Thank you for the advice. I have listed me defence to have the demand set aside. Can anyone tell me if this is OK, or should I add to it? 1. The Statutory demand is defective because it does not show the appropriate County Court to which an application to set aside should be made. 2. The demand is made up of a considerable sum in cancellation charges which are disputed. 3. The claimant is in breach of their written offer insofar as to pursuing other debtors first. 4. The sum claimed in wrong as payments have been made on the account. Can I also list the Tweddle v Atkinson defense for the consideration?

No, I did not cash any cheques. There were a couple queries regarding one or two invoices that had been to the wrong company. One debtor owes over £70K and is holding out for a discounted settlement. The factoring company has not chased any of the debts, even though I have correspondence stating that is what they do in every case. The account manager at the factoring company has told me that I should lose my house over it and she does not want me to get "Scott free" away. Well I have not, I lost my job, business, car and own money. So I would not describe that as "Scott free". She has told a third party that she is gunning for me.

The letter also says "Defaults will remain on your file with credit reference agencies." I assume that because they do not have any signed credit agreement, they cannot have me in default of an agreement that there is no proof exists? If that is the case, what can I do?

Sent the bogoff letter to: Hillsden - Returned with a we will send your file back to lender, so I will wait for it to be recycled to another DCA. Cabot - Also sent a CCA, they returned my postal order with a "our client cannot find your file, you still owe this debt! As a gesture of goodwill we will reduce your debt by £100. This offer is on condition you pay by the 10th December. Failure to clear this debt will result in a charge being placed on your home." So, I have not been to court, not had a CCJ against me and they think I will pay because they make this threat? They must think I was born yesterday!

Bibby last week said they would accept £50K as the owed amount is now only £41K they have applied cancellation charges for the year. They will not talk to me and the solicitor is working of figures a month out of date. I collected £4000 in this week and paid it to Bibby so the figures are wrong. The relationship with the factor company only ended on the 3rd Oct, they have taken this action in just four weeks.

No, we were told by the business manager that she could never remember when they came onto someone for the guarantee. The have first charge on the debtors but have not chased anyone for payment. They just came to me.

The business was a limited company, I gave the guarantee as a director. The business failed because Bibby pulled the funding.

Part A gives the local court name and address.

It was delivered by hand. I am a home owner, but having just checked on Zoopla, the value is less than what I paid for it and have a mortgage for. I have blanked out the personal details and amounts.

Please help! I stood as guarantor for a factoring company (Bibby) for my business which failed. The factoring company has security on the debtor book to the tune of £150K, but are claiming £70K from me (£43,000 what they are owed and the rest in charges). They have made no attempt to collect the money from the debtors, but have just resorted to going for me. Tonight I have just received a stat demand from Bermans (not the normal court form, but their own version). I am beside myself with this. They have all the correct wordings but no court stamp. I am really down on my uppers, I am on income support and have no money to go to a solicitor to try and get it set aside. Any help would be appreciated.

I have looked around the site, but cannot find one. I am looking for a Bogoff letter. I have a DCA currently recycling a debt that is statue barred. My original debt was with HSBC who failed to chase it since 1999. They have said that the debt has been sold and want nothing more to do it. Lowell failed in my CCA, S10 and the other standard letters, then issued a mickey mouse SD, which I spent too much money getting a Solicitor to deal with. Lowell then passed the debt around their own group (Hamptons and then Red something) and now to JD Debt Recovery. I send out the usual, but the £1.00 postal orders are a pain as the post office is 8 miles away and I don't drive. So a nice bogoff letter that I can fire off the JD and then the next one they sell it to would be ideal, unless someone knows a way to get it off my back for once and all. Thanks in advance.