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  1. Would you suggest offering the solicitors a voluntary charge on the property? If they refused and it went to court, would that be a way of getting the proceedings halted, by pointing out they have turned down a reasonable way of securing the finance? On the stat demand it reads; The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction. Could they refuse this?
  2. The stat demand is well past the 18 days though, isn't it?
  3. Hi all, I'm just going through a new client's details and I see he has a hand delivered statutory demand, from Gill Turner Tucker solicitors, in respect of a debt owed to a business property lease, the debt around £18,000. He has equity of approximately £30,000. The SD is dated 6th November - any tips as to what we can do next? Many thanks!
  4. Could someone critique my letter? Name Address Weightman’s Reference: xxxxxxxx 19th December 2009 Dear sir or madam, 2.2 Examples of unfair practices are as follows: b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge I write in regards to a complaint under OFT guidelines section 2.2 (b). You are currently collecting upon an alleged debt for Equidebt. Both myself and my debt management company have received calls from yourselves in which it is stated that I must submit to a voluntary charge on my property, or you will get a charge attached through the court. This is a threat you cannot be making. There is no claim, there is no judgement, and the outcome would not necessarily be a judgment against me. You have made a threat that, as solicitors and (I assume) followers of the SRA code of practice, you should not be making. The calls you made to (my debt management company) were recorded. You have acknowledged receipt of my financial statement, disposable income and pro-rata offer to the alleged debt. During these calls the statement that “you will go for a charge” if I do not agree to your proposal. Again, you should not be making this threat or presenting it as fait accompli. Please treat this as an official complaint, and send me a copy of your complaints procedure, together with a letter from a relevant authority explaining your position on this point. You will already be aware that Equidebt are in default of a request to supply a true copy of the CCA. Yours faithfully, Mr. Client
  5. Just spoke to Weightman's - they say no action is pending as they are waiting for the CCA from Equidebt . I'll be waiting with interest...
  6. Don't think so - they were demanding an amount higher than the clients pro-rata share to them (which they'd seen & acknowledged) with the stated intention of going for a charge should they not get the monies they wanted.
  7. Thanks Shadow, I'll monitor this one, then if they go for a claim without providing CCA then we can back things up with this transgression...!
  8. No, it wasn't standard - this was very specific...
  9. Oh yes - but I was also going to twist the knife by informing them that their recorded & official threat of a Charge before the CCJ had been issued, acknowledged, defended or admitted was... what, abuse of process, or something? In this case, they were using the threat of a charge as a lever to try to get a payment arrangement in place.
  10. Here's the story - I have a client with a debt with Weightmans - they've been on the phone both to the client & myself, and what they've stated (on a recorded call) is that they want £xx or they will go for a charge - they have NOT issued a claim or got a judgement yet - they are just making the threat as though the judgement is a definite. They shouldn't be making this threat, should they? Does anyone know of a letter template that would suit this? P.S - The debt is still owned by Equidebt - they were CCA'd 03/12/09.
  11. Quick question - how fast could Optima have got the claim form issued to my client? Could they have whipped it out AFTER MBNA had been sent the CCA req? Still waiting for the post to get to me...
  12. Now that IS interesting... I'll be speaking to her a bit later, I'll see if she has that letter.
  13. Thanks everyone - it's a bit hectic here so I'll have a read when I get a minute! Cheers for the advice!
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