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Statutory Demands Petition


Michael Browne
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Please help with my petition to the Prime Minister

 

To stop banks, credit companies and debt collection agencies from exploiting the provisions of the Insolvency Act 1986, concerning the service of Statutory Demands, which they are using to bypass the due process of the County Courts by placing alleged debtors under threat of bankruptcy for non-payment of debts which have not been proven in Court and/or in respect of which the alleged debtors means to pay has not been assessed by the Court.

 

 

 

As those of us who try to help people who are in financial difficulties know all too well, "Statutory Demands" are being used far too regularly by debt collectors to force people who cannot afford to pay their debts or who have genuine disputes concerning them to beg, borrow (at extortionate rates) or even steal in order to fend off the threat of impending bankruptcy. Statutory Demands do not even require the debt collector to have proven that the debt is legitimate, nor do they require him to make an application to the Court - requiring just the service of a notice by normal post in connection with any debt in excess of £750 AND yet, conversely, they place an unfair obligation on any alleged debtor who disputes the validity of such a debt or who does not have the means to pay to make an application to the Court himself to set-aside the Statutory Demand and to ask the Court for it's assistance and protection.

 

When the County Courts have a perfectly adequate system for settling disputes about agreements which are regulated under the Consumer Credit Act 1974 this is an abhorrent failure by our legal system and by our consumer protection legislation.

 

I have set up a petition on the website of 10 Downing Street under the title "StatutoryDemands" to increase the threshold at which such Statutory Demands can be served in the case of regulated consumer credit agreements which have not been proven as judgement debts and if you agree with me that change is needed please sign the petition at the following address:

 

http://petitions.pm.gov.uk/statutorydemands/

 

Thank you for your help and support.

 

Steven Whiting.

 

A Call for Action

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MB, at present there are actions afoot concerning the main "abusers" of this process.

Unfortunately, the OFT aren't the fastest of organisations so this may well be a drawn out process.

Abuse of this process is a serious issue and will likely have effects on the company's ability to hold a consumer credit licence.

 

I urge anyone that has received a SECOND class statutory demand to report the sender to Trading Standards for starters.

 

If it is sent from RED debt/Lowells then I am very interested as I am currently working with TS concerning this issue.

Be VERY careful whose advice you listen too

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  • 1 month later...
If it is sent from RED debt/Lowells then I am very interested as I am currently working with TS concerning this issue.

 

I rang my local court recently and they said they had no record of any stat demand against me. It was my local court I had to contact? I got mine second class post from Lowell/Red. Any advice?

What sort of world do you want your kids to grow up in?

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Stat demands are not issued by the court - anyone can issue them - you can download them. However the important point is that if you do not apply to have it set aside the creditor can then go straight for bankruptcy proceedings without any need for a CCJ or any court process, as they have effectively proved the debt.

 

However if you can throw up enough smoke screens and counterclaims it is very unlikely that a judge will allow a bankruptcy to proceed.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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So whilst it seems that DCAs are abusing the SD process - and yes I will sign the petition - DO NOT IGNORE A STAT DEMAND.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Stat demands are not issued by the court - anyone can issue them - you can download them.

 

Does this mean that no court has to be informed when a creditor issues a stat demand?

 

I will certainly sign the petition as well.

What sort of world do you want your kids to grow up in?

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Yes renegotiation that is exactly the situation. The first the court hears of it is when the creditor issues bankruptcy petition and uses SD as the evidence that he has proved the debt.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

 

Here is one - you can send it to whoever you like!!!!!!!!

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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No cost at all - totally free apart from the postage.

 

Although if you want to do the job properly you pay a process server about £70 to deliver it - did that once - but it was justifed............

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Ok. No wonder they are being confettied. I thought it cost them £30 to initially issue it or something. By the way, I think there is a new company on the block called 'Midas' :shock: :shock: :shock: . Maybe Goldlady is the one to tell them who's boss? :) :) :) GOLDLADY!

  • Haha 1

What sort of world do you want your kids to grow up in?

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Debt Recovery Experts

 

Seems on the face of it that they only do business debts - we shall see

  • Haha 1

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 4 weeks later...

I have had similar from Connaught in Feb and had them set-aside on the basis that they were posted (and not hand delivered) and not correctly completed. You can download forms from England and Wales Forms

 

You have 18 days to respond from date of receipt. If it was by post you can make up date of receipt.

 

YOU MUST LOOK TO SET-ASIDE ALL STATUTORY DEMANDS. ONCE THE 21 DAYS IS UP THEN DCA CAN PETITION FOR BANKRUPTCY.

 

My defence was as follows:

 

I was sent a statutory demand by post dated 11 February 2008 that I received on 12 February 2008 from Connaught Collections UK Ltd on behalf of 1st Credit (Finance) Ltd for an amount of £1,424.48 relating to a debt that they had supposedly purchased from the Bank of Scotland.

I have written to Connaught Collections UK Ltd asking them to prove that 1st Credit (Finance) Ltd are the legal owners of the Bank of Scotland debt and if so, to prove the calculation of the debt. I have not had a written reponse so far.

I attach my last statement from Bank of Scotland that I believe it relates, account number 123 031 49205.

I faxed Connaught Collections UK Ltd on 26 February 2008 asking for an update on this statutory demand and they rang yesterday (28 February 2008) to say they would be writing to confirm that they would withdraw this demand. I have as yet received nothing.

I therefore do not admit the debt owing to 1st Credit (Finance) Limited as I have no proof that their supposed debt specifically relates to the Halifax debt noted above and and even if I did I cannot reconcile their balance to the last balance stated by the Bank of Scotland.

I therefore ask for it to be set aside.

WinstonDog

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Can someone tell me what it says on the envelope from red, as I saved a few envelopes that day and am not sure which one the statutory demand came in now.

 

thanks

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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"there are actions afoot concerning the main "abusers" of this process".

 

I havent heard anything about this. What action? Who by? Where was this published? I spoke to a mate at the OFT and he said he hadnt heard anything at all about 'plans afoot'.

 

More information and proof please!

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"there are actions afoot concerning the main "abusers" of this process".

 

I havent heard anything about this. What action? Who by? Where was this published? I spoke to a mate at the OFT and he said he hadnt heard anything at all about 'plans afoot'.

 

More information and proof please!

 

Where did that come from???

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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at present there are actions afoot concerning the main "abusers" of this process.

Unfortunately, the OFT aren't the fastest of organisations so this may well be a drawn out process.

Abuse of this process is a serious issue and will likely have effects on the company's ability to hold a consumer credit licence.

 

I urge anyone that has received a SECOND class statutory demand to report the sender to Trading Standards for starters.

 

If it is sent from RED debt/Lowells then I am very interested as I am currently working with TS concerning this issue.

 

"there are actions afoot concerning the main "abusers" of this process".

 

I havent heard anything about this. What action? Who by? Where was this published? I spoke to a mate at the OFT and he said he hadnt heard anything at all about 'plans afoot'.

 

More information and proof please!

If you read the original post, you can see it's something that is on-going that may or may not bear fruit. I'm sorry you haven't been consulted
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bumping this petition up !!! please sign it

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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