Thread: Statutory Demands, I need Help please *** WON + COSTS ***

I already have a thread open but need to escalate an element of it for help please.
http://www.consumeractiongroup.c o.uk/forum/debt-collection-industry/170816-good-afternoon-cabot-lowell-new-post.html
Some of the problem is on the thread above but I am now really getting out of my depth.
I have printed out forms 6.4 & 6.5, filled them in to the best of my ability. I'm not too sure it is correct not least because it is the first time I've seen them.
The S.D came on Friday and is dated 29.01.09 signed by the solicitor representing the DCA (Same office incidentally, Marlin/Phoenix/Potomac/Sarl).
From advice on my other thread I found the forms mentioned above and because I have Monday off from work would like to take them to the court, ironically the one that the Solicitor in the S.D. suggests.
I guess basically I need support in that I'm filling them out correctly, help in writing the relevant information for item 8.......Say that the Statutory Demand does not comply etc etc .............. Asking if I do indeed just turn up at the court on Monday to present this application and any other thing I might have missed.
Please someone advise and help me, I thought I had got over the worst as you might see on my other thread but this might just be the one that shows me the edge.
Lowwill

Ok I will check out your other thread for you and see what I can advice I just won my set aside lat week so dont worry I'll be back in a bit.

Right have you made any type of payment on this account and did they respond to your CCA request? If so what did they send you? Is this debt for Marlins I take it.

Shawn0109 we think we have not made any payments to Marlin but we did write on several occasions explaining our sutuation and offering a sum of money each month but they just kept pushing. I joined this forum and was advised to request a CCA and send £1. postal order. I did that on the 28th November 2008. On the 3rd December 2008 they replied saying that they did not hold a copy of the agreement but had applied for one. On the 20.01.09 I sent them a letter (taken from the forum) saying that they had failed in my request and were by stature out of time. I also sent a copy of their letter and the same one from the forum to the solicitors who had written to me from Marlins office. Yesterdays Statutory Demand is their response.

Right ok you put in your form 6.4 that the debt is disputed on grounds that a CCA has not been complied with and that the Creditor does not have the said agreement for which this Stat Demand has been issued also go on to note that you have made numerous requests to the DCA involved to obtain this information and your request have gone ignored. If you have all the correspondence you sent to them and the correspondence that you have from them I would also take this to the court and have it photocopied by the clerk at the court so they can attach it to your case file, also include the proof of posting photocopies only keep the originals as long as that is in there the judge will know about it.

Oh also include anything else like any charges that have been applied to the account in question, but this all on your set aside form.

Just like I said they are in default of your CCA request just put that in on your forms, but dont lie as you have to swear this when you take it to court on the bible, also mention about any charges on there like I said if they have charged interest late payment fees anything put it down on there but as far as it goes the fact that they havent replied to your CCA request and not produced the Credit Agreement what you asked for is a complete defence.

Shawn0109 just a thought, one of the other helpers on this forum suggested I contact the solicitor who sent the S.D. I'm not sure if this is wise. Secondly the S.D. came through the normal post, can it be they are trying it on? If I speak to the solicitor and say I'm going to challenge it by asking for a set aside are they likely to drop it. As someone also mentoned processing a claim to make me bankrupt is quite expensive and apart from not being able to pay through various reasons I have been very upfront with them and done my best at every occasion.

I wouldnt suggest it but it is of course up to you to do this, the SD was sent in the normal post second class or first class, stat demands ars really supposed to be served either by hand or by recorded delivery and since there is not CCA then really I wouldnt as I say bother calling the solicitors at all.

Ok here is my own opinion in this situation, dont phone them I never do, if you do they will try and force you to either pay the full ammount outstanding or they will say "Oh we will give you a discount" or some crap like that sometimes these Sata Demands are sent out to scare you into paying up and the DCA has no intention of going to court over it, it would cost them too much to continue a bankruptcy pentition and also it would do them no good because there is little chance they would get anything back, I dont know what your feelings are on the matter but I would stick by your guns and get the set aside application in then you will wait a few weeks for a hearing date once you get that letter your hearing depending on how busy the court is might be something like March or April it is nothing to be nervous of just you a District Judge and the other side if they even turn up, be polite always call the judge sir or madam dont intrupt the judge when he/she is talking, if the other side turn up and produce anything just respectfully ask for an adjurnment and if they dont and have not produced anything to the court the judge will more than likely set the damand aside. So try not to panic too much.

Thank you, I want to be convinced as I'm sure you know but I guess all the worrying in the world won't change anything.

If it puts your mind at ease have a look at my thread I was the same worrying but I managed to get through it, have a look it might not be the same but I can understand what you are going through. http://www.consumeractiongroup.co.uk...ml#post1953341

Shawn0109 On form 6.5 where we have to put our reasons for the set aside, should I chronologically list every thing that has gone on, ie all the letters from me, the CAB etc or should I compile a dossier and take that with me for the Judge to read through.

Thank you for the places to look at I'll go read them now.

State all and any information you can to support your application you dont have to chronologically list evry thing because if you are going to take letters with you to be photocopied from the correpondence between you and the DCA the Judge will know this is there as it is your supporting evidence the most important one will be the letter you got from them telling you they were going to request the agreement from the original creditor and have so far failed to do so thats the main argument to your case I think that they have failed in your request and are now in default on what is now a disputed debt.

lowwill I have to go for an hour or so if you have any more questions or problems feel free to PM me and I'll get straight back to you as quick as I can, in the meantime try not to worry or stress too much.

Shawn just read your thread, well done mate and thanks for all you are doing for me. Take care.

No worries mate you'll be fine you will get through this.