Hi members, I'll start by apologising for another post regarding a statutory demand. I have searched other posts but it seems that just about every case is different. I received my SD on the 8th of January 2013 (after the serving officer informed me in writing he'd be coming on the 7th!) and it relates to a Barclaycard account that has been now taken over by Bwlegal. The debt remains outstanding as I thought I'd cleared this when I took out a secured homeowners loan with Barclays in 2008. My loan was paid out in a series of cheques that I had to issue to my creditors. I believed this was the case with the barclaycard payment but kept receiving demands. The demand notices had the fifth number of my account missing so I thought they'd figure out my payment eventually and ignorantly I'd decided they couldn't pursue me anyway for an account that wasn't then same as mine (because of the wrong account number). I contacted Barclays secured loans department on tuesday (8th) and asked them whether they could confirm that the cheque for Barclaycard had been cashed and if so to what account the payment went but was told by the customer service assistant that that would take too long so the best he could do was to send me a list of the cheques that were issued and for what amounts. I was told this would take up to seven days and up to today I still have not received this information. The last thing I need right now is to be declared bankrupt and loose my home as I have a wife and three kids, the house has a mortgage and the secured loan so I doubt that I have any equity especially if the house is taken away from us and sold at whatever someone is prepared to pay. I do have a car that I use for work so again could do without loosing this. Because of the timescales am I better just trying to offer Bwlegal some kind of monthly payment? also what happens to the money that I borrowed and am repaying if I haven't actually used the full amount of the loan by the cheque for barclaycard not being cashed? I know in hindsight that this should've been sorted out in 2008 or even 9 but I really would appreciate any advice anyone can give me as sleep deprivation is making me increasingly irrational.

I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!

I received a statutory demand from Lowell on the 7th November 2012. The demand was regarding two debts which they had bought from other companies, both of which are originally catalogue debts. Having spoken to the national debtline, I was advised that as these were catalogues which were taken out pre April 2007, I should send a CCA to Lowells and if no credit agreement was supplied, to apply to have the demand set aside,which I did. A hearing was set for the 17th December at which their solicitor requested more time for them to respond to the CCA request. This was granted and a further hearing is now due on the 14th February. The letter I received from the court says: IT IS ORDERED THAT: 1. The Respondent do file and serve a statement in response to the applcation by 4pm on 15th January 2013. 2. The Applicant do file and serve any response by 4pm on the 29th January 2013. 3. The matter be relisted for hearing on the 14th February 2013 4. Costs in the application. Is there anything I need to do now? Obviously Lowells need to file a statement first, will I get a copy of this, or do I need to ask the court for a copy? Other than waiting to see what the statement says, is there anything I should be doing in the meantime? Any advice would be much appreciated.

Hello! I received a statutory demand by hand on the 3rd Jan. I've contacted the CAB as it states on the form but they couldn't offer any help or advice on how to get the thing set aside! It's for £5000 and its the balance of a loan from the bank for £25000. I requested a copy of my credit agreement which they didn't have, and from the little research Ive done and from what I've heard that means the loan is unenforceable? Is it correct as well that if I was self employed when I took the loan out they shouldn't have sold me PPI? Any help/advice welcome!

Hi, we arrived home this evening to a letter claiming that we had been visited on 3 occasions and that whoever they are are visiting again on 9/1/13 to serve my wife with a Statutory Demand. The only thing we can think off that this might refer to is a Cap one CC we had a few years ago which was sold to lowell. 2 or 3 years back we applied for the credit agreement from Lowell and got the usual stuff back from them which turned out to be nothing more than an application for the card, ignored them and now this. Now my wife is on benefits due to ill health (I work) and we have a mortgage with neg equity and a charging order already on the house. What would be the best route for us to go down? Many Thanks Sorry if this is posted in the wrong place....

Hi I have received a letter from Red threatening that the next action they are going to take is to issue me with a statutory demand. The debt is a catalogue debt, and is around £378 in total. I have not been making payments to the debt as I am unemployed at the moment and I suspect a large portion of what they are claiming I owe is charges. I can't afford the monthly amount they are asking for. National Debtline advised me that based on my income I can only afford to make token payments of £1 per month but I can't see them accepting that. I hope to find employment in the New Year and be in a position to make higher payments. Are they likely to issue me with a SD or is it an empty threat? If they make me bankrupt they will get nothing as I do not own my house and I have no assets.

I was served a statuory demand by BWlegal/Lowell on behalf of Barclaycard on 10 December 2012. The debt is disputed about the CCA - which I have copies of the dispute. I have a letter from BC acknowledging my dispute and they sent me a photocopy of their T&C but no agreement, nothing with my signature etc, so i disputed the debt again. They sent it onto Cavells and they tried pushing for payment and I sent them a "in dispute so send back to BC letter" which they did and nothing further was heard from them until the stat demand came. The stat demand put my local court as the court who is dealing with the stat demand. I rang the local court and they have no knowledge of this, but they did inform me that they are not the court in my area that deal with bankruptcy, so the wrong info was entered on the stat demand by BWlegal I contacted BW and informed them of the dispute and immediately emailed copies of all requests to BC re CCA, their response - pages of T&C's but no agreement, not even a blank one and certainly nothing with my signature or account number on. They responded with a letter stating they were asking Lowell for the CCA info to be sent to me and if Lowells didn't have it then they would contact the originial creditor so may take longer than the CCA time frame. Verbally they agreed to cease all action until the dispute was resolved, but they didn't confirm this part in writing (what a shocker!!) They told me all actiion would cease and i didn't need to do anything. Needless to say i totally ignored their advice and phone my local bankrupcy court (which isn't that locall!!) to ask what i should do. The court they told me i had to fill in a couple forms with any evidence that the account was in dispute and send it back to them within 18 days of it being served I completed the forms, included all the letters I have and signed the forms at home and posted it via special delivery. owever after speaking to somebody they told me that it won't count because i didn't take it to the court and sign it in front of them, so Bwlegal can make me bankrupt because i have failed to follow prcedure - is this true? Here are the all the documents involved - as you can see from the court letter it says nothing about needing to be signed infront of the court staff. I can't get to the bankrupcy court before the 18 days are up, so if the above is true about it having to be signed infront of court staff what can i do? Can anybody advise me on what to do next and what is likely to happen? Is non compliance of CCA a good enough reason to stop this stat demand?

Hi can anyone please help me? My mother in law has just been sent a statutory demand under section 268. She has approximately £3500 outstanding on a debt from a creditor that she has been paying for the last 5 years which she got acting as a guarantor for her daughter. She received a CCJ in connection with this originally and completed attachment of earnings forms which the judge later used to set up the installments to repay the creditor with an AOE Order, she has never defaulted from this original agreement within five years. Now she is obviously beside herself with worry just before Christmas of being forced to sell her house. Can she ask for this to be set aside as she has never defaulted and is continuing to make repayments, its simply the creditor wants his money quicker as stated in his letter to her. I have completed budget forms with her and things are tight enough for her without having to up the payments to him and we cannot get the debt under £750, what can we do? I would be interested in your responses.

One week ago I moved in a flat which I am going to leave by January as the house is going to be sold, Today I received this letter: The Landlord is unwilling to pay this bill and says that before moving in we agreed that I would be paying all bills except council tax. What should I do in this case? Should I write Thames water that it is unlawful to disconnect the supply as the property is occupied??

Hello this is my first time on a forum so please bear with me on friday 7th of december a representitive from bw legal knocked on my door i was not in but my wife answered he would not tell her why he was knocking just that he needed to serve something on me he left a number to ring. when i arrived i home i rang the number and was told he had a statutory demand to serve me and that i should ring bw legal to talk to them as soon as possible regarding the demand. i rang bw legal and the debt they are chasing is for a cap 1 credit card i stopped paying due to the fact i fell on hard times and tried to get a payment plan with cap 1 but they refused my initial offer so i stopped paying. i heard nothing from cap 1 for 2 years then a letter came from lowells saying they now own the debt i ignored this to and now i am at the point were i cant bury my head anymore, i spoke with bw legal and offered them 30 pounds a month but was told by them because i am paying other credit cards the repayment had to be a pro rata basis so the minimum they would except is 100 i have agreed to this for 6 months then they will review it as of yet they have not served the statutory demand and i am not sure what i need to do the outstanding debt is 4200. any help or advise would be really helpfull

Hi there, I have been reading similar posts to this from people in a similar situation but wanted to ask advice please. On the 5th November we returned home to a calling card left by a collector that had visited to discuss a lowells debt in my husbands name. My husband as supposed to ring him to ask what it was about but he never got around to it. Yesterday we had a letter in the post from the same collector stating that he had visited twice and he will be calling again next Monday to issue a statutory demand for a debt my husband has with lowell. From experience we have had in the past with creditors we knew to request a copy of a credit agreement before we agree to any repayment etc so my husband called the collector to ask what the debt was for (we had thought all bad credit we had was sorted as we had sorted a lot of these things in 2006-2007 and have not really heard anything since). He told us the debt was with the Royal Bank of Scotland and was for the amount of £10,700. My husband told him he would be requesting a copy of the credit agreement but we had no reference number or address for the creditor. The guy told us the information would be on the SD and if we wait until that arrives we can request the information then. We had a telephone call tonight from a woman from Hamptons who asked us to make a payment of the full amount and when we stated this was not possible she asked for a deposit of 35% of the full amount which obviously we could not do either. She then asked what we could get together and said she would phone us back. My husband at that point requested a copy of the original credit agreement which she eventually agreed to but asked us why we wanted it!! She then proceeded to explain the full implications of bankruptcy which was the route they plan to pursue if the payment requested was not made and she would be phoning us back on Monday. This really is the first correspondence we have had on this matter although the woman stated that they have been sending us 40 letters per year since 2007 when they bought the debt. My husband said he may have seen a couple of the usual type of letters these companies send but no way was there 40 per year!! We did seek advice from CAB in 2006-2007 about our debts and it is possible we acknowledged this debt back then and paid the nominal £1 fee. I can't remember when we would have last paid anything though. From what I have read in other posts I see that we need to officially request a copy of the original credit agreement for £1 and a copy of other paperwork that costs £10 (can't remember the name). Is there anything else we should be doing and can we avoid the bankruptcy route? If they can prove the debt is ours and we must pay will we have an opportunity to make a payment arrangement with them before they start bankruptcy proceedings? We have our own home (mortgaged) and my husband has his own building business (which is quite new so doesn't really earn us any money). We are quite worried at the prospect of loosing our home - can they do that with the debt being in his name only as our mortgage is in joint names. We also have children - can they make them homeless?? Thanks in advance for any help you can offer us on this.

Hi I have been chased for a while for a debt for 2 barclaycard debts. A few days ago a chap knocked on my door and handed me a statutory demand. I have sent off a CCA request by recorded delivery and am awaiting a response. Would it be advisable to apply for it to be set aside if the CCA request is not received by the time the demands 18th day has passed? BW Legal has assured me it wont go any further until the CCA request has been processed, I do not have this in writing but have been told it on the phone. I have tried to read up as much as I can but there is so much info on the site im now confused ! Thanks in advance. Derek

Hi, My company has been issued a Statutory demand by POST by a company that provided us Professional services. We used them for 2 + years. We used to use their services and they would bill us for the time spent. We would request them for some work and they would bill us in good faith that was the arrangement so no confirmation/approval of time spent was required The last two invoices were ridiculously overcharged for the last invoice we asked a break down of the time spent on each of the items. What we got was a vague scribbling of the time spent. I did not dispute it but since some of the same items appeared on previous invoices I asked them for the previous invoice breakdown as well. My hope was to question them when I had all the break downs. They did NOT provide me with the breakup of the past invoice. We had paid all their invoices but the last one where we paid approximately 40% of the dues. And were waiting for more information before we could pay them. They waited for a couple of months and now sent us a Statutory demand. So my question is we dont have any formal agreement with them and have not disputed their invoice they hope was we could settle it once we got all the breakdownsp a nd settle it and not use them in the future. But now since we have this SD what should we do. In reading through some of these posts it seemed like a SD to threaten, they allege we owe them 2000.00 GBP approx but according to us because they overcharged us we have actually paid them more. Now I would like to know from the experts on here how do we respond to the SD as there are no details of the court on it. And how do we dispute this.

Well, I've had a few years off this lark, then out of the blue I get served (correctly, by hand) a SD. So here we go again. SD dated 15 Oct, served through BW Legal 18 Oct ... set aside needs to be handed in to court by 5/11 I phoned the helpful Cap One on 0115 843 3792, option 4, last payment received April 08 and there are default charges made up all of £12 charges totalling just under £300 excluding any interest. This amount is around 10% of the total claimed; the Cap One operator said that they are defending all £12 charges levied so no offer made. 19 Oct CCA request to Lowells, copy to BW Legal - 12+2 days takes us to today 2 Nov. 19 Oct SAR to Cap One Nottingham, address given by phone operator. I have read many of the threads on here on this subject, and have comlpleted Form 6.4 Set Aside and 6.5 Witness Statement. If the CCA request documentation doesn't arrive in the post today, Lowells are in breach of S77(6) and I will submit my application into court this afternoon. WRT 6.5 Witness Statement, I've taken 42man's excellent and often repeated suggested text and, as he requests on the individual threads, taken time to understand it and tidy it up a bit. If you don't mind, I'd like to paste below how I intend to submit this as it wouldn't all fit on the downloaded form 6.5 as it was. I'll copy this out in a separate post if that's OK.

Hi : Please i would like some advice on outstanding Debt of £1000 which is from a private international college which is Bogus college and had ruined the future of a lot of students . I have paid £2500.00 fee to them but the total fee was £3500.00 for one year but out of 300 student only 280 student left the college and i have left it one year before because none of their previous student got any certificates from them . Now after one year i got letters from Debt Collector . I responded to them and send the report of home office about the college to them which is unsatisfactory and also told them at start we did not knew about college reputation but we went to the college it has only 2-3 rooms no library no administration . But the Debt collector just replied that i have contract with the college and i have to pay the Money which i told them i dispute . Now they post a Statutory Demand of Bankruptcy proceedings. and they said i have 18 days.

Hi, Hi to everyone - I hope you can help me. Last year (2 Dec 11 to be exact) I unfortunately had to put my business of 8 years into voluntary liquidation. It was extremely upsetting to say the least. I had three personal guarantees signed on overdrafts or heavy equipment leases; one each with HSBC, Academy Leasing and CVF. The Academy and CVF ones are joint and several with another ex-director. Having suffered the loss of the business, I had no income obviously and wrote to each of these companies in turn with a Citizens advice Bureau prepared statement of my personal financial affairs. Yesterday, however, I received a Statutory demand from Bermans Solicitors on behalf of Academy Leasing demanding the £17,955.91 that they claim we owe them. we have both disputed the total amount we owe them is £17K because we feel that they completely undersold the equipment in an attempt to recoup some of their money and have not (after numerous requests) provided us with any proof that they received fair market value for the machinery they sold. It looks on the surface that they have sold it back to the manufacturer directly for a significantly reduced sum, a company with whom they have considerable dealings - it looks quite dodgy actually. Whilst they seemed to ignore my last request to them for information regarding the offers they received, they did write back to the other guarantor and say that it was an all monies guarantee and that they were under no obligation to mitigate at all. Surely though, if they have chosen to mitigate their losses they have to be fair and reasonable to us as guarantors? I intend to try and have the Stat demand set aside. Can anyone offer some advice please???? Thank you.

Hi, Was sent Statutory demand in July by Lowells. Asked for it be set aside & have a date in November. I asked for the CCA in late July & any other information they had regarding the account but received nothing within the 12+2 days. Today I finally received a copy of the agreement with a default notice. What should the agreement include? Lowells say I owe over £4500 but have only sent a supposed transaction sheet which certainly does not add up to £4500. Is there any defense against the statutory demand?

I have just received a Statutory Demand from First Credit for £3000. I do owe the money and due to life circumstance have been to ill to deal with my debts. I own my home with some equity in it. What shall I do I don't want to be made bankrupt.

i have been served today with the a statutory demand, by 1st credit, trading as connaught collections, and given me 18 days to reply to the notice sent recorded delivery, and demand for payment of £3800 , this is a credit card debt, which was placed in legal dispute with bank of scotland 2 years ago, after i had the account audited by a claims management company, it would seem the bank of scotland have sold the debt on yet again, But this is first time i have been issued with this, my problem is i can no longer get any contact from the claims management company and i am in a real panic over this, and i really not sure what to do next, i would be very grateful for some advice, as some say the statutory demand is another form of a threat, but i am taking this serious, as they advise me i have to apply to the courts,

Everything coming up for statute barred at the moment? Out of the blue, I have received an SD from 1st credit for an old RBS/Halifax credit card... Have to pop out tonight, but had a quick look through other SD posts eek! More details tomorrow.

Hi Need some urgent help please, a solicitor has contacted my mum in respect of a debt that has been under dispute for a number of years. Connaught have now purchased the debt and they are acting on behalf of Connaught Collections. What does she do???

Hi I apologise if I'm in the wrong place but was hoping someone could advise as to how the 21 days to satisfy a statutory demand is calculated. I understand that it is 21 days from the date of service, but does the actual day of service count as day 1? I have also read that if the demand is served before 4pm it is 21 days from that day, but if it's after 4pm it's 21 days from the following day. I also assume it's days as opposed to working days? If anyone is able to clarify, that would be most helpful. Thanks in advance.

Hi, Newbie here, I've recieved a statutory demand for an old debt over £750.00 which is over 6 years old with no acknoledgement or payment within the 6 year period. I've had statutory demands before but never ones which were hand delivered. I intend to respond to the statutory demend with a Statue Barred letter, depending on the response I will then set aside at the local court, request CCA and breakdown of account. If they can produce the CCA and the breakdown, I will then make a decision on what, if anything I should pay to avoid court. Any advice ? Am I doing things in the correct order. Many thanks Balok

Hi there. I have just received through the post a tax demand consisting of 4 pages and first class postage for 8p dating back to 2004! What an absolute waste of time and money. It cost far more to print it all and send it to me! I am now a stay at home Dad so they won't be able to take it from my tax contributions like the letter says they will. I hate the Inland Revenue as they have stuffed up my wife's tax royally over the last 5 years and keep sending huge demands and when we query them the amount keeps reducing because they keep finding 'errors' They change her tax code about 5 times a year so we are now having to pay an accountant to sort it all out. Therefore I don't want to pay this stupid amount on principle. Do the Statutes Of Limitations not come into play here as it relates to 8 years ago? What would happen if I ignored it? Would they take me to court for 8p? I cannot believe they don't have a system in place to write off debts under say £1. It's ridiculous!

Hi Im new here guys and really need some advice. Ive had a guy banging on my door tonight, said to my husband he wanted me, and would not go without seeing me as he had something he had to give me. I did not go to door and it turns out to be a demand, dunno who from but have an idea. he sat out side my house for so long I was going to call police as thats intimidation....and I dont do intimidation. Finally he went, having put a letter thru door saying hes coming back next week and whether im in or not im getting demand served on me, so thats gunna be day of service. I have a few days grace so advice please please please. I think its for a credit card debit of 3K and its in dispute cos of excess charges applied to account, have told original creditor this but to no avail. Thanks in advance very silly girl