Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

[Mazda250]

can anyone help, I am being chased by DCA under 268(1) (a) and haven't had this before, despite debt being from 2009 ?
dont know what to do !

[FlamingParrot]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Can you give us more details about this debt?

Debts are not statute barred until 6 years after the last payment or written acknowledgment (5 in Scotland), not 3 years.

[jon1965]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Is this a statutory demand?

How was it delivered?

I know nothing of insolvency apart from the fact there are strict time limits to have it set aside

[PlanB]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Is this a statutory demand?

How was it delivered?

I know nothing of insolvency apart from the fact there are strict time limits to have it set aside

Jon is right, a section 268 (1) (a) is a statutory demand which is serious because this means the creditor can petition for bankruptcy unless you sucessfully get it set aside.

We need to know the exact date this was served on you plus the name of the creditor and the DCA who served the SD on their behalf. The first thing to do is send a section 78 request which we will explain about as soon as you have posted more information.

[jon1965]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Plan B I hate to put a spanner in the works and I maybe wrong but I think I read somewhere that sending a CCA request after a SD was issued was not enough to get it set aside. Of course if this letter was saying that they will issue a SD then get a CCA request off now, or yesterday if possible

[PlanB]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

It's all about timing

A SD can be thwarted if the debtor can prove the account is in dispute and the creditor has no legal right to collect the debt so a s.78 default is a great way of doing this. The debtor can then rely on Hammonds vs Pro Fit as a reason for set aside where the appeal court decided that the BR court was not to be used as a debt collection service:

http://www.bailii.org/ew/cases/EWHC/Ch/2007/1998.html

I'm not aware of any Pre-Action Protocol before issuing a SD such as a Letter Before Action or a Letter of Claim. You can download one off the internet and serve it

I agree with you the OP must tell us whether this is a threat or a reality.

[jon1965]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Thank you PlanB
To the rescue yet again

Hope I didn't offend

[labman]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

Let's be sure. Is this what you've received? It's useful to have posted up for the time limits anyway.

[FlamingParrot]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

If it's indeed a SD, you may want to contact these guys, :first:one of them is a member here, and has helped quite a few people set aside SDs, one of them was Plan B who posted above. --> http://www.watsonssolicitors.co.uk/contact.html Or PM pt2537

There are quite a few SD threads but they have all been moved to the VIP area to keep them away from prying eyes. If you have received one, this is an option you may wish to consider.

Go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year £9 or 10 years £25. See below. Attached Thumbnails

---

You may also want to look at this for reference ---> http://www.legalbeagles.info/forums/...few-strategies

[FlamingParrot]

Re: Being threatened by debt collectors under section268(1)(a) on 3 year old deb ?

It's all about timing

A SD can be thwarted if the debtor can prove the account is in dispute and the creditor has no legal right to collect the debt so a s.78 default is a great way of doing this. The debtor can then rely on Hammonds vs Pro Fit as a reason for set aside where the appeal court decided that the BR court was not to be used as a debt collection service:

http://www.bailii.org/ew/cases/EWHC/Ch/2007/1998.html

I'm not aware of any Pre-Action Protocol before issuing a SD such as a Letter Before Action or a Letter of Claim. You can download one off the internet and serve it

I agree with you the OP must tell us whether this is a threat or a reality.

There's no reason not to send a s.77-79 CCA request to the creditor after they've sent a SD, other posters who have received them have done that. Even if a SD hasn't been served, it would do no harm to send such a request.

Send the letter below with a PO or cheque for £1.00, by recorded delivery so it can be tracked and you have proof of delivery. They have 14 days to respond.

Dear Sir,

Account/Ref No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, and believe a copy of any credit agreement, along with a statement of account, should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully



Your name.

Normally you'd be advised not to sign the letter above, however, as time is of the essence in this case, you may wish to sign it, so they can't argue lack of signature as an excuse. You can sign on this anti-tamper strip other posters in similar circumstances have done.