Hi,

I think I found the wording for the letter,

(EDIT to suit)

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely

Hope that helps

subscribing...

Just a thought, if the number of SDs being sent out 2nd class post by the DCAs (especially it would seem by RED/Lowells) has increased so much recently, then there must be an impact on the costs, both in time and money, incurred by the local County Courts? A set aside involves the court clerks and then the judges' time for the hearing.

Surely the Courts have noticed the increase in the issue of SDs?

...like I say, just a thought...

Thanks for getting back to me so quickly.

I won't send anything before Thursday, cheers for doing the maths!

Are you suggesting that I don't fire CurlyBen's letter off until I get some more junk mail from RED through the letter box?

The main thing I want to get into thick skulls is to leave my credit ratings alone with the C.R.A.s. My credit files are clean and I want to keep them that way!

Any ideas which bits of CB's template to change please. (I realise that I'd have to remove the bit about 30 days elapsing since CCA request). Or any other suggestions of what to send them?

Thanx again

Hi,

Just bumping this as I'm getting really anxious again...

I've not had an acknowledgement of my CCA request which RED signed for on 4th March. Their 12+2 days is up on Wednesday this week and my set aside hearing on 9th April. all I've had is the "You have ignored the Statutory Demand" letter as posted earlier.

Is this deafening silence a positive or a negative thing?

Sorry to be a wimp but it's getting to me!

Thanx

Subscribing....

I was SD'd by these parasites on a statute barred debt

Hi,

I only found this brilliant forum a couple of weeks ago but I have learnt very quickly that you should NEVER phone these people. Don't do ANYTHING right now...someone with more knowledge will be along to support you soon. Honestly, it's almost like you find this forum and your guardian angel appears.

Listen to the advice you receive here and you will feel empowered.

Hi,

You need to hand the forms in to the clerk. They check them over and then will ask you to swear an oath that all the information you've given is true. They will stamp the forms with the court stamp and keep them. Once a date is set the forms are returned to you with the date of the hearing filled in.

The court staff were really helpful and reassuring so my experience wasn't too bad...hope it's the same for you too.

Thank you GodMother, I'll wait til the 20th and despatch it special delivery.

I'm still looking for anyone's opinion or actual experience regarding whether or not RED will pursue the Stat Demand right into the set aside hearing?

Hello again Godmother!

Haha! I think maybe all we victims of the RED terror should start shouting!

I've edited and printed out Curlyben's suggested letter but please could you advise as to whether I send it now or wait for the 12 working days to be up?

I'm was praying that they would withdraw the SD but I'm not hopeful now.

Thanx, as ever

Thanks Curlyben,

Can I send the letter now or do I wait for their 12 working days to be up? I've worked out that that will be the 20th March?

How does this affect my SD set aside, if at all?

In your experience do they usuall withdraw the SD when they get the date from court?

Good job you guys are around or I may have crumbled under the lies and threats that these **** throw at people!

Thanx

Hello again!

I just received a letter from RED this morning dated 11th March.

Quote: "You have so far failed to respond to the Statutory Demand or entered into a re payment plan

We would remind you that we could shortly be in a position to present a bankruptcy petition against you. If you were to be made bankrupt....."

A long list of the consequences of bankruptcy follows and fills the rest of the page...

"To avoid this you must contact us immediately on the nuber below to arrange the repayment of your debt"(yeah, RIGHT!)

NO acknowledgement of my CCA request which they signed for on the 4th, NO acknowledgment of the court date for the SD set aside.

Threatomatic?

Advice please.

Thanx

Hello Godmother,

Thanks for replying yet again, it's really good to know that you're around.

I keep telling myself that "no news is good news" but the doubts keep creeping back.

I seem to worry less when I'm being pro-active about this problem... I hate the waiting around.

What I'm really really hoping for is that RED will withdraw the SD (am I right in thinking they can do that or is a hearing inevitable?)

Thanks again, I'd have been lost without all the advice and support I've received from this wonderful forum

Hello,

Just a quick update-

Got a county court date for next month with regard to the stat demand set aside BUT I've had absolutely no response whatsoever from RED regarding my CCA request. In other people's experience, is it usual for them to at least acknowledge the CCA request or do they sometimes do a disappearing act? Help! The silence is deafening, I hate waiting for the post to arrive!

Hi!

I received a Stat Demand on the Saturday before last, 2nd class post and posted here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134225-advice-please-sd-received.html

Hope the advice I got from the guys on this brilliant site is some use to you

I'll watch your situation with interest...GOOD LUCK!

Hi,

Great idea to update the Sticky threads...my suggestion would be to put info regarding STATUTORY DEMANDS in there so it's quickly accessible please.

I received an SD last weekend for RED (via 2nd class post I might add) and, to be perfectly honest, I s**t myself! I had sleepless nights worrying that i'd lose EVERYTHING because of it!

Seems like these SDs are being sent out more and more frequently recently?

Thanx

Once again, thank you so much for the reassurance Goldlady, I know exactly what you mean...I find the whole of this DCA stuff scary but also fascinating!

7 days since RED signed for my CCA request..... it's the waiting in-between the fighting back that's hard to get used to.

Thanx

Hi Goldlady,

I'm not too stressed at the moment thanx

The main concern I have now is that RED/Lowells will be requested to attend the set aside hearing and may actually show up! I'm also worried, having read a new thread this evening, that I've acknowledged to them the SD being served on me-does the fact that it was not served correctly still stand? And can RED put a default on my credit records?

Sorry to ask even more questions, I'm confident most of the time then read something on the forum and the doubts resurface

Thanx

Hi,

Apologies if I'm posting in the wrong place, I'm a Newbie!

I too received an SD from RED/Lowell last week and it arrived by standard 2nd class post. I have been to County Court today to have it set aside but now I'm worried that by doing this that I've remedied defective service by admitting receipt?

What's your opinion please.

Thanx

Hello again,

Just an update on the situation.

I have been to the County Court handed in the required forms and sworn the affidavit. I should get a date for a set aside hearing in the next 5-10 days.

The court clerk was very helpful and reassuring and intimated that she didn't really expect RED to turn up at the hearing and that I would be able to explain my situation to the judge.

I'm glad I've been to do the set aside request but I'll be very relieved once the hearing's over.

Oh, and still nothing from RED in the post regards my CCA request...not even an acknowledgement of the request - although I'm assuming that they won't rush or maybe not even bother at all?

Thanks again to all CAGGERS who have helped me so far.

OK will do, thanx for the advice.

Will report back tomorrow with positive news hopefully!

Thank you so much,

I will be confident in court because I have done nothing wrong...

All I want is rid of RED parasites.

Until tomorrow......

Thanx Goldlady. I will present the set aside tomorrow morning.

Do I actually go in front of a judge tomorrow or will I be dealt with by court staff? Also, will I know right away whether or not the SD is set aside or will I get a decision later?

Sorry ask so many questions but legal stuff is alien to me!

I'll report back when I return from County Court

thank you for your help and support

Hello CAGGERS!

Please could anyone advise me as to the wording I have composed for a set aside of the SD from Lowell/RED? I'm going down to the County Court tomorrow morning so I'd like to be sure it's good enough.

I have taken advice from Goldlady and others but just need a little reassurance.

Here's what I have so far...

SET ASIDE NOTES:

I have no knowledge of any debt to this company, have had no previous correspondence from them whatsoever and have asked them for further information in order to establish the validity of any claim they may have.

The statutory demand was not served by the correct process i.e. it was delivered by 2nd class post and took 5 days to arrive from the date posted.

I am in possession of up to date credit reports which clearly indicate a clean credit record and no record of this alleged debt, or any other debt.

-Credit reports received 8th March8)8)

I therefore respectfully request that this statutory demand be set aside as I believe it has been issued incorrectly.

Thanks in advance.

Hi Godmother,

The clock is ticking... ... ... and I'm sure that a) RED won't come up with a valid CCA and b) that it's a Stat Barred debt anyway.

WHAT A DIFFERENCE A WEEK MAKES!!!... Thanx to this wonderful forum and the support it provides I now feel confident that I can be rid of these RED parasites!!!

Fingers crossed then eh?.....

Thank you

WOW!!!

Well done You!

Power to The People indeed!

I cannot believe, having read the posts in this form, the underhand, bullying tactics that the DCAs rely on to extract money from people!

Let's keep fighting!

Thanks so much once again Goldlady