Statutory Demand notice served for an old debt

[aramco]

Dear All,

I reside in Scotland and new on this forum, thought to seek some help regarding SD notice served on me today for an old debt with NatWest of 5k. I defaulted on this debt in July 2005 ( as mentioned on the SD demand notice). This is statue barred debt and LOWELL PORTFOLIO through their solicitors in Leeds, BW Legal are trying to enforce bankruptcy . I had already issued letters to BW Legal and Sheriff officers last week in which I brought to light Statue Barred debt issue, also made reference to the Prescription and Limitation Act (Scotland). BW Legal informed me last week that they are putting this case on hold as they need to seek further information from their client Lowell Portfolio about my case, yet they delivered SD Demand notice on me.

Should i be asking them for details about this debt before sending the denial slip back to them. Am i right in thinking that the denial slip is to be returned to their appointed solicitors?

I would really appreciate if i could get some advice as to what should be my next course of action to avoid bankruptcy?

Kind Regards

[EXC]

Re: Statutory Demand notice served for an old debt

The important thing is to return the denial slip within the time period as this will stop the SD in it's tracks regardless of the reasons for denial. Return it to whoever issued it ie BW Legal.

[aramco]

Re: Statutory Demand notice served for an old debt

Thanks for your message, I prepared CCA for each account requesting documentary evidence ( contract letters etc) of this debt. My debt of 5k is for overdraft I had on three Natwest accounts which is why I prepared CCA for each account . Should I dispatch these CCA letters along with the denial slip. I intend posting these tomorrow through recorded delivery.

[EXC]

Re: Statutory Demand notice served for an old debt

Hold on someone will advise.

[Amethyst]

Re: Statutory Demand notice served for an old debt

Definitely send the denial slip back, by recorded post, asap. Don't complete the reasons section if they added one, just the basic denial page is all that is needed.

Are all three accounts overdrafts? If so the cca requests would be of no effect as the cca doesn't apply to overdrafts. you can though write to The creditors asking for evidence of the debt and how it is made up. However if all three were defaulted over 5 years ago and you've not acknowledged to dca's etc since then you should be perfectly fine with the limitations defence.

They do sometimes make up payments to try and say you aren't statute barred, so just worth being aware of that and considering combating their assertions later if they try the court route.

[aramco]

Re: Statutory Demand notice served for an old debt

Thanks ever so much for your kind help. Would sending the denial slip be enough to put this to bed or does this needs to be set aside as well.

[EXC]

Re: Statutory Demand notice served for an old debt

If you read the other Scottish SD threads in this forum the denial will do it.

[aramco]

Re: Statutory Demand notice served for an old debt

I have posted denial slips to both Lowell Portfolio and BW Legal today, I guess it is very much a waiting game from now?

[Amethyst]

Re: Statutory Demand notice served for an old debt

Have a read of some of the other threads in this bit so if they do try telling you they are still going ahead with sequestration you'll know they are talking out of their bottoms. It is a horrible position to be in as there doesn't ever seem to be any firm closure after returning the denial slip and it just feels like it is hanging over you.

You could also write to Lowell and tell them the debt is time barred and ask for confirmation that they will cease any collections activity on these alleged debts.

[aramco]

Re: Statutory Demand notice served for an old debt

Thanks for your message " Amethyst". I did send them a letter explaining that the debt is time barred under the Prescriptions and Limitations act (Scotland ) 1973 but they still choose to serve SD Notice through Walker Love.

What should be my course of action if they come up with lies like they never received the denial slip etc . I have also scanned denial slips as well as keeping proof of dispatch receipts through the royal mail. I have sent correspondence through recorded delivery so they can not mess me around any further.

wish me luck :tinysmile_cry_t:

[Amethyst]

Re: Statutory Demand notice served for an old debt

Ah yes sorry you did mention that earlier. Annoyingly then it is a case of waiting. Keep the post receipts etc in case you need them in future.