I have today received a Statutory Demand via First Class post with an amount that has left me in shock. The following are the images of the demand . http://i161.photobucket.com/albums/t217/flyprince1/IMAG1409.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1410.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1411.jpg http://i161.photobucket.com/albums/t217/flyprince1/IMAG1412.jpg I had totally forgot about this payday loan which i do not remember the amount which i think should be about £150 or £200. I have had no contact with these people at all since 2009. I have not requested any documents or statements from them. I am in total panick I dont know what to do. I have tried to read other people's posts here but my circumstances i think are different because i have not offered to pay before or dispute the loan. I did not receive any default notice. PLEASE HELP BEFORE I GO CRAZY!! THANK YOU.

My partner received a Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986, Debt for Liquidated Sum Payable Immediately. Only last month, my Partner was discharged from her Bankruptcy, and to my knowledge and hers we are unsure if this debt was included in her Sequestration (we are based in Scotland). Anyway, this SD was sent by first class post, not a "signed for" or anything like that, nor was it hand delivered - it came from New Forest Finance (as it had their cover letter in it). It therefore leads me to believe that this is being used in an intimidating manner to try and force my partner to pay this debt of which we believe she is not liable. Now, we all know where 1st Credit ended up by doing this! I would appreciate any help with the following: - If this Debt was not included in her Sequestration, is she still liable? - The court on the letter was not in Scotland, it was a County Court in England - I was of the belief that should a Creditor pursue you, it should be at you local County Court. The statutory demand requests that my partner contact the Creditor direct - in my experience, should any formal Court proceedings take place, then it is the Court you should be writing to in order to make your defence. Pretty confused as to where we stand with this as through her Sequestration, we thought that was all our Debt worries resolved. Any suggestions on how to proceed with this would be greatly appreciated - I want to try and avoid the CCA route if this Debt should have been written off on the sequestration. Thanks in advance, Scotty

I appear to have a debt of around £3500 to Littlewoods in 2007 which Lowell's have tried to collect. Yesterday I had a visit from a collector who handed me a Stat Demand for the amount in whole This debt was in dispute in 2008 as I was not receiving my 'cash back' for items that were purchased. After repeated demands for these due amounts I warned them unless they paid back what they owe they would receive no more communication from me. Well they eventually reworked out the amount and applied that but it was still not the correct amount (they claimed they made a mistake initially, even though it was still wrong). Well they continued to harass and not include the whole cash back amounts and eventually passed the debt around until Lowells finally issued the Stat Demand via a company called BG LEGAL yesterday. The debt had been passed with ALL the cash back now removed from my account, toally disregarding my legitimate requests. I have written to BG LEGAL today with a £1 postal order (CCA request), I also contacted Lowell Portfolio and did a similar CCA request (overkill but I wanted to make sure they could not delay further). I also contacted Littlewoods (the original creditor) and sent off a SAR request and duly included the £10 fee. I sent all recorded with BG LEGAL contacted by special delivery (I have all tracking numbers). I now need help with getting this set aside, I believe firmly they will not be able to provide the CCA, is this alone enough reason to get this set aside? Or do I go alongside the angle that this debt is in dispute as the cash back amounts were not correctly applied to my account? Also there are plenty of £12 charges against my account when I stopped paying due to the cash back saga. (I notified Littlewoods in 2008 via telephone that the debt was in serious dispute and they were in breach of contract). Can someone also post a link to 6.4 and 6.5 as I want the latest version that I can hand into my local court that handle bankruptcy orders (the one named on the letter, does indeed) Finally, the letter handed to me by the 'process server' did not contain the officer's name or details who handed me the Stat Demand, all the information on the first piece of paper was left blank so I cannot even tell if he is qualified to make this call and hand me the letter. Is this relevant? Many thanks to anyone who can help, you lot are brilliant (long time lurker). My main worry ------------------ I am a home owner but it is a joint mortgage with my fiancee. We have different surnames and this debt is only in my name, could they do something to our house or mortgage under these circumstances if, heaven forbid, they manage to win? How long do they have to respond to the (sent today) CCA request? Will that time limit expire before my 18 days to get this set aside? Am i right in thinking they have 40 days for the SAR? Was this a waste of time?

Hi All, First post, I've done a bit of searching around and found similar issues but nothing quite the same... so please bear with me as this whole thing is quite complicated... hopeing someone can help. Basically, in October 2006 I moved into a flat with my cousin (that sounded dodgy... er, separate rooms !!). We were both full time students at the time, I was at University, and she was at College, and went on to University the following year (same course, so I believe it is classed as a 'continuation' or something similar). Anyway, she moved out in January 2007, and I moved out in March/April 2007 (can't quite remember which). A couple of months ago, I got a letter from a DCA advising that GCC had instructed them to recover £854.13 from me Obviously, I phoned them to query this - they told me it was for the property that I had lived at above, for CT year 2007/2008. I advised them I did not live there at that time, and told them to send it back to GCC as an error, and thought nothing more of it. I gave them my mobile number (stupid, I know) to call me back and let me know it was sorted. Never heard a word back from them. In June, I received another letter giving me 14 days to pay before they would take legal action. I hit the roof at this one Phoned them up again and asked them what they were playing at... "oh the council say it's up to you to prove you didn't live there". Hit the roof again, told them I'd sort it with the council and to send it back to them again. With that I spoke to some snotty woman at GCC, told her I didn't live there and explained the circumstances of moving out so quickly (see details below). I was told that it was up to me to prove I didn't live there ! I also made it clear that even if i had lived there, I was a FT student so wouldn't have been liable anyway. "Prove it" was the response. So, I drove to East Dunbartonshire Council HQ in Kirkintilloch, spoke to possibly the most helpful council official I have ever dealt with, explained the problem, and asked her to give me a copy of the CT exemption form I submitted to them in 2007... she went and got my file, and gave me it in less than 5 minutes ! Armed with this, I then went down to Glasgow City Councils office next to George Square... took a number and sat in line to speak to someone about it. In contrast, the woman I was met with here, was the most hostile, abrupt, and downright rude person I have ever had the displeasure of dealing with. Told her "I didn't live there", "prove it" was the reply. Gave over my student exemption form from 2007 showing my parents address "Oh, this doesn't prove you didn't live here, you can live in 2 places at once" (?????) At that point she says "Oh, we have this form already anyway, it's not your student status that's the problem, it's your cousin, her college course ended in April 2007 so we're charging you full CT from April-October 2007 (when the lease ran out)." At this point, I explained the circumstances regarding moving out (again, see below), and just got met with "Prove it" after every sentence I made the point, that surely it's up to them to prove I DID live there given the mountain of evidence I can supply that suggests I did not - bank statements, pay slips, etc etc, all showing my address changed sometime between March & April 2007. They then made this suggestion: "The easiest way to make this go away" is to get a copy of your cousins student exemption for the following academic year, so 2007-2008. Now, she never bothered with this, as when she moved back to her parents she got no CT discount anyway as there was more than 1 non-eligible adult living there.... however, we have since got a CT form from EDC, sent it to her Uni, and they have returned it, filled in for that academic year. Apparently this is not acceptable to GCC. So, I have now lost the plot entirely, and told them to take me to court. I'm actually looking forward to it I think... as far as I am concerned, I owe them nothing. I have plenty of documentary evidence that I had moved elsewhere, yet they continue to say I need to (somehow??) prove I did not live at that address, at that time. Now, i'm no lawyer, but if I remember correctly, they can't demand I try to prove a negative... It's up to them to prove I DID live there ? Since then, I've had the DCA phoning me on my mobile several times a day... at first I was telling them I wasn't liable and that they should speak to the council, then I got fed up with them and told them to stop phoning me, put it in writing etc, now I just dont answer the phone to them. I have also now had a letter saying they intend to instruct sherrif officers to arrest my wages and freeze my bank accounts It's hit the roof time again. Surely in order to do this, they need to actually take me to court first Anyways, I think I really do need some help now, because I'm obviously dealing with a brick wall and I may just be getting in over my head. One last thing, in December 2008 I changed my surname (legally), I have my amended birth certificate. They are still wirtng to and addressing me as my old name. Does this matter ? Any thoughts much appreciated (again, see below for further detail). Thanks, Chris. Shortly after moving in, there were serious problems with the flat, flooding, being the main thing - Barrat had managed to build a block of flats that wasn't watertight. Muppets ! We then started receiving letters from the landlords finance company, GMAC (initially addressed to him), stating that he hadn't paid a penny towards his mortgage (found this out later when I started opening his mail). I tried for several weeks to get hold of the LL, to no avail. Now, technically, I was renting from his company (ironically, a plumbing company), rather than him directly.... so I checked companies house... the company was put into administration a few weeks after I signed the lease. A recorded delivery letter I sent to him stating that if the problems weren't sorted I was terminating the lease, was returned to me undelivered marked "property boarded up." I still have a copy of the letter, but have chucked the returned envelope away. What I was told by the letting agent (and Barrat), on the quiet, was that Barratt had given this guy 50k cash back on each of the flats that he'd purchased (so at least 100k), and that he'd then put his company into administration and disappeared. They were also trying to get hold of him. The flooding issue then started affecting neighbours properties, so we had no option really but to let Barrat Homes come into the flat and do remedial works to stop the flooding - both for our sakes, and the sakes of the neighbours below. They had to effectively remove the whole wall and rebuild it - something about the damp course/vents being installed the wrong way round, so directing water inwards (the rebuilding of the internal wall never got done). So we were now living in a damp, draughty building site with no internal walls, the landlord had vanished, his company was in administration, and his mortgage company were threatening repossession (I'd started opening his mail at this point). My cousin, who suffers from asthma moved out either right at the end of December or the very start of January as the dampness and draughts were causing her health problems. I had assumed I was going to lose my £1000 deposit, so I couldn't afford to just upsticks and move out... so I held on a little longer. One moring I was woken up by an estate agent who had keys and had let himself into the flat "to survey it". I then started receiving notices "to the occupier" telling me that the flat was being repossessed, got the notice to quit etc etc etc, and then got a notice saying sheriffs officers were coming to reposess the property, change locks etc etc.... so I eventually gave up trying to contact the LL, and moved back to my dads house as I couldn't afford to move elsewhere. I had kept a hold of all of the documents etc, the repossession notice, lease, returned mail, rent receipts etc etc... until I had a clean out about a year ago - figured I wouldn't be needing any of that stuff ! Even after explaining all of this to GCC, one of the the things they said is that my lease was from October to October, so I was liable for that full period. Now, it was a Short Assured Tenancy... I'm pretty sure those have a 6 month break-clause that can be exercised - but the point I've been making to them is that the lease was terminated 'by frustration'. Hope someone can give me some advice regarding all of this. Thanks for listening

Hi I have already mad one post on here re a demand for my 10k overdraft . As I was able to afford the repayments I didnt really follow it up. I was given a 90 day default notice and they confirmed in email that the date was the 12th of Sept However on returning from holiday I was met with a letter with a changed date bit also demanding repayment of my business loan immediatey or an explanation as to how we are going to repay. The mortgage is for 70 thousand . I have consulted my solicitor but i am not confident he knows exactly what he is doing . What should my course of action be ? I have paid half of my overdraft but just though if they are able to chase me for the business loan which is easier to force . They have no contract for the overdraft repayment but they have a contract for the business loan If things go wrong should I keep the money i was going to pay for the overdraft seperate. If I use it towards the business loan 60k is easier to find than 70k Finally is there a minimu amount for which they cannor reposess my business ? Help please

I was served with a statutory demand last week and so I wrote to the "creditor" to ask them to withdraw it. They have sent me a letter yesterday saying that it is withdrawn, however, is this sufficient? What are the formalities of withdrawing a statutory demand? The Insolvency Rules say nothing! Should the creditor submit the form 6.4 and 6.5?

I recently sent the following to 3 CRAs. Notice Greetings, Recent checks on the credit file supplied by Some CRA for Mr. Joe Bloggs, Some Road, Some Town have caused severe complications and now significantly affect my everyday life and that of my family. This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998, in requesting that you conform to my demand for a change in the manner in which you hold and process subject data for the above. Schedule II, Section 12 (1) of the Data Protection Act 1998 allows all data subjects the right to insist on the removal of any and all data from automated processes in respect of matters relating to them. You have ten days from receipt of this notice to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that data for Mr. Joe Bloggs can no longer be searched via an automatic process. I look forward to receiving your confirmation that the above change has been made to the file. Yours faithfully, I was hoping to firstly make all non-public data made unobtainable by automated means. Once achieved I would then, with further direction to the CRAs, take more control of specifically which data I wanted to be seen by automated searches i.e. turn each organisations data on and off at will/demand. So far none of them agreed that this should happen. Have I got confused with this section of the DPA or are they playing games, wanting to test me further before carrying out my demand?

Hi All, Please bear with me. I have just received a stat demand from a debt collection company on behalf of their client. AN OLD FRIEND OF MINE. They first sent letters in December stating that I owed their client £90,000. In the letter it stated if they did not receive the monies within 7 days they will commence legal action. The next night at 20:30 someone from the debt collect company knocked on my door. He used very threatening behaviour. He said I had one hour to find some money "Or else'. I ignored him and called the police. The next morning I sent their company the letter template that I did not wish for them to come again without an appointment. 2 days after they received the letter they came knocking again. This time he saw me in the window and starting shouting at me. Calling me names and kicking the door. I called the police and they responded within an hour. By this time they had gone. I was so scared to live in my own rented house, that I moved home. I have redirected my mail to my new address. 6 months later In MY REDIRECTED mail I've received a Stat Demand from them for £42,000. So the Stat Demand was sent to my incorrect address. I'm afraid I binned the envelope and did not expect it to have any importance. The money owed is not owed. 90% of the debt to this person was over 6 years ago and most of the money that I did borrow was drip feed. I have made several payments to these loans but only to the original sum and not to the several that followed. I have not worked for 3 years due to a severe anxiety/depression disorder. This company is really pushing me over the edge. I made them aware of my illness straight away and they said they don't care. Not only that but the stat demand court is over 200 miles away from my current home. Please, please please could someone help me. I am absolutely desperate. Thank you all very much in advance. P.S I must add that I never signed any agreements to this debt. They have enclosed a typed letter that I apparently signed in 2006 admitting to the debt. The letter was not dated and the signature does not look like mine. What are my chances of having tis set aside?

Last year we were forced to move a boat from its mooring by the mooring owner. We received a letter of eviction with no real reason and saying we were also in debt of £2,000. Later we received an email with final bill amount that was incorrect. We told him to review it. 8 months later (march 2012), we get a letter with same amount - same answer from us this time by mail / signed for explaining why we think the bill was incorrect. Next thing is we have been harassed by a company called Final Demand Ltd.4 letters very aggressive in 2 months time, one showing some interest being added to the final bill (now £3,300) and the latest (last week) stating their client is willing to accept a smaller amount (down to £2,400) with absolutely no details how he reached that total. Letter states if we don't accept and don't pay they will start court proceeding. I must say that the mooring fees have always been paid cash over a period of 10 years. We have all the invoices bill until the end showing no late payment. We called final demand ltd to tell them their client made up the bill. Apparently they don't care. Why do they start harassing people and/or would they commence court proceeding on no evidence but their client words only?? Can anyone advise on how to proceed? Many thanks in advance.

After serving my council with a Subject Access Request via recorded delivery royal mail in May, to which were attached copies of my current utility and council tax bills as proof of my identity. I have just received their response. Their letter addresses me by my first name (I don’t know the letter writer) and say they have the files ready but want me to go and collect them in person. Not only that, they are demanding I supply them with a minimum of two identification items and insist one of these pieces of evidence bear my photograph. Around six weeks ago, I received a surprise home visit from someone at the council to discuss an aspect of one my grievances against the council where this person soon established I have enormous difficulty walking (arthritis of the spine). I would assume the result of this visit is noted on my file. As a fifty-year-old, I don’t have any photographic evidence of identity, I don’t drive or own a car, and no passport. For almost 12 years, I have communicated with this council on various matters, including complaints, in written form, by telephone and in person, so there is a long history of their responding to me as the person who served them the SAR. The fact that I haven’t changed my name or address and the council have only been too willing to serve me with court papers and council tax demands etc, at my address during this time surely should be more than enough proof that I haven’t suddenly changed identity? Is their insistence for these additional proofs of identity even reasonable? In light of past and recent communications accepting me as the named person who served them the SAR as their response is addressed to me, at my home address. Is their demand that I travel a fair distance to their main offices, which will cost me around £30 in fares to and from their offices (I will need a taxi and help to walk) reasonable? Does anyone have any suggestions how I should deal with this latest tactic the council have sprung on me; I think they have realised I am looking for legal redress of a situation they have contributed towards through their negligence and disregard of their duties, but that’s another problem. Thank you for your advice.

Hi all. I've been helping a family member out with a debt. The company who I've been in touch with are Go Debt. They've been playing dirty so there was no way I was going to let him roll over and play their game. Just as an idea.. .They were harassing him on the phone, even calling his workplace and disclosing they were chasing him for a debt and were considering forced bankruptcy! They have also told several lies, and created letters to try to cover their tracks. They tripped themselves up with dates which proved the letters were produced after the fact and never sent. Now, so far as I can tell, there has not been a Notice of Assignment (NOA). I requested this and they sent me the wording of a NOA that anyone can copy and paste off the internet. I wrote back and explained this was not sufficient. This was the last I heard from them until my family member was served with a Statutory Demand (Section 268(1)(A)). Why on earth would they do this when they have still failed to respond to my perfectly reasonable and legal request for the Notice of Assignment! The SD seems legitimate and has the details of the relevant court. So please, any suggestions on next steps? Would it be best to apply to the court for it to be set aside?

Hi all, Thankyou for providing an excellent forum to alleviate my stress levels. My question is regarding a Statutory Demand received which has been posted through my letter box. I first received a letter to say a process server had called at my address to serve me with the SD on several occassions without success (I am at home most of the time and have CCTV which does not agree with that statement), that he would call again at a certain date and time to serve it personally and if I failed to meet him that the demand would be posted through my letter box or advertised in a local newspaper by way of substituted service. About a week later the server called to my address and put the demand through my letter box. Am I correct in saying that he should have applied to the court for an order for substituted service or has the rules changed lately? The SD appears to have been prepared correctly by a solicitor acting on behalf of Barclays bank. Many thanks in advance.

Try finding this major news in the media, it's been ignored. Details here http://bma.org.uk/news-views-analysis/news/2012/june/scrap-work-capability-assessment-doctors-demand and here http://diaryofabenefitscrounger.blogspot.co.uk/2012/06/bma-demand-immediate-end-to-wcas.html

Hi I out of the blue received a demand for over £500 from the Department for Work and Pensions. I called them and they advised that I owed them money from a crisis loan I had taken back in 1999!! Of course, I have no recollection of this supposed debt and would assume it had been repaid. However they say it has not. The other thing is that the debt is over 12 years old, are they allowed to pursue you for such an old debt? If anyone has some advise of what I should do it would be appreciated, I don't have £500 to repay them at the moment but if that is the only option I guess I have no choice. Thanks, Happy go lucky

Hi, a newby here who has been studying the wealth of information on these forums. I fell behind a few months ago with my CTax and had a liability order issued back in March. The debt was brought up to date and since I have been able to pay and am up to date. Last week, the council got a second liability order for the demand of CTax for the rest of this year despite paying every month. Yesterday I got a demand from Rossendales for £1,069. I intend to take this up with the council in the morning by going to the offices in person. The letter Rossendales sent was if it was written by a 5 year old. A I&E form was enclosed and I have been threatened with Criminal prosecution and a fine of up to £500 if I don't send it back to them completed. Is this legit and legal? Thanks for any advice.

My husband walked out of the house at 6.45 this morning to be confronted by a man who'd been parked outside for ages.He asked hubby to confirm his identity,which he refused to do,and went off to work.The guy then posted us a notice that he intends to return at 7am on 21st to serve us a statuatory demand for bankruptcy and to call on a mobile number if we want to change this appointment time. I don't know what the debt is,we have 2 outstanding from a few years back when we were in trouble finiancially.We have no clue what to do and we are panicking at the thought of losing our house.Any advice would be very much appreciated.

My wife was handed an SD for me from Lowell's yesterday by a process server who than asked my age and what I looked like. Assume they needed to swear an oath they have served it personally. It's for an old debt (probably less than 6 years but only just) from Capital One for £1600. The odd thing is I started paying Capital One about 18 months ago - weekly on the internet. I carried on about 6 weeks got a letter saying I hadn't been paying etc - so I stopped. After much delay Lowell's eventually agreed I had been paying and I said I would restart - BUT they refused to accept payments via the internet and would ONLY accept direct debit or continuous debit card authority. Having read a lot about Lowells I really didn't want to give them the details - beside - I only paid them when I knew I had the money. My bank would have charged me £35 in penalty charges if there wasn't the £20 in the account. So where do I go from here ? I am sending out a standard CCA request to Lowells which they should reply to within 14 days. I am expecting them to write to me again - so should I deny receipt of the DC as it wasn't correctly served ? If so - will they petition ?

hi all looking for a bit of advice please re tax credits had a letter from hmrc earlier this year as we had made an error on our claim form and received overpayments.they then sent another letter stating the overpayment would come out of our future awards,however today have received another letter demanding full payment within a month !! will ring them as soon as i get a chance but just wondered if anyone had come across this before.the demand letter is from scotland and not preston who i normally deal with any advice much appreciated

Hi Guys I'm just looking for the current common consensus about dealing with parking charge notices from a 'well known' parking solutions company. I have ignored the initial ticket - I wasn't driving but also, it's not legally enforceable and blah blah ad infinitum I have ignored the 1st letter I have ignored the second letter I now have a letter from their enlisted 'debt recovery' people which threatens imminent court action. the usual. Am I still to ignore these attempts or should I do a quick letter- possibly the cease and desist or quote statute you intend to take me to court over etc. It's just that the advice has changed over the months and i am finding it hard to be clear on the current advice. Many thanks guys!

Ok Brief symopsis :- Ex Business Landlord started Bankruptcy Proceedings in 2010. Court 9 Times. I won every time including in Appeal Court (Not bad for litigant in person). Downside was that for some really strange reason the Appeals Judge awarded the LOSING Party £1000 due to the fact that they should not have been granted the hearing in the first place so they were awarded £1000 for costs and I was awarded nothing. Now bear in mind the reason I have won all this was that the landlord changed the locks on my business unit one day without notice or anything after 5 years. It was deemed that he acted illegally and had also forfieted the lease in doing so and on teh amount of money that he was pursuing me for which was £9000 I proved that I had paid it. Judge did state that I now had a case for at least £5000 against the other party (I am applying for transcript). whilst I dissagreed with the costs I wasnt experienced enough to deal with it. I did know that as I now had this metaphoric £5000 in my artillery that he was unlikely to pursue the £1000. Wrong...Stat demand served on me. I applied for it to be set aside. I lost at the hearing due to a technicality that I didnt know (again inexperience). The judge stated that he was allowed to set aside a stat demand backed by a court order, however NOT if from the Appeal Court. Therefore the applicant was able to proceed for a BO. I left the court and paid £252.00 into the account of the Applicant taking it below the threshold for bankruptcy. Trouble was they were awarded £800.00 costs at that hearing REALLY £800....i argued with the judge that I filled in an online stat demand and it took 5 mins. Failed.... Here are my 2 issues....Firstly Morally.......I am a dad with 5 kids (3-12) a wife and a mortgage who has lost his business, had a breakdown and now on tablets, and on disability allowance and my wife is my carer and I WON !!! I WON in the HIGH COURT OF APPEAL where i thought it was the end to years of court cases and mental torture and the constant bankruptcy threats. Secondly I WON....In the High Court of Appeal and yet STILL he is pursuing me and desperate to make me bankrupt. The reason for this is when I signed the lease 5 years ago he said to me if ever I cross him he wil take my house.....This is the sole reason for all this as the man is a multi millionaire and owns 2 or 3 industrial estates. Sorry thirdly I have read that an Application to set aside a stat demand will only be granted if there is a reasonable chance of success. If that is the case which I am sure it is, I went into that hearing with my hands tied behind my back and blindfolded as I could NOT win it due to the technical ruling about appeal courts. So I attended the next hearing for the stat demand for £800 feeling very confident as in my previous hearing the judge had explained that if not from the court of appeal he had the power to set aside, and also the tests for setting aside a stat demand like counter claim which I had potential form the court of appeal, and my biggest point of call was that I had outlined a counter claim for £13,000 that would extinguish the debt. The court had failed here badly as the OTHER party were not present as they court had not notified them, the hearing was not recorded and I was not asked by the judge if this was ok, she had NO case history at all apart from my simply application to set aside, she had not received paperwork hand delivered the previous day, and she started talking to me about a different case before she realised and corrected herself. She immediately simply stated that as this was back by a court order she could not do anything about it, with a risk of offending her I pointed her to the books on her desk and explained that the previous judge has told me different and that she did have the power. She basically got cross with me and said no. and that was it. I stated to her that she had not even taken into consideration a counter claim that would etinguish or that she had even read any case history. she just said No. and that was that. It was like her mind was totally somewhere else. So apart from being fuming I decided to appeal. The applicant knowing that I would simply pay off £55 from the debt, amalgamated the 2 debts now totalling £1500 and issued another stat demand. I did not apply to set it aside this time as I knew I would appeal and in appealing it put the debt into dispute therefore they could not pursue and a BO would not be granted. The court date arrived and I attended, this time the applicant HIMSELF turned up for some bizzarre reason. Even his own counsel asked me if I knew what he was doing there. It was an intimidation excersise. Bearing in mind to date i think he has spent £12k in fees against me but he is probably insured so it doesnt even come out of his own pocket. The judge simply stated that she had no idea what they were doing there as I had appealed and it had been granted so there was nothing she could do. The applicants counsel did ask that a hearing straight after the appeal hearing is set for the SD to be heard. This was granted but then it was transferred to the appeal court so it was not possible. I have now received numerous letters from the appeal court stating that it is going to the appeals judge and to do nothing apart from wait. I have appealled on the grounds that the judge was inadequately equipped for the hearing, did not follow protocol and that in my opinion she was technically incorrect and if she wasnt then the previous judge was. It is almost a win win stiuation to a degree because if the first judge is correct then she is incorrect or if she is correct then the previous judge is incorrect so SOMEBODY if WRONG. The latest letter from the appeals court baffled me. It is from tjudge and forms an order to the following :- Without Notice Stay of execution. It is orderd that 1. the application be refused. 2. The appelant has not put forward sufficient basis for departing from the normal rule (white book 52.7.1) that an order shoudl not be stayed pending appeal. It is not apparent the the mere presentation ofa bankruptcy petition is likely to prejudice the appellant and the existance of a pending appeal were a bankruptcy petition to come before the court then the present appeal had not yet been determined. Further it can be inmportant in the context of, for example section 284 of Insolvency act 86 that an alleged creditor should be permitted to present a bankruptcy petition to be disposed of before the pending appeal. 3. the order has been made under cpr23.9 as the court has disposed of an application without a hearing any party may apply to have this order set aside or varied within 7 days of service. It was dated 28th but I received it on the 30th so taking into account bank holidays and weekends i read that 7 days is up Tuesday 12th ??? So what does that mean ????? I have read it over and over and over and read the rulings etc but to be honest it doesnt make sense as i thought the rule full stop was that if the debt is in dispute bankruptcy proceedings can not proceed ??? Isnt it that simple ???? Can somebody PLEASE PLEASE PLEASE PLEASE help. Thanks a lot Warren

Hi Everybody, I have got myself into a right state with Payday loans and have been trying to protect myself from default notices however I am now just sick of paying the interest and would rather have my money than a clean credit file. Anyway, I now simply cannot afford to repay the loans however I earn reasonably good money and can pay them all off within 2 months. Can you please let me know what you think about my response to 'Speed Credit' who are deamanding immediate payment and threatening to add a further £150 to my loan of £400 + further interest and charges, threatening to CCJ me and threatening warrant of bailiffs. Hello, Please do not ignore this correspondence. I am including the 'Office of Fair trading' and the UK ' Financial Ombudsman' with all correspondence in relation to this account in order to uphold my rights and be protected by the UK laws. Please note that I am not ignoring you and our relationship has not broken down however you have acted as an irresponsible lender on the following grounds and have not adhered to practices according to the' Consumer Credit Act 1974' 1. I am now in serious financial difficulties as a result of short term pay day loans 2. I currently have 8 payday loan creditors totalling a sum of over £4000.00 3. At the time that the Speed Credit loan was issued by you I had over £3,600 worth of payday loans and would not have been able to repay the full amount 4. No checks were made to understand if I could afford to repay the loan. I do not agree to pay your extortionate charges and demand that all interest and charges are fully suspended. If you are not willing to suspend interest and charges then you will need to explain to me and to the 'Office of fair trading' how these fees are justified. If charges and interest continue to be added then I will have no choice but to make official complaints to the financial ombudsman and the office of fair trading I do agree to the following: 1. I will repay the initial loan of £400 on Friday 29th June 2012 2. I will repay interest as originally agreed for 1 Month ONLY 3. This will total a repayment of £592 to reach you on or before 29th June 2012 (APR of 16 534% APR) 4. This will end all contracts between us and will not affect any credit file as you have originally lent this amount irresponsibly 5. If this is not acceptable then please respond to myself, the Office of fair trading and the financial ombudsman 6. If charges and interest continue to be added then I will have no choice but to petition your company in court. I look forward to your response. Regards

As requested I'm starting a new thread for this... I'm applying to have an SD set aside - see my other thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?292896-Lowell-CRA-s-amp-Searches...%283-Viewing%29-nbsp I'm using the following reasons - do they sound ok? A – I have already been chased for this alleged debt by Lowell Portfolio who later admitted the debt was not mine (See Attachments) B – Capquest & their agents Mackenzie Hall have been chasing me for this alleged debt and despite my writing to them on several occasions enclosing copies of the correspondence from Lowell, they have ignored me. (See attachments) C – The Statutory Demand is dated 9th May. I did not receive it until 18th May. By letter dated 17th May, Mackenzie Hall offered me a payment plan to clear this same alleged debt. D – Clearly neither Capquest nor their agents are speaking to each other – the conflicting information I am receiving shows this. E – Capquest are using the issuing of the Statutory Demand as a Debt Collection tool which I understand is not correct. Thanks for any advice

Hi Please bear with me I am new to this... Out of the blue last week I had a demand for repayment of overpaid Tax credit. I was told I had been previously contacted about it on how to repay but was being given a deadline to repay the sum in a lump before I was taken to court. I was bowled over by this so phoned them immediately. They said it referred to my change of circumstances dating back to November 2008 when my ex husband left the family home. I asked them on the phone when they had previously contacted me. They said they had written to me about it in September 2009 and appreciate it was a long time ago, however I had no recollection of this letter, They said on the phone they were now requesting 50% of the original sum. This is with no explanation as to why it was reduced and why it has taken them so long to chase this up. I need some advice please...

Can my landlord charge for administration on my ground rent demand ... I have a set ground rent of £25 per year .. I have a demand for £28.75 .. I dont mind paying the extra .. but is this within his rights? The demand is just for the ground rent .. also does he have to include a legal statement of my rights as a leaseholder, im sure what he has added is outdated, it reads 'for the purpose of the landlord & tenant act 1987 section 47/48 etc...

If the bank issues a formal demand on a joint account does that formal demand have to be made on both parties that are named on the account? or can they go after one party and then move onto another party after exhausting measures with that party? A formal demand was issued to my Father and not to my mother (the demand was made on 6 accounts three of which were joint accounts). I am fighting the case on behalf of my mother as my father disappeared a few years ago leaving her with the debts. Can the bank issue a formal demand on a joint account to only one party? Do you know what laws govern this? Any help would be greatly apperciated! Thank you Alan