hELP! Rec SD want to set it aside, any advice please.

[MONX]

Hi

I have posted in the debt collectors forum but am now really confused as there has been some conflicting advice.

I received a Statutory Demand on 17.07.08, Ist Finance state I owe them just over £3000. This was a debt they state I left LTSB with and they are now responsible for recovering it.

Outline - I am a lone parent, rented accomodation, no assets and I have modest earnings(approx 16000).

I have some questions if anyone can advise:

1. Does this mean that I have 18 days to have it set aside from reciept date or date sent?

2. Is that working days (mon - friday only) or 18 consecutive days (including weekends)?

3. I have downloaded the 6.4 and 6.5 forms to complete but do I have to send a S.A.R and CCA first?

4. By sending a CCA am I not contacting the DCA and by doing so am I acknowledging the debt?

5. Time is running out and I do not know if I have enough time to have the SD set aside if I have to give the original creditor and the DCA time to respond to the CCA and Subject Access Request or would you just ask the court to set it aside because I am disputing the debt and they have abused the legal process by serving it without going down the normal process?

I have to go to the court before 4pm to hand in the set aside docs so would really appreciate any help or advice.

Many thanks

[thewardrobe]

Hi there - I'm in a very similar situation to you - you can read my story so far here -

Help needed - Stat Demand from 1st Credit

I've been told its 18 days from receipt (although mine was sent 2nd class post so they have no proof when/if I have received it!).

You can send the Subject Access Request and CCA with the 'I DO NOT ACKNOWLEDGE...' starting line which you'll find with the template which are on the site.

Sorry I can't be more helpful but I'm sure somebody will come along soon with some excellent words of wisdom for you!

[MONX]

thanks Wardrobe,

Firstly OMG! you have really been in the wars! My heart goes out to you. Thank you for your reply.

I am in such a panic about all this I've been in tears all day at work and I think my colleagues have noticed..... I am trying not to blurt it all out! Especially since the type of job I do (lowly civil servant) could result in me being made redundant for gross misconduct if I am made brankrupt.

I shuffle paper every day and I didnt think that one form could affect me in such a way.

Do you think I should try and set the SD aside despite the Subject Access Request and CCA being sent on the same day or should I give the DCA and original creditor time to answer my requests....only the time is fair marching on and I calculate the deadline (if it is consecutive days from 17.07.0 to be 3rd August (sunday?)

[thewardrobe]

Hi there - well I received my Stat Demand and sobbed my heart out then I looked around the internet - found CAG and now feel soo much better about it..

I've read that the Stat Demand is usually a threat (99% don't go onto to bankruptcy - it simply costs them too much, around £1100 and even then they aren't guaranteed to get a penny back from you!). But even so its worth showing them that you're not afraid of them by answering back so to speak - armed with the knowledge and advice you can glean from CAG you'll be more informed that them!!

I received my stat demand and then 2 days later sent out the CCA - so I'm now waiting to hear from them - I'm giving them as many days as possible to give a reaction and then I'll file my set aside hopefully saying that they haven't replied to my CCA request. Call your nearest court which deals with bankruptcy to check when its possible to swear the affidavit - some do it all day everyday but some have scheduled spots during certain days so this my decide for you the latest you can file your set aside application if that makes sense.

Does the debt you have include charges etc? Is it a credit card balance?

Try not to let this get you down! x

[MONX]

Thanks Wardrobe,

The debt was (allegedly) a bank account that was overdrawn with charges and perhaps part of a loan included....its been so long now that I cannot really remember exactly how it was made up ...I think I might be able to argue that the part of the some of the debt (supposedly) owed is made up of excessive charges (£37 for returned DD's and a daily rate of I think £8 for amounts over the overdraft limit). Not sure if these rates are those that can be disputed, I hope so.

I never got a credit card as that was one temptation too far!

[thewardrobe]

Well then I would deffo send out CCA to the DCA and see if they can actually enforce anything and then send Subject Access Request to the bank and see what they have for you.

Send them all recorded 1st class and DO NOT SIGN only print your name! CCA needs £1 postal order with it and the Subject Access Request needs £10 postal order.

[MONX]

Ok

Ive just come back from the post office, sent off the S.A.R - (Subject Access Request) and CCA with postal orders, printed my name instead of signature and sent them both off 1st class registered post!

Phew I feel as though a weight has been lifted off my shoulders. I am actually doing something about it and it certainly makes me feel like I have clawed a little of my power back from the DCA!

Can I just say that I am really grateful for the support from the forum and special recognition to Vernsmithuk and Thewardrobe. Their reassuring replies have been informative and friendly.

I will keep you posted on any replies and the outcome.