Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I would be really keen to have all your thoughts on this, i've noticed that more and more agencies are adopting this strategy. I'm about to embark on some work in the day job centered around this and would love to hear opinions and thoughts, especially if it has happened to you.

    Thanks

    Seq

    ps - i don't work for a debt collectionicon agency before you ask!

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  2. #2
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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Hi Sequenci, pleased to see that you have been "upgraded" to a site helper. You know your stuff!

    Can't say that I am able in this instance to help with your research, as I do not believe that I have been a lucky (!) recipient!, but does a Statutory demand come as a letter from the DCAicon/solicitor, and what sort of wording?

    Red


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Hi sequenci,


    It would seem from reading many threads on this site, that this is a particular tactic of Ruthbridge. Unfortunately (or rather fortunately) I have not had any personal dealings with this particular company.

    I have, however had dealings with DG solicitors. These usually send a letter threatening legal action in the first instance. If this letter is ignored, or a payment is not forthcoming, then a second letter threatening legal action and application for an attachment of earnings is then sent. Now should you ignore this second letter, they then send the next letter threatening legal action and an application for a charging order. This is the stage I am currently at, so I do not yet know what the fourth threatening letter may contain!


    Regards, Jeff.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I have had 2 from Connaught.

    Also had 1 from Lowell sent a week after they issued a CCJ claim but before judgement.

    What sort of info do you need.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by Jeff2000 View Post

    Now should you ignore this second letter, they then send the next letter threatening legal action and an application for a charging order.
    If, at the time that you take out a loan, this the intention of a loan company should you default, then shouldn't the interesticon rate be that of a secured loan rather than an unsecured loan, since they intend to get the outstanding balance + charges secured against your house if you default.

    I don't see the difference between a secured loan & what they are doing.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by Jeff2000 View Post
    . Now should you ignore this second letter, they then send the next letter threatening legal action and an application for a charging order.
    how do they know if you own a property?

    post office
    WON 12/11/06


    abbey
    LBA sent 30/10/06
    MCOL claim submitted 8/11/06
    allocation questionnaire sent 16/12/06
    schedule of charges sent 16/12/06
    WON

    2nd abbey claim SAR sent 3/1/07
    WON

    complaint letter sent 18/1/08

    alliance and leicester
    WON

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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote:
    how do they know if you own a property?

    It would show up during a credit reference search.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Meritforce make me laugh, they threaten to seizeicon my assets (haven't got any) arrestment of wages (I don't earn any) and bankruptcy (what, for 200 odd quid??) yeh right!


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by itsamomentintime View Post
    how do they know if you own a property?

    You can do a search of the Land Registry on-line!


    Jeff.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by stadium_arcadium View Post
    Meritforce make me laugh, they threaten to seizeicon my assets (haven't got any) arrestment of wages (I don't earn any) and bankruptcy (what, for 200 odd quid??) yeh right!



    They can only start bankruptcy proceedings for £750 or more!


    Jeff.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I have never received a SD so can't comment from that point of view, but I think it's essential to get that SARicon and CCA request in as early as possible and start disputing the debt.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I have ignored all my SDs up to now as I feel any contact could be taken as acknowledgement of service.

    I am still here and kicking.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by Belaflat View Post
    I have ignored all my SDs up to now as I feel any contact could be taken as acknowledgement of service.

    I am still here and kicking.

    Hello Belaflat,


    Could you elaborate?

    How many SD's have you had? How long ago? From which companies?


    Sorry for all the questions!


    Best wishes, Jeff.


  14. #14
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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    You beat me to it Jeff, loving your work.


  15. #15
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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by sequenci View Post
    You beat me to it Jeff, loving your work.

    Sorry!

    It just struck me as a strange, but interesting tactic immediately!

    It could prove useful to other members.


    Regards, Jeff.


  16. #16
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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    For sure,

    Via my day job I've noticed that more and more creditors are using these demands rather than going down the route of a county courticon claim for a money judgment. It's not very nice from the debtor's perspective.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I have had 3 in total, 1 from Lowells and 2 from Connaught.
    Connaught sent the first in the form of a simple letter which stated it was a statutory demand etc etc, this was over a year ago.
    The second from Connaught was the type which everyone seems to be getting from them, A4, stapled together with little blue triangle and delivered by 2nd class mail and followed up 2 weeks later with a 'Time is running out, contact us now to resolve this' letter.

    I would add that I have had no contact whatsoever with Connaught so these were total shots in the dark as they have also tried to contact me at 2 other addresses.

    I will PM details of Lowells as I am in dispute with them at the minute and dont want to give too many details.


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Quote Originally Posted by Belaflat View Post
    I have had 3 in total, 1 from Lowells and 2 from Connaught.
    Connaught sent the first in the form of a simple letter which stated it was a statutory demand etc etc, this was over a year ago.
    The second from Connaught was the type which everyone seems to be getting from them, A4, stapled together with little blue triangle and delivered by 2nd class mail and followed up 2 weeks later with a 'Time is running out, contact us now to resolve this' letter.

    I would add that I have had no contact whatsoever with Connaught so these were total shots in the dark as they have also tried to contact me at 2 other addresses.

    I will PM details of Lowells as I am in dispute with them at the minute and dont want to give too many details.
    Hi

    I have just had a stat demand from Connaught today....exactly the same with the blue triangle....2nd class post,.....


    Im sending them a letter tomorrow for the deed of assignment....

    Have they chased you anymore with the stat demand????

    Also my stat demand has come in my maiden name....you think they would get my name right


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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    Are they real stat demands, or just threats of them?

    Those things cost about £150 to issue, to seems an expensive tactic if they're using the scattergun approach. Also, if you issue one and don't follow it through with a BR petition, you lose a lot of credibility with the debtor.


  20. #20
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    Default Re: DCAs who send out Statutory Demands purely as a punitive measure / scare tactic

    I think you'll find most "stautory demands" are just sent by post. Then again, even a stat demand served by a process server isn't all that expensive. First link you find on internet search is £45 fixed fee.

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.


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