Statutory Demand 1st Credit/goldfish - **WON + COSTS**

**surprise** · 11th October 2008 17:36

My daughter has received a Stat Demand from 1st credit icon

but I am confused by it. I have been doing some reading to try and get my head around it.

Background. I was reclaiming charges from Morgan Stanley during which time it went to Goldfish then Goldfish sold the debt to 1st Credit. There is no signed agreement and terms and conditions icon

were freshly printed in 2007. I have been in correspondence with 1st Credit and advised them that we are still awaiting a signed agreement.

The Stat Demand arrived yesterday, dated 2nd October. I saw on another thread that it should have an official court stamp but there is no such stamp on this.

The stat demand merely stats

A - the debt was incurred by monies due under a financial agreement. The debtor is in beach of the repayment terms and has filed to adhere to the terms and conditions icon

of the repayment arrangements. The debt has been assigned as shown on Part C (p3) hereof.

B - The debt is in respect of outstanding monies owed to the creditor by the debtor for non-payment of a Goldfish agreement. The benefit of the debt have been assigned under an agreement to 1st Credit (finance) Limited 15/04/2008.

C - the amount due at the date of the demand is £xxxxx

Could some advise me on the best way to take this forward now please.

Many thanks as always.

Similar Threads:

**42man** · 11th October 2008 17:50

Amazing....despite the account being in dispute, they are issuing a statutory demand, and what's worse is THEY KNOW THIS....

OK....first things first how was it delivered ? does it have a name and phone number on it ? (I wouldn't recommend doing this however yo umight be interested in this... -

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.
This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

You have got 18 days in which to set this aside.....You have to totally dispute the debt.

You need to fill out forms 6.4 (set aside form) and 6.5 (affadavit) take them to your local county court icon

(ring first to check if they handle bankruptcies/insolvencies - if they don't they should eb able to tell you the nearest court that does).....once at your local county court, yo uneed to ask the court staff to 'swear' in your affadavit, leave the forms at the court along with any other documentation and await a hearing (or possibly a set aside)......this is time to 'fillet' their donkey...and a chance for you to get your costs back.....

Have a look at these threads....

http://www.consumeractiongroup.co.uk...connaught.html

http://www.consumeractiongroup.co.uk...st-credit.html

http://www.consumeractiongroup.co.uk...est-425-a.html

http://www.consumeractiongroup.co.uk...thin-week.html

http://www.consumeractiongroup.co.uk...rocess-sd.html

**42man** · 11th October 2008 17:54

And this one too (below)...also bear in mind that in the main judges do NOT like the insolvency service being abused as a debt collection icon

tool to collect on disputed debts......

You must fight this and claim your costs.....

http://www.consumeractiongroup.co.uk...edit-stat.html

If you need any help, or aren't sure what to do please shout....but remember you have to substantially dispute the debt whether it be

Non production of a CCA

No statements, no default notices, no notices of assignment,

Abuse of process

You need to show the judge how incensed you are at being served with this and how shocked you are at their abuse of process and using the Insolvency service....!!!

**surprise** · 11th October 2008 19:28

Thanks for this. 2nd class post. Yes there is a named person but has been pp. on his behalf, surely this can't be right?

Where do I get forms 6.4 and 6.5 from please. Sorry at a complete loss with this as I have never had to do this before.

many thanks

**PossVox** · 11th October 2008 19:40

Hi,

You can download the forms from here:

Statutory Demand

in PDF format.

The links are near the bottom of the page.

Hope this helps

PV

**surprise** · 11th October 2008 19:43

Thank you.

**PossVox** · 11th October 2008 19:45

I had the same situation as yourself and, with the invaluable help and support of the wonderful people on this site, I WON!

Take a look at my thread here:

http://www.consumeractiongroup.co.uk...ml#post1415695

Good Luck!

**PossVox** · 11th October 2008 19:53

You're most welcome!

Keep us posted and shout whenever you need some more help or support.

PV

**MONX** · 11th October 2008 20:05

Dont worry Surprise,

I was where you are now and like Poss Vox and at least six others, all have had successes in the last month or so.

With the help and support of the members of the CAG icon

(and no small part to 42man with his brilliant letters) we all managed to strike a blow against the DCA icon

's in their misuse of the insolvancy process. Not only were we successful in getting the SD's set aside icon

but in 85% of the cases the judges have awarded costs as well.

You're in good hands!

**nevos** · 11th October 2008 20:30

Hi,you may want to read through here

**surprise** · 11th October 2008 20:38

When you take 6.4 and 6.5 to court are there any fees that have to be paid at that time.

**PossVox** · 11th October 2008 21:16

No fees, it's free!

That's one of the questions I asked too!

Chill out.

You'll WIN!

PV

**surprise** · 11th October 2008 21:32

I'm fine. The problem is my daughter works away Monday to Friday and is only at home at weekends. I have read a lot of the threads and I have downloaded 6.4 and 6.5. What I am confused about is the bit on 6.4 where it says attend before the Registrar as follows:

Date: Time: Place:

We don't have none of this info - I quite happy to fill in the bits about why it should be set aside icon

- how do I find out which Court this will need to go to.

I hope you're in for the long haul?

**MONX** · 12th October 2008 09:23

Ok

Fistly you click on here : The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available you will be able to find your local county court icon

on here, give them a ring on Monday and find out if they deal with SD's, Its usually the Family and Bankruptcy section who would deal with them.

Once you've established which court you are going to use, you fill in 6.4 and 6.5, you leave the bit with "court, time and date" as the court actually fill these bits in.

Once the Affidavit is filled in you take it with your SD (take copies of it as my court wanted the original) to the court and "swear in" your affidavit, here you will swear on a bible/koran/talmud etc what ever faith you follow, which is witnessed by the clerk and then it is given to the judge, some judges make a decision as to whether a hearing is required straight away but most (from reading other SD threads on here) just send you a letter after about a week telling you and the DCA icon

when and at what time the hearing is.

Hope this helps

MONX

**nevos** · 12th October 2008 09:24

What I am confused about is the bit on 6.4 where it says attend before the Registrar as follows:

Date: Time: Place:

Hi, a) insert name of person to attend hearing.

Date, place and time will be the local court where it will be heard.

You will need to have an affidavit sworn and form 6.5..

Copied from another thread:-

And an affidavit looks like this...this you will need to get sworn at a solicitors (usually costs £5)...

AFFIDAVIT

I (name) of (address), (occupation)

MAKE OATH and say as follows:

_________________________ ___________
signature icon

SWORN AT (address)
this day of year

before me,

_________________________ ___________
(A Solicitor or Commissioner for Oaths)

Monx has covered it..

**nevos** · 12th October 2008 09:33

Surprise, is it a rude question to ask how much the demand is for?

**surprise** · 12th October 2008 10:22

Thank you all for you help, no it is not a rude question just over 3K. However, I was reclaiming charges for her April 07 from Morgan Stanley and I think these were in the region of 1K. I'm about to go through the file and get my facts straight so that I can do these forms for her. I have looked at the Courts and hopefully the one down the road from her will do this.

As she works away and normally would be travelling Monday morning instead she is taking it off to go to Court, would these costs be reclaimable as well as the costs for taking the day off when she attends? If they are then 1st credit icon

are in for a big bill as her hourly rate of pay is £28.00. Also, if the hearing is in the middle of the week, meaning she will have to travel down and go back, can she claim this?

**nevos** · 12th October 2008 10:38

Hi, we had an SD for about 30K, were in two minds to fight it or not, we didn't apply for the set aside icon

and waited to see if they were really serious, they turned down offers of monthly payments, added interest icon

and solicitors costs. To cut a long story short. We did fight it with great help from CAG icon

members and won. The other side withdrew the petition and the circuit judge advised wife to claim for costs.

One thing we didn't know was, they had registered the SD at the land registry also local authority. We have to pay to have it removed, and we needed a copy of the order to remove it.

My point about the amount was that: Many DCA icon

's use the SD to frighten people, it costs them around £500 approx to petition your bankruptcy.

As far as I am aware, if you can have the demand set aside then you may ask for costs, sometimes the costs awarded are greater than the amount of the demand.

Good luck!

**surprise** · 12th October 2008 10:50

If it is going to cost them £500 then what if we offer them £500 as Full and final icon

settlement, bearing in mind there is no signed agreement. I am sure she would be happy to do this just to get them off her back. If we do this do we do it before we present the forms to Court.

**nevos** · 12th October 2008 10:55

I would not make any offers if I were you. This would effectively acknowledge the debt and will not help you. As far as I know even in court you can not make an offer apart from full payment and or secure the debt.

The reality is that their costs will be closer to £900.

An SD should not be issued for less than 5K IMO.

Stick to your guns and blow them out of the water.

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