Statutory Demand from Vertex - help please

[porsha]

Do I hand sign the S.A.R request?

[nicklea]

ok on form 6.4 at (a) put the name and address of the person given on the SD

 

attend before the Registrar etc leave this blank the court will fill it in

 

(b) put your name

 

next bit put in the date shown on the SD

 

© the date that you're going to take it in to court

 

(d) the same name and address that you put in (a)

 

(e) your name and address

 

sign and date it and cross out the bit that says "(Solicitor for the)" so that it just says "Applicant"

 

on 6.5

 

(a) your name and address and the word Applicant

 

(b) the date that you first saw the document

 

© That I do not admit the debt because:-

 

then have a read of this thread:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

which is useful for giving the reasons

 

 

You then need to take this form in person along with the SD to your local county court (it must be a county court that deals with bankruptcy - most do, but not all, for example Trafford county court doesn't but Manchester does)

 

You need to tell someone at the counter that you need to swear an affadavit and then they will go through the process with you. You then hand it all in and wait to hear for a court date.

 

There is no cost for this

[porsha]

Thanks for that! Can you tell me if I hand sign the S.A.R request as I know not to hand sign the CCA request?

 

Also, can I get the Affadavit signed when I take it to court or do I have to have it signed by a solicitor before I go?

[bennieee]

I would suggest not signing anything by hand.

 

When I signed my Affadavit it was sworn at the court by one of the clerks there, I did not need to see a Solictor.

 

HTH

[nevos]

This may help if only for the layout,

 

 

Affidavit in Support of Application to Set Aside Statutory Demand

 

1.(a) I YOUR NAME OF YOUR ADDRESS THE DEBTOR

 

Make Oath and say as follows:

 

1.(b) THAT ON THE INSERT DATE THE STATUTORY DEMAND

EXHIBITED HERETO AND MARKED SD1 CAME INTO MY HANDS.

 

 

2.(a) I DO NOT ADMIT THE DEBT TO VERTEX DATA SCIENCE

LIMITED BECAUSE I HAVE NOT BEEN PROVIDED WITH A TRUE COPY

OF ANY SIGNED AND PROPERLY EXECUTED AGREEMENTS

BETWEEN VERTEX DATA SCIENCE LIMITED AND MYSELF.

 

2.(b) I HAVE INFORMED VERTEX DATA SCIENCE LIMITED ON

INSERT DATE BY LETTER AND SENT VIA SPECIAL DELIVERY THAT,

UNLESS THEY CAN PROVIDE ME WITH TRUE COPIES OF ANY

AGREEMENTS THEY REFER TO THEN I CONSIDER THEIR CLAIM TO

BE IN DISPUTE NO RESPONSE HAS BEEN FORTHCOMING TO DATE

 

3. (a) I HAVE SENT PUT BANK ETC ORIGINAL CREDITOR A SUBJECT

ACCESS REQUEST IN AN ATTEMPT TO CLARIFY MY POSITION

HOWEVER UNDER STATUTE ORIGINAL CREDITOR HAVE 40 DAYS

IN WHICH TO RESPOND.

 

IN VIEW OF THE ABOVE I RESPECTFULLY REQUEST THE COURT TO SET ASIDE THE STATUTORY DEMAND OR IN THE ALTERNATIVE MAKE AN INTERIM ORDER PENDING THE REQUESTED INFORMATION.

 

You may have read in our thread, we did not try to set aside.

 

Your County Court should be mentioned in the SD.

Edited May 15, 2008 by nevos

[nevos]

Here is a Form 6.4

6-4.pdf

[nevos]

Here in word maybe they are in the library if so a mod can remove

6-4.doc

[porsha]

Well today I have had my £1 PO and my CCA request letter returned from Vertex, saying it was to the wrong payee!!! There is no accompanying letter and they didn't even address the envelope to me, just my address. there is just a compliment slip from a United Utilites?? with a box ticked indicating wrong Payee. So what do I do know? resend the CCA request to United Utilities?? This will cost me a fortune in registered post if they keep trying tactics like this

[babybear39]

As vertex is the DCA chasing you it's their duty to pass your CCA request to UU. Send a stern letter back with the same PO stating this. Request their complaints procedure too.

[nevos]

Hi, if it is Vertex who issued the SD then they would have probably used a solictor: This is how we send to them:

 

VERTEX DATA SCIENCE LIMITED

C/O LEES LLOYD WHITELY SOLICITORS

6TH FLOOR CASTLE CHAMBERS

43 CASTLE STREET

LIVERPOOL

L29TJ

 

Has worked every time so far.. or should I say they dont bother to respond until the last moment. You will have brought the solicitors into the loop and they should act properly. One hope so but....read the SD all the information should be there for accuracy.

Edited May 17, 2008 by nevos

[nevos]

This will cost me a fortune in registered post if they keep trying tactics like this

 

Going pop might cost you a lot more right...you can send recorded delivery and trace it on line, you will see when it was delivered and who signed it etc..

[porsha]

This is what is on the SD:

 

Demand served on you by the Creditor:

 

Vertex Limited

Haweswater House

Lingley Mere Business Park

Lingley Green Avenue

Warrington

WA5 3LP

 

 

Person authorised to make demand on creditor's behalf:

 

Imperium Law LLP

Jordangate House

Jordangate

Macclesfield

SK10 1EQ

 

I made the PO out to Vertex Limited and sent to their address. Shall I send to whom nevos suggested or the solicitors on my SD? and who shall I make the PO out to? Time is clicking away

[porsha]

Nevos, can I ask your reasons for not trying to set aside the SD?

[nevos]

Hi Porsha; Im away on a trip so have to be quick: Send your letter to Vertex c/o the solicitor on your SD mine was just for example.

 

They never sent the agreement and so we were not sure if they were serious. Before we went to the first hearing their solicitor sent a bill for 1500 and asked if we wanted to settle all in full etc..the Judge gave us one month to file a statement which Vertex have to answer by end of May. It must be easier to have the SD set aside I guess, if it is not going your way you can ask for an adjournment. They dont appear to care about supplying the agreement and press on regardless, trying their luck.

[Mr Micky]

I hope but am not covering old ground but I received a statuary demand fro a solicitirs acting for Amex sent on the 8th received on the 9th. I phoned the solicitors (who were quite friendly!) on the 9th may and said I would try to make an improved offer of payment (I had made offers verbally to a previous DCA involved but was not acknowledged) I received a letter 20th with a statement of income/expenditure to complete wich they want bak in 7 days. I have two questions, does this letter mean they will not persue the statuary demand tomorrow in your opinions? also the letter asks me to acknowledge the debt, will that prejudice me if they cannot, for example, produce a valid CCA if i request it? Hope you can help.

[morganpink08]

I hope but am not covering old ground but I received a statuary demand fro a solicitirs acting for Amex sent on the 8th received on the 9th. I phoned the solicitors (who were quite friendly!) on the 9th may and said I would try to make an improved offer of payment (I had made offers verbally to a previous DCA involved but was not acknowledged) I received a letter 20th with a statement of income/expenditure to complete wich they want bak in 7 days. I have two questions, does this letter mean they will not persue the statuary demand tomorrow in your opinions? also the letter asks me to acknowledge the debt, will that prejudice me if they cannot, for example, produce a valid CCA if i request it? Hope you can help.

 

hi Mr Micky

The same things happened to me i made offer verbally when i recived statutory demand from vertex and they sent me a financial statement to complete i then sent it off and they then sent a letter saying my account was passed on to legal team. By that time my 18 days was up to set the statutory order aside and now im getting no help at all from them false promises of calling me back. The court say i can still set it aside just explain why i didnt originally. I have now verbally made a larger offer to Vertex via there legal team but still waiting for a reply

 

good luck

[nevos]

Same with us, Vertex refused the offer saying it is with thier legal dept:

 

Morganpink: How much is your debt for and have you sent the CCA request?

 

Is it on behalf of Amex or a DCA? I doubt the Banks would issue an SD but, just my opinion. If they have then there may well be plenty of unlawful charges which, may or may not help your situation, remember you can be made bankrupt for £850 and above.

 

We did not try to set aside, you do have time, you can also ask for an ajournment pending waiting for agreements etc.

 

Another Vertex tactic is, to ask the judge for a 2 week adjournment for negotiation, makes them look reasonable but, you never hear from them.

 

It is a get rich quick scheme for them.

[morganpink08]

Same with us, Vertex refused the offer saying it is with thier legal dept:

 

Morganpink: How much is your debt for and have you sent the CCA request?

 

 

hi

its for £3269.85 originally but now its gone up on statutory demand to

£3636.07 however vertex claim i only owe the lower amount. Im going to send the cca off today and preparing my set aside to take to court tomorrow.

good luck

[morganpink08]

sorry i deleted but i wrote on wrong thread

Edited May 27, 2008 by morganpink08
sorry wrong thread

[nevos]

Hi, Good luck! ask for costs if possible or at least each side to pay their own etc..

[porsha]

Hi everyone, here is an update..

 

It is 12 + 2 working days today since Vertex solicitors would have recived the CCA request (If you remember I sent to Vertex first and had it returned, so re sent to their Solicitors) I am still waiting on the S.A.R - (Subject Access Request) from the HSBC and I decided not to set aside in court. So how do I stand presently? If the copy of the sign agreement doesn't arrive today, Vertex are in default and cannot enforce the debt? Is that correct and if so, what do I do now?

[babybear39]

Why didn't you apply to set aside?

 

Yes, if the 12 + 2 is up they are now in a default situation and cannot enforce without producing a valid CCA. This situation continues until such time as they do. If/when they exceed the further calendar month contact Trading Standards and use this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[porsha]

Hi, I didn't apply to set aside as I didn't particularly think it would achieve anything really?

 

What I don't nderstandis, why have they got 12 + 2 working days and then a further month?? I was under the impression that if they didn't provide it within the the original 12 + 2 days then thedebt was totally unenforceable??

 

So basically, if they provide it within the next calendar month, they can still apply for the bankruptsy??

 

The HSBC have written today and have said that as it was a loan agreement they don't have to provide the information? They haven't sent the statements from my bank account either, even though I requested them and sent the £10

Edited June 11, 2008 by porsha

[nevos]

Hi Porsha,

 

We had the same situation again HSBC and Vertex, mentioned before we didn't apply for the set aside either, they went ahead with the petition and produced a photocopy of the agreement the day before the hearing. it is unlikely that they will get any stick for being late with the agreement (if they can find it) in my opinion but, do not accept anything less than both parts of it not, a copied signature page without terms. If they go ahead you will have time to make your argument. Other wiser one may have some input hopefully.

[nicklea]

Hi, I didn't apply to set aside as I didn't particularly think it would achieve anything really?

 

Do you own your house or have any other assets? If you do then bankruptcy can be very difficult. If you don't get this set aside they can apply for a bankruptcy petition against you

 

What I don't nderstandis, why have they got 12 + 2 working days and then a further month?? I was under the impression that if they didn't provide it within the the original 12 + 2 days then thedebt was totally unenforceable??

 

What you say about being unenforceable is correct. After a month they have committed an offence - but to be honest, trying to get Trading Standards to prosecute anyone for this seems to be almost impossible.

 

Having said that, there is some very new legislation that might be appropriate and some TSs might use

 

So basically, if they provide it within the next calendar month, they can still apply for the bankruptsy??

 

They can apply for bankruptcy at any time, teh fact that they havent't responded to your s77/s78 request will be one of your grounds for having the petition set aside.

 

The HSBC have written today and have said that as it was a loan agreement they don't have to provide the information? They haven't sent the statements from my bank account either, even though I requested them and sent the £10

 

They are getting mixed up, sometimes they do have muppets working for them. My wife used to work for them (she wasn't a muppet - but she said that there were plenty of them working for hsbc). They DO have to send the loan agreement. Can I just check it was a sar that you sent to hsbc? Maybe they thought that it was a s77/s78 request - but even then they would still have to supply a copy of the agreement. In this situation it might be better to phone HSBC, there will probably be a number on the letter that you got in reply to your sar. Call them and tell them what's happened and what you're missing. People in these departments are (generally) slightly better educated than the call centre muppets.