HELP !! Statutory Demand

[mpc1975]

Hi All

Really need some very quick advice urgently.

Have just opened a letter that was posted through my door by hand last Thursday. Which is a statutory demand from Lowell Portfolio for over £1500. THe demand was dated in the first few days of May

Just to give some history someone did call at my house in May asking for me but I was away and my wife said I wasn't in. . Upon my return a day later as I had no idea what it was I called the mobile number and asked (I didn't confirm my name or who I was, he advised me of an old debt from Lloyds TSB, again I didn't aknowledge anything I just advised any information should be sent to the address he visiited and it would be forwarded to me)

Now my major concern having just sat down and read the letter is that the date of issue is 20 days ago and if I was looking to have the debt set aside it needed to be done 2 days ago and secondly that even if I was looking to deal with it I have 1 day !!!!


In relation to the debt itself I am aware of it but it is a very old debt. It was to a Lloyds TSB credit card that I had at my old address and in my previous surname (that may sound funny but my original family name was different as my grandad had dropped the Mc at the front and I changed it back when I got married and had kids). I had up until I moved house 7 1/2 years ago been paying down the debt I stopped the payments just after I moved as I thought I was pretty close to clearing it off had no paperwork and wanted to know what was outstanding. I then a few months later had a letter forwarded from the old address saying I owed i think around what they are claiming now. At which time I contacted them to dispute the amount as I was sure if anything at most I owed maybe £200. They just told me that I owed what they said and that was it. I advised them they needed to send me all correspondence that had been sent to me either by them or Lloyds in the last 3 years so I could track what had happened, they said no so I said I am not paying. Since then I have had the odd letter chasing but completely ignored it.

I cant remember if the original debt to Lloyds went to a CCJ, I think it may have, and also as I was at the end of the debt as far as I was concerned I never sent a change of address or name notification so they are still chasing in my original surname. I have never hidden my name change as i have done credit applications in the past with both names and if you check my credit file the names are linked.

I have never requested a CCA this was what I was considering doing but I don't know if I have time now.

Anyhow sorry for the long message but I thought the more info the better. Ultimately I need to stop this process and if it means me contacting them today to offer a repayment plan then I will have to but this would only because they have fudged the dates and I have no time to respond.

[CleverClogs]

Re: HELP !! Statutory Demand

Lowellls have been more than usually naughty, though it may just be their incompetence that left no time for proper legal advice to be sought. You should report them immediately to your local trading standards department.

As for the alleged debt, when did you last make a payment or acknowledge it in writing? If it was over six years ago, it would be statute barred and nothing could possibly unbar it.

Someone else with more knowledge or expertise in such matters should be along shortly.

[mpc1975]

Re: HELP !! Statutory Demand

Hi CleverClogs

Thanks for the reply. the last payment would have been over 6 years ago I am sure. Will try and find an old bank statement and see if I can confirm. And I have never acknowledged them in writing. By phone when I disputed I am sure was about 7 years ago.

I am just a bit concerned due to the date and time constraints, so not sure what to do.

[CleverClogs]

Re: HELP !! Statutory Demand

As you indicated, it was served too late for it to be set aside which is, in itself, an abuse of process; however, the affidavit of service - if there is one - will doubtless aver it was served in a timely manner.

Even if a statutory demand has been served, it does not necessarily mean that Lowells will apply for you to be made bankrupt.

Which form did they use and which court was given as the appropriate court for it to be set aside? Have you contacted the court and mentioned the peculiar manner of the service of the demand?

What particulars did Lowells give concerning the assignment of the alleged debt?

[mpc1975]

Re: HELP !! Statutory Demand

Not sure on the form, at the top right it says form 6.1, and header reads ' Statuatory Demand under section 268(1)(a) of the insolvency ACT 1986. Debt for liquidated sum payable immediately'

The court for setting aside is local to me. No I haven't contacted the court yet as it is over 18 days from their date I wasn't sure what to do, should I?

The particulars of debt box reads as follows -

'The claim of the creditor is for payment of £xxxx being the balance of monies due against a credit account made between the debtor and Lloyds TSB Group PLC in respect of a Credit Card, under account number *******, such agreement being regulated under the consumer credit act 1974.

The rights and benefits of the said account were duly assigned from Lloyds TSB Group PLC to the creditor by way of a debt sale agreement dated **/**/** and notice of assignment having been served upon the debtor by the creditor on **/**/** in accordance with the provisions of section 136 of the law property act 1925.

The balance of the debt as the date of this demand remains outstanding and due for payment by the debtor in the amount of £****** despite previous written and verbal requests for payment being made by the creditor to the debtor.'

Also the cover letter is from Hamptons Legal, which is part of Lowell Financial Ltd.

[mpc1975]

Re: HELP !! Statutory Demand

Quick update, have just been back through old bank statements and the last payment was not as long ago as I thought. I had a standing order set up and the last time that left my bank was June 10th 2005, this is probably why the sudden activity. So now really not sure what to do.

One thing on the SD which is incorrect is the account number. My credit card number is 16 digits long and they have quoted an 8 figure number. I think that when I defaulted with lloyds they closed the card account and moved it to a head office collections account (my standing orders say head office collections account) So I have never applied for a credit account with that number. Does that help. Also I would still dispute the amount owed.

Problem is still due to the way they have dated the SD i have no time to request a CCA!!!!

21 days up tomorrow as per there date!!

Also they did have the current address as the bank statements where sent to new address and at that time I was making payments.

[CleverClogs]

Re: HELP !! Statutory Demand

You should certainly contact the court, if only to complain about the way in which the SD was served without adequate time to obtain proper legal advice.

By giving the wrong account number, Lowells have - as usual - mucked it up.

[mpc1975]

Re: HELP !! Statutory Demand

Ok but any ideas other than complaining how i should proceed.

I dont want to be declared bankrupt, so is the only option that i contact lowell and try and make a payment plan. if it wasn't for the date issue i would apply for the CCA to see what comes back as i am sure it is wrong,, but i dont know if i have time to do that.???z

[ODC]

Re: HELP !! Statutory Demand

The Leeds Losers bought this alleged debt in February 2008. WTF has taken them over three years to chase it

[talktalk]

Re: HELP !! Statutory Demand

You should get this set aside, Lowells are usually pretty serious about making people bankrupt, especially so as they have already attempted personal service. You will need form 6.4 which is the form to use to set aside and 6.5 which is the witness statement. I recommend sending off for a copy of your agreement too asap. (CCA request) and although using CPR31.14 is normally only allowed for the civil courts, I think you should (in line with what is on your particulars of claim) use it as the judge may enforce the use of the civil proceudre rules in your favour. You could set aside due to non production of the agreement, no statements for the duration of the agreement, possible PPI, non production of a default notice in the prescribed format, no statements (it is well known that some debts are made up entirely of excessive charges). On the set aside form it asks you when you received the demand...you should set it aside at the closest court to you that handle insolvency and bankruptcy....
------------------------------- merged -------------------------------
Make sure you send the CCA request and the CPR31.14 off by recorded delivery....
------------------------------- merged -------------------------------
And having a payment plan in place will not stop the demand being turned into a petition, in fact it could help them !!

[mpc1975]

Re: HELP !! Statutory Demand

To be honest i have had a few letters but ignored them as I had never received clarification on where the figure came from. I know head in the sand was very stupid, definitely learnt lesson now

[talktalk]

Re: HELP !! Statutory Demand

If they have used a reference number which is claimed to be your reference number from your original account then you should deny ever having an account with this number. Also getting the deed of sale agreement (as mentioned in their particulars of claim) may show if the account has been legally assigned into the UK or whether Lowells ship accounts into an 'offshore' tax haven, if this IS the case then it wouldn't be enforceable under UK law....
------------------------------- merged -------------------------------
You will find it is far, far easier to dispute the debt at this stage rather than the petition stage....
------------------------------- merged -------------------------------
I would also suggest that you mention statute barred on your defence too, as by the time it gets to court it WILL be statute barred. I think you should edit your first post too as Lowells may look at these forums and might try and use your first post in their reply to your defence....by putting in the amount on the SD they will know who you are....

[mpc1975]

Re: HELP !! Statutory Demand

Thanks talktalk,

What happens if the petition to set aside is declined? Will i still then get the opportunity to enter a payment plan? Like I mention I am very worried as bankruptcy could affect me in a big way, I have my own company (which is nothing amazing effectively I am a self employed sales agent with a business partner and we set up as a Ltd company) so if I am made bankrupt this could effectively end my business as I can no longer be a director.

[talktalk]

Re: HELP !! Statutory Demand

If there is any sniff of a major dispute (which there is in your case) a judge will dismiss....it is highly unlikely that (and as long as you go to the court and puff your chest out to show the judge just how annoyed and upset you are at receving this) a judge would allow this to go to a full petition. If it was me I would deny knowledge of the account number, state that they had not provided ANY relevant paperwork, and tell the judge that they are attmepting to use the insolvency service as a debt collection tool - which is normally frowned upon by the judiciary...

[mpc1975]

Re: HELP !! Statutory Demand

Hi Talktalk,

So just so I understand i need to send of for a CCA, (will I be okay just using a standard letter of the site?)

I should first thing go the court and get form 6.4 and apply to have the SD set aside (is this okay as they posted through letter box later than the indicated date??) The basis for setting aside should be what?

Also what is form CPR31.14,

Sorry I am a complete novice and trying to catch up quick