Statutory Demand For Bankruptcy - Help!

[krakan]

Morning all,

Short background: Letters for a few years from a Debt Recovery Agency regarding a debt I don't acknowledge. I have requested information regarding said debt but never received any.

End of last week, out of the blue, I receive a Statutory Demand for Bankruptcy letter, which I'm just doing research on the meaning and implications of now.

Thing is, I could afford to pay this money, but I'm genuinely certain it's not a valid debt.

The advice I've found somewhere is that I can apply to have it set-aside if it's in dispute (which is it, but I'm not sure whether there's a specific requirement for it to be classed as 'in dispute')

The debt is over £750 and I don't own any property.

Can someone offer any help?

Thanks!
Chris

[tinkerbell20]

You must make application to your local county court for the statutory demand to be set aside. You only have 18 days to do it in.

Also send the creditor a Subject Access Request & CCA request by special delivery enclosing stat fees asap.

[saintly_1]

Hi

You need to get the statutory demand set aside you need forms 6.4 and 6.5 from here England and Wales Forms

What is the 'alledged' debt for

saint

[krakan]

Hi, both

First off, I'll get the forms now and have a look through them.

With regards to a Subject Access Request and CCA letter, those are in the templates forum are they? I'm sure I've done this before and got no reply, but I might be referring to another debt (they had been sending letters about two debts for a time, which confuses the matter further)

The 'debt' is apprently one they've bought from a bank. I don't recall if it's RBOS or NatWest (but I never had an account with the bank they were referring to anyway).

Are the any specific questions I should raise in my CCA letter?

[saintly_1]

The first thing you need to do is to get the stat demand set aside.

The 'alledged' debt do they say if it was a loan or overdraft ? as a CCA is only applicable on loans and not bank accounts.

Have you tried sending them the 'Prove it' letter ?

saint

[krakan]

Hi Saint,

Right, I've looked at the SD and it states that

The debt relates to the unpaid balance of sums due under Credit Agreement dated 29 JUL 02 made between Mr KRAKAN and Royal Bank of Scotland in respect of a Personal Loan Account number 1234567890123456. The agreement terminated upon the failure of Mr KRAKAN to comply with the terms of the agreement and/or a statutory notice of default served by Royal Bank of Scotland.

The rights and duties of Royal Bank of Scotland passed to the Creditor persuant to an assignment dated 22 DEC 06.

Now I know that I have never taken out a loan. Is it possible that a current account (overdraft) or credit card could be represented as a loan?

Second, I have sent them letters in the past (though I only have a copy of one letter) stating that I dispute the existence of the debt and inviting them to send proof. Nothing. Is there anything more specific you mean by a 'prove it' letter?

I have drafted the following CCA letter to Capquest:

In regards to the above reference, I would be grateful if you would send me a copy of this credit agreement for the account which you allege is mine. Further to previous correspondence I continue to refute your suggestion that any money is owed.

Could you please also send me a Full statement of my account

(a) the total sum paid under the agreement by the debtor;
(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, Postal Order number x which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

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

I look forward to hearing from you.

I will make an application to set aside the Demand as soon as I can (possibly not until next week.)

[krakan]

One related question, if I may?

The address that Capquest hold for me is not my present address. I have since moved, but neglected to inform them of this because of the constant phone calls and threats of doorstep visits they have been making. I understand that I can claim for reasonable costs incurred in having to attend to apply for a set aside, but I would presumably be disclosing my new address to Capquest in doing so, which would be a bad thing. I don't mind not claiming if this is the case.

However, the SD was sent by regular first class post. I intend to make reference this is my affidavit (that they simply posted the SD despite the ongoing dispute over the debt and that this implies they're not taking it seriously) but, if I encourage them to deliver further documents in person I'll end up in an argument over my address.

Do I have an obligation to give them my new address? I have a redirection in place so I receive all the mail sent to the old address so there's no benefit to me in telling them

[master woody]

I’m really confused about statuary demand for Bankruptcy?

A) dose a creditor need a CCJ ( and you default on the CCJ) before they can apply for a SDB

B) If a creditor doesn’t need a CCJ, why don’t they use this mechanise more frequently? You see lots of Money claims ect just the odd SDB so they can’t be using them often

[krakan]

Originally Posted by master woody

I’m really confused about statuary demand for Bankruptcy?

A) dose a creditor need a CCJ ( and you default on the CCJ) before they can apply for a SDB

B) If a creditor doesn’t need a CCJ, why don’t they use this mechanise more frequently? You see lots of Money claims ect just the odd SDB so they can’t be using them often

Hi woody,

a) No, it would appear they don't
b) I assume because 1) it's very expensive (I've read it costs them £1000+ to petition for bankruptcy) and 2) if they do make you bankrupt they're taking a gamble as to what you actually have to pay them with - once they've made you bankrupt they'll get their share of what you own but that's the end of the matter. The may feel they'll get more in the long run by obtaining a CCJ and extracting the money from you normally, over time.

[saintly_1]

Many people when faced with a stat demand panic and start making payments ...... espcially when they dont know their rights it seems to be a popular method by some DCA's

saint

[krakan]

Originally Posted by saintly_1

Many people when faced with a stat demand panic and start making payments ...... espcially when they dont know their rights it seems to be a popular method by some DCA's

saint

Well, it worked! OR at least, long enough to panic.

Am I correct in doing the following:

Post Subject Access Request to RBOS requesting info
Post CCA request to CapQuest asking for agreement, documents regarding assignment of debt and statement

How's my CCA, above?

[saintly_1]

Yes

Dont forget to enclose the fee's £10 for the Subject Access Request and a £1 Postal Order for the CCA



Saint


ps Dont sign the CCA Print or use a digital signature

[krakan]

Hi again, all.

Question about my application for a set aside, which I'm going to make tomorrow: I intend to make a claim for costs, but whilst most of it's pretty clear, what is the accepted method of working out the value of a day's wages lost? Monthly take-home pay / 20 or so?

[saintly_1]

think they allow £50 at most for loss of a days pay

[krakan]

Hmmm. Right, ok - possibly not worth bothering with that bit, then, since I'll presumably have to get my employer to prove that I lost a day's wages?

I'll post of the detail of my application shortly, if perhaps some kind soul would check it? I am correct in thinking that I can fill in most of it and take it pre-printed to the court to sign etc?