Statutory Demand served on me today -Help!!

[mich7k]

:!:Hi Guys

I just got served today with a statutory demand from a dca Daniel Silverman ltd well anyway it says that if i would like the debt to be set aside i have 18 days to apply to the court. But i have just read it through and it is dated Wednesday 4th June 2008! i have i effectively missed the deadline???? Even though i only recieved it today i have proof as the man that gave it to me also gave me a slip that he had ready to put through the door with todays date on.

 

So what's my next move folks, the debt is from a nursery that i didnt know i had from my son was a baby plus i was at college and my ex husband was supposed to have paid for it.

 

I'm on benefits i dont have nearly £3000 the original amount was 1872.35:confused: Im already facing repossesion proceeding for my home as you dont get any help until you are claiming IS for 39 weeks!

 

Im stressed now can they do this as they havent applied for a CCJ

[mich7k]

how do i get it set aside and what does it mean

[Markiemark1]

The 18 days runs from the date of service, so you have that amount of time from today.

 

The problem is that although your ex was supposed to be paying it I guess the debt was in your name. I'll do a bit of digging and see what I can come up with.

 

RM

[mich7k]

Thanks repoman my ex doesent even live in this country anymore i have no contact with him and there is no way that i can checkif it was paid

[Percival Wigglesbottom]

Could read this thread :

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html#post1426635

 

and

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/145068-threat-statutory-demand-10-a.html#post1527514

[Writerchris]

Hi,

 

I've been through the old set aside thing too (and won hehe) In addition to the above threads I found:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143995-statutory-demand-vertex-help-2.html

 

useful in helping me to fill out the forms.

 

Good luck and just ask if you need any more info

 

[mich7k]

THANKS GUYS! Will have a read through and get back to you

[mich7k]

i have had a read through the threads so confused where do i start guys? Do i request a CCA and put the account in dispute first? or do i go to the court to get the demand set aside what forms do i need and do i have to pay cause I dont have any spare cash??

[42man]

Is there an offical stamp on the documents ? as you will need to go to court to get it set aside...

Edited July 2, 2008 by 42man

[42man]

I think you have to fill in form 6.4 which you'll probably find at the insolvency website...

 

The Insolvency Service Website

 

My apologies I have just read your original posting.....it is likely that you can dispute the debt due to excessive charges that have been added to the account....i'm not sure your debt is governed by the Consumer Credit Act.

[42man]

I also have to ask....how long has it been since you made a payment ? or how long is it since you acknowledged the debt ? If it has been 6 years since you paid anything then the debt would be statute barred...

[mich7k]

i think the debt is from 2005 looking at the paperwork there is no court stamp on it. Its being printed on thick yellow paper and says rule6.1 in the top margins

[Percival Wigglesbottom]

You could send them a cca request . That'll mean you would need to send it asap and then fill in the forms after the 12+2 days with reference to the fact they have not complied and copy some of the letters on the above threads where no cca was provided. Send it recorded delivery, do not sign it, use a postal order, write the postal order number on the cca request letter, copy both the postal order and letter for evidence. Might want to use next day special delivery.

 

 

 

The Debt Company

Debts_R_Us House,

Payusnow Street,

Kent,

R1 7HG

 

By Special Delivery

 

Name: Mr Yule Getnowtfromme

 

Re:- Account/Reference Number 1234567890

 

Dear Sir/Madam

 

No debt is acknowledged to you, or any other person or organisation you represent.

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxx which represents the fee payable under the Consumer Credit Act.

 

This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

Please note, I must emphasize that the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt .

 

Please note that I have copies of all correspondence and attached payments enclosed therein.

 

 

Yours

 

Mr Yule Getnowtfromme

Edited July 2, 2008 by Percival Wigglesbottom

[mich7k]

thanks Percival im sending it off today

[mich7k]

hi folks well ive been busy today sorting out all of my paperwork i can seem to find a S.A.R. letter to use could some send me a link please?

[42man]

Use this as your SAR request, the thing that worries me here is the fact that sending a CCA request may not yield anything as this was a nursery, i'm not sure if you were covered by the Consumer Credit Act....certainly a SAR, will reveal all the paperwork they hold on you....

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[mich7k]

Thank you i will try and send it off on monday as i am skint! i have sent off the cca letter today to D silverman and prepared my set aside document for the court to take in on Monday also hope it works......

[mich7k]

Hi guys i have all my paperwork prepared just going to the courts now so here goes

[mich7k]

hi ya all i went to county court yesterday trying to look like i know what im doing so im just waiting to here back from the judge keep me my yours prayers folks! i will need your help for the next stage as i have no idea what i do next.

[mich7k]

just recieved a letter this morning from Daniels Silverman said that nursery accounts are not covered by CCA so they are therefore returning my postal order of £1.00. they will forward a copy of the nursery registration form in due course but i have 21 days to settle the account otherwise a bankruptcy petittion will be issued after the 21 days expires. and they look forward to recieveing my settlement cheque blah blah blah....

 

What do i do guys????

[mich7k]

any body there?????

[mich7k]

Please help what do i do next surely you guys cant abandon me now?

[miaow99]

:!:Hi Guys

I just got served today with a statutory demand from a dca Daniel Silverman ltd well anyway it says that if i would like the debt to be set aside i have 18 days to apply to the court. But i have just read it through and it is dated Wednesday 4th June 2008! i have i effectively missed the deadline???? Even though i only recieved it today i have proof as the man that gave it to me also gave me a slip that he had ready to put through the door with todays date on.

 

So what's my next move folks, the debt is from a nursery that i didnt know i had from my son was a baby plus i was at college and my ex husband was supposed to have paid for it.

 

I'm on benefits i dont have nearly £3000 the original amount was 1872.35:confused: Im already facing repossesion proceeding for my home as you dont get any help until you are claiming IS for 39 weeks!

 

Im stressed now can they do this as they havent applied for a CCJ

 

Who signed the registration form for the nursery? I'm not a lawyer, so take this with a pinch of salt but I would think the agreement with the nursery would fall under standard contract law. Therefore, if you signed it, you are liable. If your ex-husband signed it, he's liable.

 

If that's the case, you could apply for set-aside on that basis.

 

What did you say in the paperwork you sent to the court?

[mich7k]

i sent the paperwork to court last week monday no reply as yet the dca sent back my cca request along with my postalo order wht do i do now?

[berrylover]

I don't really know what the next step is, but I am sure that there will be people on here who do. Please keep yourself upbeat, I know its hard but if you have no equity then there is nothing to really fear. They cannot get from you what you do not have.