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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  1. #1
    Basic Account Holder Scooters Novitiate



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    Default Statutory Demand from Direct Collections Ltd

    Despite my offer for a payment plan to clear this outsdanding sum DCL have hit me with a Statutory Demand. I have 5 days to respond and will do so tonight. Before I do I wanted to check out with you guys.

    The sum is for unpaid rent and the amount is in dispute. The landlords afre trying to claim 3 months rent which includes the whole of the last month. We left the property on the 20th of the month and by our calculations the amount should be less 10 days rent pro rata. Also, the landlord still has our deposit as security (around 40% of the disputed amount)

    is the fact that the amount is in dispute reason enough to get the SD set asideicon and secondly, is the fact that they have not deducted their security deposit from the total amount reason enough to get the amount set aside.

    Also - I will be in a position to settle the outstanding amount over the next 2 months.

    it seems a bit arbitary - there is no CCA strategy I can fall back on

    please can you let me know the best approach

    I know SDs are heavy handed scare tactics but I don't want to ignore this.

    My strategy after getting it set aside will be to pay the landlords (not DCL) the outstanding amount less 750 and less the security deposit the are retaining.

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  2. #2
    Basic Account Holder Scooters Novitiate



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    Default Re: Statutory Demand from Direct Collections Ltd

    according to the Insolvency Service website I need to complete form 6.5 in order to apply to get it set asideicon - only they don't have a form 6.5 on the website and their phones go though to an outsourced debt managementicon company who can't assist


  3. #3
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    Default Re: Statutory Demand from Direct Collections Ltd


  4. #4
    Basic Account Holder Scooters Novitiate



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    Default Re: Statutory Demand from Direct Collections Ltd

    thanks,

    I think I might hand this all over to my lawyer as it looks like a minefield and I also think it might be a good idea to deal though a 3rd part of my appointment


  5. #5
    Basic Account Holder Scooters Novitiate



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    Default Re: Statutory Demand from Direct Collections Ltd

    Another question...

    The debt was run up whilst we were living in England but for the last 8 months we have been living in Scotland. The SD they have sent us is unclear which court they are pursuing us in but as it deons't talk about sequestration I'm guessing they are pursuing us through an English court.

    It also seems t be a lot more expensive for them to petition for sequestration rather than to prtition for bankrupcy.

    any ideas?


  6. #6
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    Default Re: Statutory Demand from Direct Collections Ltd

    What might they want to sequester? Are you now a homeowner or are you still a tenant? If you have no assets I would simply tell them this and invite them to bankrupt you - it'll cost them over a grand with costs and will guarantee they never even get paid a penny of the original debt.

    "Why CCJ when you can CCA!"
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  7. #7
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    Default Re: Statutory Demand from Direct Collections Ltd

    Quote Originally Posted by Scooters View Post
    Another question...

    The debt was run up whilst we were living in England but for the last 8 months we have been living in Scotland. The SD they have sent us is unclear which court they are pursuing us in but as it deons't talk about sequestration I'm guessing they are pursuing us through an English court.

    It also seems t be a lot more expensive for them to petition for sequestration rather than to prtition for bankrupcy.

    any ideas?
    they can take you to court where the rent was due eg england - english court


  8. #8
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    Default Re: Statutory Demand from Direct Collections Ltd

    That's two ancient threads resurrected by a first-time poster in two days.

    http://www.consumeractiongroup.co.uk...sey-Neighbours


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    Default Re: Statutory Demand from Direct Collections Ltd

    I wonder if there is any merit in asking the forum administrator to lock any thread which has been inactive for more than a year?

    [B]Note[/B]

    This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

    This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.


    Further information:

    [URL=http://www.communities.gov.uk/documents/housing/pdf/138289.pdf]Assured and Shorthold tenancies - A guide for tenants[/URL]

    [URL=http://england.shelter.org.uk/get_advice/renting_and_leasehold]Renting and Leasehold - Advice from [i]Shelter[/i][/URL]


    [i]All posts are [b]opinion[/b] only[/i]


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