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SMD Credit Solutions - Statutory Demand


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One quick question, is it worth sending them an official letter of complaint?

 

Many thanks

 

Wouldn't bother.....let them issue an invoice or better still a court claim.

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By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

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By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

 

:lol: Hilarious that's just made my morning.

 

I've had more emails from them in the last 24 hours than I ever got over the 3 months they were supposed to acting on our behalf.

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Hi,

This thread has made me laugh. The sheer cheek of this guy is a wonder-NOT!

 

 

If he feels so badly about it, improve the service and stop crying when someone leaves an honest review. We should have the company name in the title so his web robots will pick up this thread and show just how wrong he is :smile:

 

 

We also have a review section on CAG where honest reviews are welcome.

 

 

We could also copy over some of the negative reviews from other sites and post them here. I'm sure this guy would be happy to see that we are an equal opportunities site.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Pers id block and bounce the email ad now

Let's see if the can write

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have put my out of office on until next week but will work out how to block their emails. I wonder if they haven't emailed yet because they are writing to us instead?

 

 

I will add a review on here too :madgrin:

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you should have used the response of Arkell v Pressdram.

 

Lets face it, they werent going to sue you as the amount they are threatening you with is more than ithe limit for the small claim track at county Court and they would then have to pay all of your costs when they lost, not just the cost of a day out. That could have been in the hundreds of thousands if you employed a most expensive barrister.

 

Apologinsing for their error is stupid enough but not as stupid as pointing it out to them,

you should have let them do their worst and then once it was down on a court form point out the elephant in the room.

By playing along you have made things worse for yourselves.

 

these companies rely on smoke and mirrors,

have no authority to do anything in the first place

and as you now know rely on false comments to stay in business.

 

The next poor sod wont appreciate a pack of lies as a review, regardless of why it was written.

Edited by dx100uk
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Stand up to them and they will just crawl away as they are playing poker with a busted flush. Once they know you know this their game is up.

 

 

Anyways, unfair contract, planty of case law on thsi going back more than a century. Also a comment left is subjective so cnat be part of a contract, you could argue it is a wrok of art and not a comment about them at all

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  • 1 month later...

So nearly a month on from this I get an email this morning from SMD (I blocked them all so it came from an unknown employee) saying

 

Sue and Jay ,

 

It is Andy here , tried calling telephone but unable to leave a voicemail message , off the record can you call me please Regards this situation that has been going on with Google reviews and an Invoice you have received from my Director Mr Hassall , it will be escalated by himself .

 

I stated that I will call you , so if you want to call me ASAP I will try and stop this , my Director will Action a Statutory Demand , you can call me on 07583 716397.

 

Regards

 

Turns out they have emailed me an invoice for £12,000 on the 10th September (found it in the SPAM folder) and its due today.

Do I just carry on ignoring them? Can they apply to bankrupt us or close (‘wind up’) our company if we do not respond to the statutory demand within 21 days.

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bounce if back.

ignore

 

they cant serve anything by email.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If they did issue a SD, this can be set aside. If they were serious, they would have issued a proper court claim. Any term can be judged unfair by a court and this one certainly is. As for issuing an SD for 12,000, NAH!

 

 

Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.

 

 

At which point their dodgy T & C's can be shown up as very silly indeed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Private parking co's do a lot of this but when it gets to the court door they run away. They may be relying on your inertia to hope to sneak in a win but once you show that you are going to defend in full they will have to decide whetehr they want to chuck a lot of money at this and hope that you make them an offer or they will have to drop it. The8 court fee will be £600 so not a decision they should take lightly. Even if they drop it after issue you can get your costs as it wont be small claims

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Just taken a call from our Accountants, they have been handed a SD for our Company from SMD for £15K by a bailiff company.

 

The man handed it to our accountant laughing saying he doesn't think SMD will get the money, and it was addressed to the wrong address!!

 

 

Just waiting for it to come through the post to us! :|

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It may not come through the post...A Statutory Demand should, whenever possible, be personally served on an individual, usually by a process server who will visit your home, or place of business, and hand the Statutory Demand to you directly. Sometimes creditors will send a Statutory Demand through the post and I have even seen them faxed or emailed. Whilst these are unconventional methods of service, it is not safe to ignore them and a Statutory Demand, however received, should be acted upon.

 

Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

 

If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. The company should seek legal advice before applying to the court.

 

If the company succeeds in its application to stop the creditor presenting a winding-up petition, the creditor will have to pay the hearing costs. If the application fails, the company will have to pay them

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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wasn't a bailiff

was a process server company

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If your company has a valid defence to the demand, you can apply to the court to stop the creditor presenting a winding-up petition....dont just do nothing and wait for another in the post.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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We have now received the SD from SMD Credit Solutions Ltd in which they claim we owe a total sum of £15,245.15 details as follows:-

 

£12,000 Principle balance (based on 10 x £1000 reg fee for writing a negative review as per their dodgy t&c's + VAT)

£25.15 Statutory interest

£100 Statutory Compensation

£2160 Costs (???????)

£960 Process Serving Costs (this makes me laugh because a quick google shows they cost about £100)

 

£15,245.15 Total

 

I've taken legal advice (free 1/2 hour) and was told that we do have a case to defend because not only is the condition in their t&c's unfair but better still unenforceable. Which is basically what I was told here.

 

 

My question is do I get SD solicitors to reply to their SD requesting they withdraw it on my behalf and obviously this would cost or can I do this myself? If they refuse then I would have to go on to pay £280 to apply to the court for an injunction but I would have to pay that if they refuse the Solicitors too.

 

 

My gut tells me these morons are trying it on however the downside is they could potentially wind up our Company.

 

Many TIA

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Threads merged an moved to legals...please keep to one thread

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You will have to submit an injunction...get it into court

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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