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  1. To answer my own above question,I have just read through all your threads 42Man, I must say i am shocked at what happened to you, but so glad you managed to fight it and win. Just out of interest, have you ever heard of this happening to anyone else, as I was blown away by it all!!!!!
  2. 42man. You say 1st credit did this to you, made you bankrupt? do you mean they actually, petitioned to make you bankrupt? Did you receive a SD? if so, did you try to have it setaside etc? Can I ask was this for a credit card debt? As I was lead to believe this was very rare for this type of debt!!!
  3. How did you receive the Stat Demand? was it by post? if so, I suggest you read this first before making any decision on what to do about it. http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html?highlight=statutory+demands
  4. Thank you for your advice, very much appreciated. I have copied and saved the above letter you suggested just in case, tks. For now I think I will hold fire and see what there next move is, fingers crossed they do nothing, but if they do I will be prepared. Think thats probably best for now, I was really scared, but after after reading their demand letter for the 500+ times, I think its a crazy, oh did I mention it wasnt even on headed paper??. Thank again. Will keep you posted.
  5. AKTIV KAPITAL ASSET INVESTMENT. Has anyone had any dealings with these people?? Today I received this letter from them. Seven Days Notice TAKE NOTICE that the amount due on the above account and for which you are liable still remains unpaid, and we do hereby require payment from you within SEVEN DAYS from the date of this Notice of the account amounting to £*****. And hereby give you Notice that the same maybe posted or paid direct to this office WITHIN SEVEN DAYS, and in the event of your default in Payment of the same, our Solicitors will forthwith institute proceeding against you for the amount, togethr with all reasonable Costs and Charges attendant on such default. Given under my hand 22 aug 08. Call Serve re:AKTIV KAPITAL ASSET INVESTMENT. Anyway, the letter has no reference or account number, nothing bascially!!. I havent heard from these people before, I had not had any paperwork to state they have been assigned a debt of mine and I dont recal owing that amount to anyone. It was just sent 2nd class post. Not sure what to do, any advice. Thanks.
  6. So the SD was a valid one then? how did you find that out? and if you have nothing why are they going to proceed with a BP against you?
  7. I cant be of much help I am afraid, but I do know this, they cant proceed with bankruptcy, while there is an outstanding stat demand waiting to be set out aside, I hope this helps somewhat until someone else can really help you.
  8. your very welcome, I know all too well how worrying this stuff can be. The guy that posted the above information is a lawyer that helps out on a different site, so as far as I am aware and from other stuff I have read on this site it is correct. I am sure someone else will confirm this that knows more than me. Good luck to you. let us know how you get on. Ps. have a read of this too Point 2 Besides all the foregoing, the creditor at present would be unable to verify on oath when the SD came into your hands. Being unable to do this prevents the creditor from fulfiling the requirements of rule 6.11. rule 6.11 says: (1) Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit or affidavits proving service of the demand. (2) Every affidavit must have exhibited to it a copy of the demand as served. (3) Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service. (4) If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit. (5) If neither paragraph (3) nor paragraph (4) applies, the affidavit or affidavits must be made by a person or persons having direct personal knowledge of the means adopted for serving the statutory demand, and must— (a) give particulars of the steps which have been taken with a view to serving the demand personally, and (b) state the means whereby (those steps having been ineffective) it was sought to bring the demand to the debtor's attention, and © specify a date by which, to the best of the knowledge, information and belief of the person making the affidavit, the demand will have come to the debtor's attention. (6) The steps of which particulars are given for the purposes of paragraph (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition. (7) If the affidavit specifies a date for the purposes of compliance with paragraph (5)©, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor. ( Where the creditor has taken advantage of Rule 6.3(3) (newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit— (a) the means of the creditor's knowledge or (as the case may be) belief required for the purposes of that Rule, and (b) the date or dates on which, and the newspaper in which, the statutory demand was advertised under that Rule; and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand. (9) The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2). You will see that included in the strict requirements of rule 6.11, the court still has power to decline to file the petition if not satisfied the creditor has discharged the obligation under 6.3(2). We know service was by 2nd class post. Service that way doesn't discharge the obligation. A petition is not going to get past the filing clerk, UNLESS service can be established by some other way, ie (a) because you wrote to them acknowledging service or (b) you said so in an application to set the SD aside
  9. I found this on another debt site for you, hope it is of some help before someone else comes along who can help you. IF the creditor does go ahead with a petition, then they have to present a sworn affidavit to the Court to certify when and how the Demand was served, which they obviously can't do if they just posted it (or at least not without perjuring themselves).
  10. How was ithe stat demand served? in person by server or through the post? if it came through normal post, you might be able to fight the petition by saying you didnt receive the stat demand. I am sure someone will be along shortly to confirm this. gl
  11. Oh my, I must say I am confussed now about why all this hostility??. surely we are all here for the same thing, to help or be helped! surely we should be grateful of all the advice/help we can get, I know for one I am and lets face it X20 seems to really know his stuff and he even got a thicko like me to start understanding the law. Ok, off soap box now.
  12. Wow X20 that post was great, for the first time I am starting to make head and tail of all this. Pls dont leave there are lots of us on here that would be really grateful of your help and advice, as we do of all help and advice ty.
  13. Thank you mr.ton, that link was very useful.. Although I still dont understand the bit about how it is served, post or server? the national debt line says a DCA has to prove that they tried to serve a stat demand, before just sending it in the post? so leading back to why get it set aside if they just send at the first attempt 2nd class post??? guess its just me being thick, I just dont understand, Tks anyway.
  14. Ok, what I really dont understand about all this is, oh pls feel feel to correct me on anything I havent got right, as I am a newbie and just trying to get my head around it all. Are DCA sending out stat demands (2nd class post) as a bluff/scare tactic? if so, why do we need to get it set aside? (this is the bit I really dont unerstand) surely if they had any intentions of following through with it, they would have it served properly? If it is just to save money, then surely the DCA would just go for a bankruptcy pet and say they have sent a stat demand through the post, when of course they havent!! lots of post goes missing every day, surely a court wouldnt believe a DCA, when they say oh we sent a stat demand and got no reply and of course there could/would be the geninue cases where people dont receive them. Surely this is an abuse of the law isnt it and all too easy to go for something so final as a bankruptcy. I am not against getting a stat demand set aside, and from what I have read I probably would myself, although I would be scared, as a few people have stated they have had a rough time from the judge getting the set aside, as some judges didnt seem to understand about a CCA is needed to be supplied for a debt to be enforceable. Maybe one judge wouldnt set it aside, what would happen then? I just dont really understand?
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