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    • Hi   I assume it is this link if you could clarify:    Nest | nest.gov.wales NEST.GOV.WALES Welsh Government Warm Homes Nest Scheme    
    • Me Borrowed a large sum from someone.  Was unsecured.  Couldn't repay. So they got a ccj. Can't pay that either. So they applied to my bank with an interim 3rd party court order to "freeze" account.   Assume they think I'm hiding a ton of £s - which I am not.   I have no savings and barely any £s per month.  So just am curious what will happen next?  
    • Hi   Are you asking this on behalf of someone and if so we would need more details?   When you say 3rd party order for an unpaid debt exactly what is the debt and by who?
    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
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New Here - Advice on Statutory Demand for Bankruptcy


bezzer1955
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I have been chased for last 17 years - yes 17 YEARS! - for a debt with Nat West. In 1991 made agreed reduced montly payments to Nat West for 2 consecutive years but they got greedy and repeatedly asked for increased payments when I would write to inform them that our circumstances remained the same (Working Tax Credits) and would attach documentation in support. At the end of 2 years I and exasperated with Nat West's unfair demands, I went to see CAB who told me that it was "a pity that you made any payments at all as if you hadn't the debt would have been wiped after 2 years!" icon_cry.gif Due to our financial hardship I was advised to stop making payments and let Nat West file County Court Judgement. This didn't happen - they sold on the debt and for the last 15 years I have lost count of debt collection agencies who have harrassed me for recovery of this debt.

 

I followed CAB advice - binned letters & switched vacuum on when they phoned (up to 3 times per day). I get couple of months peace each year - I guess when debt it being sold on - and then it starts all over... My latest 'new friends' are called 'CAP QUEST' and have been the most tenacious by far. On Tuesday I received something which worries me - STATUTORY DEMAN FOR BANKRUPTCY - saw CAB advisor today who seemed to 'think' it IS a legal document and that I should comply with it. Document states - Original Creditor: Nat West Plc Assignees: CapQuest Investments Ltd.

States that (a) I have 18 days to apply to the Court to have the Demand Set Aside and (b) You have only 21 days before the Creditor may present Bankruptcy Petition. It also recommends that if I need clarification I should seek advice of solicitor.

 

CAB told me to download forms 6.4 Application to Set Aside a Statutory Demand and 6.5 Affadavit in Support of Application to Set Aside Statutory Demand, complete them (not too confident) and take them to Court tomorrow.

 

Would anyone happen to know for sure if in fact this is actually a legal document that I have to comply with? NB. I am not unduly worried about being forced into bankruptcy as we live in housing association accommodation, financial circumstances are worse now than at beginning of debt (husband out of work due to illness for last 5 years), 2 young teenage children to support, no assets of value and an old banger of a car!!! :Cry: Would it be in my best interest to go bankrupt (the debt is £2,575)? After 17 years I do want closure!

 

Anyone's advice would be very welcome at this present moment in time! Thanks in anticipation.

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Am I correct in thinking that you have not acknowledged this debt for 15 years (either by making payment or an offer of payment in writing)?

 

If this is the case then the account was statute barred many years ago - this means that no legal action can be taken to enforce the debt. That being said the statutory demand is something that you should apply to set aside. It's quite an easy process and is free to do, although you can and should apply for costs for your time.

 

Who is the DCA and what does it state on the statutory demand?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Oh forgot to say welcome to CAG :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory. You are correct in thinking I have not made any payments for 15 years but in the early years of being hounded by various DCAs I would occasionally write to refuse any payments based on my circumstances (in receipt of benefit) but cannot recall putting pen to paper for a few years now.

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Sorry - the DCA is called CAPQUEST! Stat Demand undeer section 268(1)(a) of The Insolvency Act 1986. Debt for Liquidted Sum Payable Immediately. So I guess it is the real McCoy! Anyhow my fears are calmed a little as I have this morning managed to secure an appointment with a well respected local advice centre - they usually have waiting lists 4-6 weeks but were kind enough to squeeze me in, albeit on the 18th day which is deadline for having Demand 'set aside'.

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Make sure you count the 18 days correctly. They are from service of the SD (when you received it) - not the date of the issue of the SD.

 

I would simply request the set aside on the basis that the account is statute barred under the Limitation Act 1980 Section 5 which states that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Bezzer

Welcome to CAG and don't worry. We should be able to help before the 18th anyway.

First, some DCAs use a statutory demand [sD] just as a way of frightening people into paying. It does not come from any court, even though it looks 'official'. However, it is legal in the sense it is allowed under the Insolvency Act. All it does (if you don't have it set aside) is allow the DCA to set down a bankruptcy petition against you IF the debt is more than £750 AND they come up with a deposit in hard cash of around £600 with no guarantee of getting the money back. For this reason, many DCAs do not actually go for bankruptcy but it is nonetheless a threat that you have to take seriously.

If you want to avoid bankruptcy you have to have the statutory demand set aside by making an application to the court. An application to set aside the statutory demand can be made if:

  • There is a substantial dispute about the money owed;
  • There is a counterclaim of more than the money owed;
  • The creditor holds security that equals or exceeds the debt in value;
    • On ‘Other Grounds’. A debt that was statute barred would certainly fall into this category.

An application to set aside must be made with 18 days of the statutory demand being served. Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court. These forms can be downloaded from the Insolvency Service website [

http://www.insolvency.gov.uk]. A hearing will be arranged at which the court will decide whether the demand will be set aside.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thanks for that Rory but I have thrown envelope in bin and therefore cannot prove when I received it???

 

That's not important. When you complete the set aside application you will swear an oath that what you have stated is true and that is enough.

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How to have a Statutory Demand (SD) set aside

 

There are many creditors who are issuing Statutory Demands (SD’s) inappropriately i.e. as a threat only and have no intention of going the whole route of making someone bankrupt. I have therefore set out a step by step guide to defending yourself from these types of threats.

 

 

Now in my job as a Process Server, I serve a lot of SD’s and people generally have a misconception that they can avoid or evade being served. This misconception clearly comes from the influence of American movies where you see the process server attempting to serve the person who refuses to receive it in their hands.

 

 

In England, it is generally impossible to evade service of a SD and if a person is being evasive then we simply send them a letter of appointment via 1st class post and serve them through alternate service i.e. by putting the SD through the person’s door or even leaving somewhere and informing the person of where it is and what is on it. Alternate service is just that, some other way of serving the document and I have known documents being served by publishing it in the local papers or taking out an advert. Once the SD is served, generally a statement of service is written and signed by the Process Server

So what is an Statutory Demand?

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgement is not necessary. The link here is a PDF of a Debt for Liquidated Sum Payable Immediately and also Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court and Debt Payable at Future Date

So that’s what they look like. Lets look at the common strategies for dealing with them.

 

 

How to reduce the risk of bankruptcy following a statutory demand?

(a) To avoid bankruptcy reduce the debt to less than £750.

(b) Offer to pay the debt by instalments.

© Make a reasonable offer to settle the debt.

(d) Apply to have the Statutory Demand set aside on the grounds that the debt is in dispute.

 

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

 

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

* The amount stated on the statutory demand is disputed.

* The person issuing the statutory demand also owes money. This is called a counterclaim.

* The person issuing the statutory demand is holding security that equals or exceeds the amount owing.

* The demand was issued in error.

* The amount owing is less than £750

* Execution has been stayed on a judgement debt.

* The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.

* The creditor failed to comply with the rules and prejudiced the debtor in the process.

 

 

Step 1 - So the best way of dealing with an SD is to accept the SD because it has lots of important information that you are going to need.

Step 2 - Read it carefully and decide if the particulars are correct. The debt has to be over £750 and not in dispute.

Step 3 - Write to the person named in part B of the SD informing him/her that the debt is in dispute and say why.

 

 

Step 4 - Print out an Application to Set Aside a Statutory Demand and an Affidavit in Support of Application to Set Aside Statutory Demand which you must fill in and present at the court within 18 days of being served.

I would have a read of this thread over at the Consumer Action Group which has some very sensible advice too.

 

 

And that’s the process. If you have any doubts about how to do this then I would strongly recommend consulting a Solicitor.

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