Statutory Demand threat

[Norbert]

Re: Statutory Demand threat

I've just e-mailed you a copy of the agreement as you requested along with a letter in which Co-op Visa state that this is all they have.

Hope it helps!

[Never-In-Doubt]

Re: Statutory Demand threat

webmaster@all-about-debt.co.uk

nothing received yet.

[Grassy_K]

Re: Statutory Demand threat

Hi Grassy

Where are you at with Co-op?

Missing PT letter sent. No threats as yet. I'm sure they'll come.

[Norbert]

Re: Statutory Demand threat

webmaster@all-about-debt.co.uk

nothing received yet.

Sorry - just found it lurking in the outbox.

On its way now.

[Never-In-Doubt]

Re: Statutory Demand threat

Excellent - thanks.

Ok from what you've sent the account will be definitively unenforceable, they cannot remedy it because as you say you never received terms at outset and the bank have not sent any recon sets either - however that wouldn't change a thing if they did because as you say, having never seen any at inception then this will be irredeemably unenforceable - they're screwed.

I've replied to your email, if you can send me the letter threatening the SD whatever, I'll sort you a suitable response.......

But this is and it cannot be remedied now.

[Norbert]

Re: Statutory Demand threat

Many thanks for the advice and the unequivocal response above.

It tallies with what I thought but I'm glad your expert eye agrees with what I had thought.

The other letter you asked for is on its way to you.

Thanks again!

[Never-In-Doubt]

Re: Statutory Demand threat

Ok reading their letter of 22nd September, I would send this back..... see how they like that!

Send it registered post, so that you can get evidence of it being delivered and then await their response - see how they react

Dear Mr Atherton,

Ref: xxxxxxxx

I write with reference to your letter dated 22 September 2014 whereby you make unjust and unlawful threats of issuing a Statutory Demand based solely on your incorrect assumptions regards my property and it's actual value. It should be noted that such behaviour is actually a breach of the Financial Conduct Authority Consumer Credit Sourcebook (CONC) - in particular sections CONC 2.2.2 (G) Principle 6 "(4) taking steps to repossess a customer's home, other than as a last resort." and CONC 2.2.4 (2) "(d) the extent of its authority;".

You have made threats to issue a Statutory Demand (SD) yet you have failed to acknowledge that there are serious triable issues with this account which will be vehemently defended should you attempt to take any action; plus you have no right to utilise the bankruptcy court within a civil matter that should be dealt with by a Judge from the civil courts service. I refer you to your colleagues letter dated 02 June 2014 whereby he admits that you do not have the original terms associated with my account and that you cannot recreate any (in line with Carey (vs HSBC 2009)) so how exactly do you plan on winning anything when to take such action you would need the evidence to rely upon any such claim, otherwise you'd be in direct breach of Pre Action Protocols?

As I have already been told that you do not hold the terms that were associated with this account at inception with a signed statement confirming you cannot recreate any then this account will be deemed irredeemably unenforceable in any court and I urge you to bear in mind the content of this letter will be shown in my defence should you ignore the content of this letter.

For the record, at account inception I was never notified of any rate of interest, repayments or credit limit and there was never any signed agreement from the Co-Op. If you want to accrue additional costs then be my guest and attempt to pursue this but pay attention to the letter your colleague sent me dated 02 June 2014 beforehand.

In the best interests, I look forward to your confirmation that the account has been closed and will not be pursued.

Yours sincerely,


Norbert

[Norbert]

Re: Statutory Demand threat

That's great - much appreciated.

The letter has been printed and will go first class tomorrow.

I'll let you know what the outcome is. ;-)

[Norbert]

Re: Statutory Demand threat

Letter's in the post. Wonder what the response will be?

Tempted to open a book on it!

[Grassy_K]

Re: Statutory Demand threat

Letter's in the post. Wonder what the response will be?

Tempted to open a book on it!

Who'll give me evens on a template letter quoting Carey?

[Never-In-Doubt]

Re: Statutory Demand threat

Who'll give me evens on a template letter quoting Carey?

Carey would back us - I've used Carey in the letter to Norberts advantage - Carey kills their argument

[Norbert]

Re: Statutory Demand threat

Letter received back dated 8th October (so looks like mine and theirs crossed in the post).

It says:-

Despite numerous attempts to agree a solution with you to repay the outstanding debt, your account remains seriously overdue. The decision has therefore been made to register your account as in "default" with the credit reference agencies and pass the account on to a specialist debt collection agency.

We will contact you in due course to confirm the name of the agent who will be dealing with your account on behalf of the bank. All further communication must be with them as we will no longer enter into any further discussion with you regarding this debt.

[Grassy_K]

Re: Statutory Demand threat

Letter received back dated 8th October (so looks like mine and theirs crossed in the post).

It says:-

Despite numerous attempts to agree a solution with you to repay the outstanding debt, your account remains seriously overdue. The decision has therefore been made to register your account as in "default" with the credit reference agencies and pass the account on to a specialist debt collection agency.

We will contact you in due course to confirm the name of the agent who will be dealing with your account on behalf of the bank. All further communication must be with them as we will no longer enter into any further discussion with you regarding this debt.

That's good - no threats of stat demand - just ignore whichever toothless DCAs they appoint and you're closer to SB.

I've had about 3 new DCAs make contact over the last 2 weeks for different creditors... the letters go straight in the bin.

[Never-In-Doubt]

Re: Statutory Demand threat

Wait - this is nearing SB right? So it should have been defaulted years ago. They can't just default it now.... Has it previously been defaulted (credit record)..! If so what date is recorded on your CRA file?

[Norbert]

Re: Statutory Demand threat

Looking at CRA file, the first default was placed on the account on 4th October 2010.

Interestingly, the current balance is showing at £4,935, but the default balance is showing as £7,636.