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 diverse99 Novitiate diverse99's Avatar

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    Default Old Debt 6 years, issued Statutory Demand help

    Hi All

    1st crediticon have today sent me a Statutory Demand of Insolvency for a debt that is owed to Natwest Bank and is well over 6 yearsicon old.

    I have not had any communication with this company, sent letters or event telephone contact.

    Now this has arrived, obviously because i am on the Electoral Register in my new home.

    Apparently i have 18 days to apply to the court to have it set asideicon, do i apply to the court under the statue of limitations, i do not want to ring them as this will start the whole new 6 year thing off.

    Also there is no stamp on it from a court surely there would be the court address this was sent to, or am i wrong, is this just a scare tatic to try and get me to ring them?

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  2. #2
    Basic Account Holder bigegg Novitiate bigegg Novitiate

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    Default Re: Old Debt 6 years, issued Statutory Demand help

    You won't set the "six year thing" off again by phoning them - only by acknowledging in writing or making a payment.

    I believe (though I could be wrong) that you can apply for a set asideicon at your nearest court - and it should be free.

    Don't forget to send the "statute barredicon" letter to Wirst credit then you can report them to TS next time they contact you


  3. #3
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    1. Official court papers would be sent from the court, not 1st crediticon
    2. It would have the court seal
    3. It would have the address of the court
    4. If there is no address, how can you apply to have it set asideicon

    Send them this letter:
    Creditors and DCAs - Consumer Wiki


  4. #4
    Basic Account Holder diverse99 Novitiate diverse99's Avatar

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    Default Re: Old Debt 6 years, issued Statutory Demand help

    thank you for your advice, yes i did look for a court address and it said that if i wish to have it set asideicon i should apply to my local court or in the first instance ring them

    Maybe a ploy for me to contact them and slip me up?


  5. #5
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Sorry, re-read your post properly. Issuing an SD does not require court involvment, so yes you do need to apply to set it aside using forms 6.4 and 6.5 which you can download here:
    England and Wales Forms

    SD's are explained here:
    Legal Issues Explained - Statutory Demand


  6. #6
    Basic Account Holder bigegg Novitiate bigegg Novitiate

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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Quote Originally Posted by diverse99 View Post
    thank you for your advice, yes i did look for a court address and it said that if i wish to have it set asideicon i should apply to my local court or in the first instance ring them

    Maybe a ploy for me to contact them and slip me up?
    don't phone them!
    You do have to apply for a set-aside tho, at your local court.

    A statutory demand doesn't have to have a court seal - it does need to be "served", however - by a court process server, or possibly by FIRST class post.


  7. #7
    Basic Account Holder diverse99 Novitiate diverse99's Avatar

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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Ok

    Can i have it set asideicon based on the fact that Statue Barred


  8. #8
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    then its upto the 1st crediticon to prove that they have a written correspondance from me


  9. #9
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Can I ask, is this debt for more than 750? Do you own your own home?

    first crediticon are issuing stat demands like confetti at the moment. They issue actual petitions much more rarely, but you've nothing to lose applying for a set asideicon.

    EDIT: And yeah, you can use that as the reason... depending what type of loan it was. (Erm, what type of loan was it?)

    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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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Hi

    Yes 960.00 and i do own my own home well only in the last year. I will have it setasideicon, i will also in my application after reading other threads that 1st crediticon are abusing the process and issuing these like confetti, and i will also add a costs element for me as well.

    I need advice on costs as i am self employed is there like a basic hourly rate etc.

    It was not a loan i was overdrawn and was charges as well


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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Your costs would be the cost of attending a hearing, so basically traveling expenses and lost earnings. Have you written to them and / or paid them in the last six years?

    No need to include the fact they are issuing them like confetti, although it is the truth, it won't help your case

    Include the fact the debt was originally largly made up from bank charges, that you would seek to reclaim.

    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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    Default Re: Old Debt 6 years, issued Statutory Demand help

    i have never paid or offered to pay or wrote to them about this debt


  13. #13
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Hi

    Just to let you all know, i went to court to have the case set asideicon and 1st crediticon & Connaught Collections failed to show. The case was set aside and i was awarded my costs 101.75.

    Today a cheque arrived, they took me court for money, they never showed and now they have paid me.

    The funniest thing is ...

    I have now received another one from the same company for a different debt.

    Here we go again


  14. #14
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    Default Re: Old Debt 6 years, issued Statutory Demand help

    Keep us posted....and VERY well done !!!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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