Introduction to Statutory Demands A statutory demand gives a person 21 days warning to pay the debt. After that the statutory demand has runs it course and it can followed by a bankruptcy petition. In the minds of a creditor or a creditor’s solicitor a statutory demand is the legal equivalent of a 'warning shot from a gun'. This is because the average debtor is so scared by 'what may follow' that they usually pay up. In fact statutory demands are so successful that in 99% of cases following the issue of a statutory demand a bankruptcy petition NEVER is issued. Many creditors are so shrewd that use various internet websites to let the banks, credit reference agencies and other public interest groups to publicise the statutory demand which can be disastrous for someone. What is a statutory Demand? A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor. Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent. Why are Statutory Demands to powerful?[/font] § The Statutory Demands procedure is simple to implement. § To issue a statutory demand all you need to do is complete a form. § You can send a statutory demand by recorded post, without the need of personal delivery. § You do not need a solicitor to issue a statutory demand. § You do not need to pay expensive court filing fees issue a statutory demand. § People assume that a solicitor has been utilised so get scared and pay immediately. What is the point of a statutory demand? A statutory demands is supposed to make sure the person in debt pay the amount owing this is either carried out by paying in full or:-It is a way to get the debtor to offer his or her property as security orIt is a way to get the debtor pay up in another agreed way. Such as instalments. When is a statutory Demand a threat? § A statutory demand is something to worry about if your debts are over, say, £1000. § A statutory demand is a threat if the person after the debt is wealthy enough to carry out the bankruptcy threat the whole way. § A statutory demand is a cause for concern if the person after the debt is bitter and angry enough to actually make you bankrupt. § If you are a home owner or actually have assets you are at risk of losing if you go bankrupt then a statutory demand is a threat. § The person you owe the money to knows you are a home owner or have assets therefore is willing to spend money making you bankrupt. § If your reputation is at risk by the public finding out about the statutory demand process being started against you. How to reduce the risk of bankruptcy following a statutory demand § To avoid bankruptcy reduce the debt to less than £750. § Offer to pay the debt by instalments. § Make a reasonable offer to settle the debt. § Apply to have the statutory demand set aside The procedure to get a statutory demand set aside. After the period of 21 day from thestatutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy. One method of avoiding bankruptcy is to get the statutory demand set aside. To successfully get a statutory demand set aside one or more of the following must be satisfied:- § The amount stated on the statutory demand is disputed. § The person issuing the statutory demand also owes money. This is called a counterclaim. § The person issuing the statutory demand is holding security that equals or exceeds the amount owing. § The demand was issued in error. § The amount owing is less than £750 § Execution has been stayed on a judgement debt. § The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back. § The creditor failed to comply with the rules and prejudiced the debtor in the process. What are the time limits to get a statutory demand set aside? An application to set aside must be made with 18 days of the statutory demand being served. What forms must be used to get a statutory demand set aside? Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court. Can the court dismiss an application to set a statutory demand set aside? Yes, if application if there are no reasonable ground to do so.

Afternoon, the attraction of a stat demand to an organisation like capquest is that they cost very little. It’s just a form that is sent to the person you’re trying to intimidate and, even though it is not issued by a court or sent by a solicitor, it looks official and usually makes people panicky. The first thing to consider is the service of the document, if it is served by hand or even sent by recorded delivery it needs to be taken more seriously, if, however, it is sent by first or second class post it is likely to be part of a fishing expedition, and I wouldn’t take it too seriously. Enforcing bankruptcy on a person is very expensive and these guys are not in the business of risking money unduly. If it was me then I would ignore it, but that’s me and just look where that attitude got me, in the sh!t and a member of CAG is where it got me. These things are not difficult to have set aside and I’ll hunt down the info and point you in that direction a little later. Dogs

By the by noonmill is your good mood and lack of debt a result of leaving Bolton?

Morning noomill060 that's what I thought, hoped. I'll do some work on POC and post it here to see what people think.

Hi Natty It’s me not being clear. When I looked through the full statement of account there were a number of issues apart from the charges. I have issued proceedings against them for the charges and they made me an offer, when I spoke to their factotum I was assured that accepting the offer would not exclude me from pursuing other action against them. When the agreement arrived it was not as described and so I refused to sign it and the case for charges continues. There are various other issues; an early redemption charge which is clearly a penalty charge, extortionate solicitor’s fees for which I have requested a schedule, etc.ect. I went for the charges because it was obvious that they were unlawful and I have begun proceedings against them for the ERC but I cannot get them to explain to me why this specific payment arrived in the account was debited, credited and then debited again in effect, cancelling itself out. I have written to them several times but they do not respond to me and I wanted to know if there is some legislation I can use to make them provide me with a comprehensive and comprehendible account of what they have done with the 9 thousand odd pounds which they milked from my account when the mortgage was repaid. Dogs

I thought I'd try again before the thread, peters, out. Anyone

Anyone?

I could just fill in an N1and go for it but there's a chance that they might have a reason for moving the money arround. I would rather find some legislation that forced them to disclose what they have done

My previous mortgage company has, eventually complied with my DSAR. Looking through the full account statement I noticed that a payment I made into the account, by cheque, for a sum in excess of five hundred pounds and some pence was credited to the account. On the same day it was debited from the account and credited again on the same day. That is two credits and one debit on the same day. Some 4 weeks later exactly the same sum was, once again debited from the account and described as an interest charge. I was suspicious because the amount was odd and it seemed unlikely to be a coincidence and so I contacted the mortgage company asking for an explanation in November of last year. There are a many other charges for which I have requested explanations and I have written a number of letters since October 2008 with no reply. I have begun proceedings against the company for unfair charges and have received an offer of payment in full and final settlement but I have turned this down because the required me to sign an agreement that I would take no further action against them at all and I was not prepared to do that. Is there a way in which I can get these ******** to account for the loss of this money from the account?

Jay, how did it go? I think that if you have called the bailiffs you'll find they are human and, the last thing in the world they want to do is turn up at your door with a big van. Most of them will tell you which form you need to use to have the warrant returned, some even send them to you. Good luck with this. Dogs

Would Section 142 (1) CCA be able to help in this case? Wouldn't it be an option to apply for a declaration that the debt was unenforceable?

For Pete's sake

I really want to get these b@st@rds to cough up the agreement. Is there any way I can compel them so to do? Even at this late date?

baab, the personality of the judge is a variable that you just cannot control for. In the face of such unpleasantness you did more than well, you were bloody marvellous. Have a large one me. Dogs

evening noomill do you have a thread for the barclaycard claim? Is your name Pete? I spent 30 years waiting for a Pete to come along and then >>>>>>>>>>>>>>>>> 4 at once.

Just a thought, can I use their failure to respond to my CCA request for documents to compel them to produce the documents?

OK wrong apostle Any way my son's called Pete, my father in law and by brother in law are both called Pete as are my ex boss and by best friend. I can see no good reason why you can't change your name:D

Thanks Pete I'll get cracking on that.

Morning, I wouldn't dismiss the CICA route just yet. The injury doesn't have to be physical; in my previous life (before retirement) I compiled many reports to the CICA outlining psychological problems experienced by victims of crime. These do not have to be that dramatic, a change in behaviour for example, hesitancy about engaging in previously enjoyed activities because of fear of crime or uncomfortable recollections of the event might qualify.

For all the usual reasons I allowed this one to slide. The position is as follows. A DCA has a CCJ and a Charging Order, I’m fairly certain that this is due, in part, to poor case management. I was certain that a good proportion of the court documents did not reach me; I know that this is the excuse of the hapless but there have been incidents of documents that ought to have been sent to me and Mrs Dogs under separate cover being bundled into one envelope and then franked with insufficient postage resulting in the documents arriving too late for me to make an appropriate response to the court. In this same case I received documents from the court for another case with a similar Claim Number. Anyhow, as soon as I discovered CAG I sent both a CCA request and a SAR to the DCA. This was 11 April 08 for the SAR and 12 August 08 for the CCA request and the DCA has failed to respond to either of these requests, I suspect that having the Charging Order they felt they could ignore me. The solicitors acting for the DCA then made an application for a hearing to order me to sell my home, I understand that they were unlikely to obtain the order but they sent me a schedule of fees and I suspect that they wanted the court to award them costs. It was during this process that I discovered the case management issues, I complained to the court and the case was transferred to my local County Court. I have received a Notice of Directions from my local Court and they have allowed 15 minutes for a hearing in 3 weeks time. I have taken Pete’s advice about using CPR 31.16 and sent the DCA a request for the credit agreement (I do not even know who the OC is) in the hope that I can take the argument to them. I was considering using S142 if, as I suspect, the agreement is not enforceable, I’m just not sure about the best way to go about it.

Thanks for the PM UK, cheque's in the post. Dogs

They are asumed to be served when sent by first class post.

Good morning UK 26, found your thread about 2 hours ago and I'm still awake at 1.30am and it's all your fault (drips butter from toasted bagel all over his keyboard). Good luck with this but do not forget to keep your back covered. I'll PM you and get a postal order off to you on Monday.[/font] Up the wooden hill now, night night Dogs

subbing and wishing you well deedee. I hope your computer is feeling well

bump again