Help - Statutory Demand Hearing

[42man]

I can't think of any reason to tell a judge that I couldn't make it to court, apart from being ill or having an operation on that day....!! It might be worth requesting an adjournment because you haven't received all the relevant paperwork from the original creditor for you to be able to offer a proper defence. Have you sent a S.A.R - (Subject Access Request) request off ?? What is the debt for ?? Are there excessive charges on the account ?? did you ever get notices of assignment ?? any default notices ?? have you requested a copy of your Consumer Credit Agreement ?? Did you ever receive a letter before action ??

Edited July 1, 2008 by 42man

[42man]

Well if it was me in your position, then I would write gracefully requesting for an adjournment as you are still awaiting a full portfolio of paperwork from the original creditor by means of a Subject Access Request for the ALLEGED debt. And that you can't enter a proper defence without it. I can't guarantee this will work, but this is what I would do !! You could even attempt to say that the opposing side have not complied with your Subject Access Request to provide any copies of defaults, letter before action, no statements for the duration of the account as you believe there are a significant amount of excessive charges that have been added to the account, no copies of your Consumer Credit Agreement and that you have been unable to provide a proper defence. And also request that the judge defer costs too otherwise he may award the other side their costs too !!

 

As I said I may not be correct here, but this is what I would do...

Edited July 2, 2008 by 42man

[42man]

No, you have recorded delivery evidence of your request...but it isn't a CPR request you have made, it is a S.A.R - (Subject Access Request) request, Statutory demands are made under the insolvency act NOT under the civil proceudre rules. so basically if it was a CCJ they were going for then you could make a CPR request. you need to be clear to the judge in your absence about the debt being in dispute, non compliance with your request for a Consumer Credit Agreement, non production of notices of assignment, default notices, excessive charges that have been added....you need to be going for an adjournment saying you will be out of the country....the only slight worry is that if you request the adjournment is the costs to the other side (which I would ask the judge to do - i.e. request the judge gracefully reserve judgment on costs at this stage....).....you need to have a good read on all the threads about the reasons why you have requested full disclosure, due to non production of a CCA, excessive charges, non production of notices of assignment, default notices.....and add the reference to case laws for each..

[42man]

40 calendar days, if they haven't produced it then send a reminder, if after a further 14 days they still haven't sent it, complain to the Information Commissioners Office...who as far as I know do compensate you...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf