Notice of Statutory Demand letter received

[FlamingParrot]

Re: Notice of Statutory Demand letter received

A section 78 is a SAR yes?

No, a s.78 is a request for a copy of your credit agreement, more accurately a s.77-79 request. As it sounds like yours is a loan rather than a credit card, s.77 of the Consumer Credit Act would apply. s.78 is for credit cards. But for practical purposes, it's the same thing. When people have received SDs from Lowell, Cel often advises sending such a request.

A SAR is a request under the Data Protection Act for all information about you, normally used to obtain historical data such as statements. A SAR would usually be sent to the original lender rather than the DCA who wouldn't have the information you're after.

Need to know what the debt is and who it is for first, as depending on what debts you have it may not even be a CCA regulated one.

Sounds like we do know and it will be a CCA regulated one:

It will be Welcome Finance, I've been passed around between Mackenzie Hall, Hillsden, DLC and now these MDB.

Lowell are currently hassling me to increase my payments too though.

[FlamingParrot]

Re: Notice of Statutory Demand letter received

No, it is a request for a copy agreement under s77/8 of the Consumer Credit Act 1974, not a SAR.

There are various templates on the forum.

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[CleverClogs]

Re: Notice of Statutory Demand letter received

signed using a computer font rather than your real signature.

The reason for this is that it has not been unknown for a debt collector to "get creative" by scanning a signature from a letter and pasting that signature onto a reconstructed agreement. This only came to light when one oh-so-clever DCA did that with a section 78 request that had been signed by a CAB advisor on behalf of a disabled client - the alleged "agreement" came back bearing the signature of the advisor!

I usually recommend a typeface such as JohnLennon (link) and suggest that the "signature" be in a larger point size (at least 24pt if not 36pt) and in blue ink, so that they might be tricked into thinking it's your real signature.

[PlanB]

Re: Notice of Statutory Demand letter received

Today I received in the post that notice of statutory demand will be issued against me next week.

Apparently someone called to my house earlier this week whilst I was at work and they intend to call back with the SD at a certain time.

. . . . Should I wait until I receive the SD

How do you know someone called at your house last week while you were at work? Did they speak to a family member to establish whether you lived there and then told them they were attempting to serve you with a SD? You say they referred to coming back at "a certain time" so can you tell us exactly when will this be.

Can you post up that letter after removing your personal details (but don't deface the original). There must be a reference number on there or something to provide a clue as to which creditor is threatening you with BR. Once you've cracked that you can immediately send a s.77-79 request which may stop this SD before it arrives

[PlanB]

Re: Notice of Statutory Demand letter received

It will be Welcome Finance.

If you're so sure it's Welcome Finance can you give us a bit of background on the loan such as when it was opened (before April 2007?) and the balance outstanding. If you think it may be SB have you got any evidence of when you last made a payment? If you had PPI on the loan that would help

[ASL3212]

Re: Notice of Statutory Demand letter received

How do you know someone called at your house last week while you were at work? Did they speak to a family member to establish whether you lived there and then told them they were attempting to serve you with a SD? You say they referred to coming back at "a certain time" so can you tell us exactly when will this be.

Can you post up that letter after removing your personal details (but don't deface the original). There must be a reference number on there or something to provide a clue as to which creditor is threatening you with BR. Once you've cracked that you can immediately send a s.77-79 request which may stop this SD before it arrives

Yes a family member answered the door. I don't know exactly what was said but whoever it was left a slip with a mobile number on. 2 days later I received the letter...




They intend to serve the SD on 14th November (this Thursday!!).

If you're so sure it's Welcome Finance can you give us a bit of background on the loan such as when it was opened (before April 2007?) and the balance outstanding. If you think it may be SB have you got any evidence of when you last made a payment? If you had PPI on the loan that would help

This is the thread I started earlier on in the year:

http://www.legalbeagles.info/forums/...ice&highlight=

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Since they intend to serve this Thursday what are the chances the CCA request letter will change anything, even if I send by Special Delivery? And who do I send it to, the firm directed to serve me the SD?

[Amethyst]

Re: Notice of Statutory Demand letter received

So it could be for the Welcome secured loan (that's become unsecured due to the repossession of your house?) - I couldn't see on that thread how much it was about. You haven't paid anything on the welcome loan since 2009.

Also - do you own your house or rent now?

[ASL3212]

Re: Notice of Statutory Demand letter received

So it could be for the Welcome secured loan (that's become unsecured due to the repossession of your house?) - I couldn't see on that thread how much it was about. You haven't paid anything on the welcome loan since 2009.

Also - do you own your house or rent now?

It was for £17500, Although they claim I owe £24k now.

I live in rented accommodation now. Nothing is in my name though, I have no assets at all so to speak.

[Amethyst]

Re: Notice of Statutory Demand letter received

excellent

(well not so much for you maybe, but they aren't going to get very far in getting the money by bankrupting you)


Okay next Q - how much was the secured loan for originally (was that 17.5k or was that what you defaulted on) ? What date approx did you take it out ?

Do you have much in the way of original paperwork still ?

[ASL3212]

Re: Notice of Statutory Demand letter received

excellent

(well not so much for you maybe, but they aren't going to get very far in getting the money by bankrupting you)


Okay next Q - how much was the secured loan for originally (was that 17.5k or was that what you defaulted on) ? What date approx did you take it out ?

Do you have much in the way of original paperwork still ?

The original loan was for £17.5k, not sure the default amount. It was around July/August 2007.

Not got any of the original paperwork I'm afraid.

[ASL3212]

Re: Notice of Statutory Demand letter received

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Who do I send this to?

[CleverClogs]

Re: Notice of Statutory Demand letter received

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

Who do I send this to?

Send it to the mutton-heads who want your money.

[ASL3212]

Re: Notice of Statutory Demand letter received

Well the SD has been delivered..

Its not what I was anticipating it was for and is only for £800 +costs.

[Celestine]

Re: Notice of Statutory Demand letter received

Who's the creditor named on the statutory demand?

[ASL3212]

Re: Notice of Statutory Demand letter received

Consumernet Limited