payment on 1st. January say.
You receive NOTHING by 13th. January, now you are free from civil action via the courts on technicality of non-provision as full defence in proscribed period. HOWEVER it still means they can ASK you for payment, as it doesn't necessarily mean you don't owe the debt, just they can't use courts to collect it.
OK, you still haven't had contact or received your CCA request by 14th.Feb another 32 days. THIS IS THE CRUCIAL TIME.
Their lack of response can be construed as tacit admission that you don't lawfully owe the alleged debt and they will not be pressing for payment,as they should have done this AFTER the 12 days had expired but BEFORE the expiry of the 30+2, but obviously NOT in a civil way as that 12 days had gone.
THE ALLEGATION IS THIS: (C.I.D./POLICE PLEASE UNDERSTAND IT!)

Having had NO response in the 42 days, to suddenly MISUSE a staute (in this case a SD) by issuing it in a DISPUTED matter that is now clearly NON-ENFORCEABLE in civil law, is a criminal act of harassment in Breach of AOJ Act 1970, causing undue worry,distress or pressure to extort money by way of threat on an individual.
THAT IS OUR INTERPRETATION and the basis for my criminal allegation, but getting a copper to understand this is nigh on impossible - remember of the 4 people who failed to get 1000 pounds on Who Wants To Be A Millionaire so far, one was a teacher, a couple were retired teachers (remember the famous 1K question one about the Archbishop of Canterbury being an Amphibian and NOT a Primate in a 50-50 choice...) and 2 were serving policemen.

I have asked them the question, that at what point do they ever consider criminal proceedings under the AOJ Act?? They can't answer at the moment (they are 'getting back to me' on it..) but I wonder? A vanload of thugs at the house? A bomb under my vehicle? Kidnap of a relative?

Another thing - has anyone ever considered that if they have taken a pound from you and NOT provided the CCA info, suing THEM for fraud and non-delivery? Because this has happened in every case to me so far.

pugsley29

I got one of these letters yesterday sent by normal post, I must admit to not being too worried about it as I have no assets/job. If they did take me to court they would be last in a long line of creditors anyway.

rog2

pugsley29 wrote: »

I got one of these letters yesterday sent by normal post, I must admit to not being too worried about it as I have no assets/job. If they did take me to court they would be last in a long line of creditors anyway.

And it would, potentially, save you nearly £500. :rotfl: :rotfl:

lowellcrooks

Here's a laugh, the police wont go further with my complaint unless I write to the scum pointing out their error in contacting me outside the time limit and misusing a statute over a disputed and barred alleged debt and attempting to cause distress by such etc...
Which means the scum will inevitably accede to my request and drop the SD thus getting themselves off the hook! Talk about catch-22 and the scum getting handed a get-out-jail card.

rog2

lowellcrooks wrote: »

Here's a laugh, the police wont go further with my complaint unless I write to the scum pointing out their error in contacting me outside the time limit and misusing a statute over a disputed and barred alleged debt and attempting to cause distress by such etc...
Which means the scum will inevitably accede to my request and drop the SD thus getting themselves off the hook! Talk about catch-22 and the scum getting handed a get-out-jail card.

It IS annoying. Personally, I would let them take me to Court, as the Courts simply CAN NOT and WILL NOT gloss over the Law.

lowellcrooks

rog2 wrote: »

It IS annoying. Personally, I would let them take me to Court, as the Courts simply CAN NOT and WILL NOT gloss over the Law.

Thing is they WON'T take me to court as the alleged debt is only for a grand and it'd cost that to start with, it's just a standard SD mass-mailing, and of course it would cost them more than that in total without a guarantee of retrieval EVEN IF it was a valid debt, and not staute barred, and not having already breached the 1973 CCA and not disputed....etc....yawn.....

I'D LOVE THE B^ST*RDS TO PETITION ME, HAVE MY OPPORTUNITY TO SHOW A JUDGE WHAT THEY REALLY ARE, GET THEIR REPRESENTATIVE ADMONISHED FOR VEXATIOUS AND HARASSING LITIGATION AND CLAIM COSTS AT A SILLY RATE AND EXPOSE THEIR BREACHES OF VARIOUS STATUTES AND FSA REGULATIONS, AS I HAVE ALL THE PROOF AND THEY DON'T, BECAUSE THERE ISN'T ANY FOR THEIR 'CASE'.....

These debt-purchase parasitic vermin give the gullible the impression that the court system is simply there to rubber-stamp their dishonest and misleading demands. Thing is, they have only so many cards to play before every circuit judge associates their names with something unwelcome they stepped in before court and they use up any little credibility they had to start with...I know every case is theoretically separate, but judges and regi's are human, and it's inevitable a tacit mood of 'Oh no, not these twerps again....' would soon prevail.

lowellcrooks

Yeah, I had the SD bull from lowlifes and just ignored it, as it came 3 months after they failed in their 1973 CCA obligations by keeping my quid and sending nothing.
4 weeks has passed since they sent this SD and now they should be starting 'bankruptcy proceedings' against me (yeah right!)
Anyway they have passed it onto 'RED' (lowells by another 'trading style') and the campaign of pointless letters has resumed.
Here is my reply to their harassing letters:

A. NONPAYER
234 moron mews
Up Andatem
Shaftingham
Cambs P155 0FF
0906 6611911
[EMAIL="youwillgetsodall@gullible.com"]youwillgetsodall@gullible .com[/EMAIL]


25 March 2008
TO:
Whichever time wasting prat this concerns,
Lowell/Hamptons Legal/Red Debt Collection/Mackenzie Hall/********(insert-latest-trade-name-added-in-order-to-make -people-think-they-aren’t-being-unfairly-and-unlawfully-harassed-by-the-same-people-whatever-blah)
P.O. BOX 203
Leeds
LS11 1BG

Your Ref: Uncollectable Alleged Debt 1011111202466YU45
Dear Retards,
I’ve dealt with morons in my time but you lot are thicker than most as is obvious by your repeated futile, unlawful and unethical written harassment.
*1. I acknowledge NO debt to you or anybody you claim to represent.
*2. This alleged debt is statute-barred under the Limitation Act.
*3. You were several months ago, by recorded delivery, paid a pound to provide me copies of deed of assignment and copies of original signed agreement(s) this alleged account refers to, as is my right under the1973 Consumer Credit Act. You failed in your obligation to do so within 12 days and this fact alone (along with *2* above) is a COMPLETE defence to ANY legal action in ANY court. The alleged account is legally unenforceable. But you already know that, you continue to write in total disregard of FSA Debt Collection Guidelines.
*4. After another 30 days had passed (after the expiry of the 12-day period) I responded to another of your letters informing you I do NOT intend to make any payment(s) in respect of this alleged debt. This means that you are obliged to stop contacting myself about it. Your continuing written harassment breaches debt collection statutes plus FSA guidelines.
*5. I would welcome you spending your money taking me to either County Court or the Bankruptcy Division.
Obviously *2*and *3* above each alone mean the case would be treated as ‘vexatious’ due to being legally unwinnable and most definitely ‘Misusing Statute for Purposes of Blackmail and/or Harassment.’ It would however, result in you being admonished and told (at your expense and paying mine to watch it all) by a judge that your behaviour is unacceptable and possibly criminal.

*6. You buy ‘junk’ debts for pennies-in-the-pound, without paperwork and just out of statute. Some ignorant fools are taken in by your dishonest, bullying and repeated attempts to make them pay alleged accounts that they are not lawfully obliged to. I am NOT one of them. You claim to have purchased title to an alleged debt in my name. If this is the case you wasted your money. I do not acknowledge, nor will being making any payment(s) in respect of this alleged account. EVER!
*7. You say in your letter enclosed “this ‘debt’ is not going to go away…”
Put it this way, it’ll ‘go away’ long before you ever collect a penny on it.
SAVE YOUR PAPER AND POSTAGE AND GET OVER IT YOU IMBECILES!

Any further correspondence from yourselves will be copied and returned to you without postage, marked ’Full Legal Settlement Enclosed’ (I.e. nothing) so you can retrieve it at your expense. The originals will kept and sent to the FSA along with a copy of this letter describing your unlawful and unethical harassment.


Sincerely,


Signature

lowellcrooks

5 days later I received a reply from that prat Bartle at Lowell confirming "that under sec.5 of the Limitation Act the amount is indeeed statute-barred and the account has been set at £0.00 and no further letters will arise from this matter. Apologies for any inconvenience this has caused."

Sorted.
S.D. my a-r-s-e

rog2

lowellcrooks wrote: »

Apologies for any inconvenience this has caused."

The word 'COMPENSATION' springs to mind.

lowellcrooks

rog2 wrote: »

The word 'COMPENSATION' springs to mind.

www.consumeractiongroup.co.uk/forum/debt-collection-industry/132308-lowell-financial-stat-demand.html

Hi ROG, yes the old chestnut, compo, now it's all over they rely on us being happy and wanting to forget their crimes and harassment, so we'll do nothing.

PS. I duplicate my postings on the above forum/thread, seems like 'consumeractiongroup' is in league with the DCA's as my success as posted above and all my postings have been removed from there, and I can't log in!!
I was lowellcrooks as on here, been barred (presumably) since yesterday when I posted the above letter from Bartle!

Perhaps Lowell's 'threatometer' was used on them!


UPDATE!!!!!!I just got this from them.....
Dear lowellnaughty,
>
> You have received a new private message at The Consumer Forums from rory32, entitled "Your user name".
>
> To read the original version, respond to, or delete this message, you must log in here:
> http://www.consumeractiongroup.co.uk/forum/private.php
>
> This is the message that was sent:
> ***************
> Your user name has been altered as your original user name was potentially libelious. If you would like to choose a different user name please let me know.
> ***************
>
> Again, please do not reply to this email. You must go to the following page to reply to this private message:
> http://www.consumeractiongroup.co.uk/forum/private.php
>
> All the best,
> The Consumer Forums



LOL I have been changed to lowell 'naughty'. LET THEM SUE FOR FOR LIBEL AS THEIR ACTIONS ARE UNLAWFUL I.E. PASSING ON DEBTS TO MACKENZIE HALL WHEN STILL IN DISPUTE BREACHES 1973CCA PLUS DATA PROTECTION LAWS. AT THE COURT CASE WE COULD GET A LIST OF THOSE WHO HAVE PAID A POUND AND GOT ZILCH, TAPE RECORDINGS OF A FEW OF THEIR PHONE CALLS AND DISHONEST AND MISLEADING LETTERS.....LIBEL....YEAH RIGHT.....