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Statutory demand for payment, Debt for liquidated sum payable immediately


emmliss
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You make you application for a Set Aside. If it is decided there is a good enough reason for a Set Aside then you will be given the date of a hearing as will the DCA. As its probably just sent out as another of their threats then they will not even bother turning up at Court. As a result you will get the SD Set Aside and then you can ask for your costs to be awarded against the DCA.

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hi

thanks yes i will go and have it set aside then what will happens im so scared.... if they dont set it aside what will happen?

 

My bet is nothing at all although i know others will say otherwise - the SD is just a scare tactic to get you to pay up & with respect, its obviously worked on you as you are scared.

Its not in anyone's best interest to make you bankrupt as it would cost them too much & they'd just end getting their money back over an even longer time period, if anything at all.

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Why are people so argumentative today? Must be the weather...:)

 

Emmliss, if you're intending to claim costs then I believe you should include this on your application for set aside.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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relax guys...make love, not war,....preserve nature...pickle a squirrel, keep death off the roads...drive on the pavements et al...

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.

 

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From what I hear on another forum from a DCA employee this business of getting SDs Set Aside in of great concern to the DCAs who used it as a ploy to CON people into contacting them.

 

Ooh, I saw that too :lol:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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me again right ill go to court monday cannot before as i cannot get their as its 40 min drive away fill in forms to have it set aside then what happends do i get a court date to appear then what what will i need to take with me?

Yuo can get the forms from here England and Wales Forms 6.4 & 6.5

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Bear39, I'm advising in the way I am for the detailed reasoning I have given. No one has yet even atempted to pull my reasoning to pieces which might imply that so far, no visitor to this thread has the means to do so. Simply saying that the dismissal of the SD is highly unlikely is not a reasoned argument. Additionally and with respect, saying for example that the worst that could happen is that emmliss gets herself a CCJ is to clearly misunderstand the nature of the proceedings contemplated. People are free to go look at other posts I have made over the last couple of days and decide whether it looks like I might have learned that stuff in the garden on Sunday or whether my knowledge might stretch back a little further than that.

 

Emmliss, you've found out the right court right? If you're determined to go and apply to set aside the SD, before you do so, I recommend you knock out in draft what you will want to say in your supporting affidavit and publish it to this thread for further consideration.

 

Alternatively one or more of those who have persuaded you to go to court might like to draft the non-dismissble supporting affidavit for you, because I sure as hell couldn't.

 

X20

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hi

yes can anyone help with the draft.....

one person says dont set aside others say i must one min im going next in my head im not now i really dont no i dont no what to put on forms for setting aside i dont no what to put in affidavit

 

im going insane my head is going to explode kids driving me potty carnt consontarate

 

 

 

hhhhhhheeeeeeeeeeeeeeeelllllllllllllllllllllpppppppppppppppp

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I don't know if repayment orders are made at SD hearings. I thought the SD was simply granted or denied. Perhaps someone could enlighten me.

 

X20 : are you able to comment?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Simply saying that the dismissal of the SD is highly unlikely is not a reasoned argument. Additionally and with respect, saying for example that the worst that could happen is that emmliss gets herself a CCJ is to clearly misunderstand the nature of the proceedings contemplated.

 

Huh :confused:

We've been advising that the SD set aside probably would work...And also that it's probably been issued to scare the OP :roll:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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emmliss: So sorry you are being encouraged to take legal proceedings you (and I both) would not feel confident enough to launch.

 

palomino: A repayment order will not be made at the hearing of an application to set aside a SD. The court has no power to do so. The court's power is limited to dismissing or not dismissing the application to set aside and dealing with any consequential application for costs.

 

bear39: Yes I know. Whilst I share the view that the SD was delivered to scare the OP and that the likelihood of the creditor going ahead with a petition is low, I do not share the confidence of those who are encouraging emmliss to apply, that her prospects of failing in her application to set aside the SD are for example 'highly unlikely'.

 

X20

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The delivery method of second class post is grounds on its own as this is illegal, an abuse of process and a waste of the courts time...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have previously dealt with the position in relation to service of the demand at post no5. Service by 2nd class post is not illegal, it merely places the creditor at risk that he will be unable to satisfy the requirements of rule 6.3. Further it is not an abuse of process or a waste of court time for a creditor to serve by 2nd class post. There is no 'issue' and service of SDs does not involve the court. Thus there is no process capable of being abused and no court time which gets wasted.

 

That the demand was served by 2nd class post does not of itself provide emmliss with the means to persuade the court to set aside the SD. The power of the court to set aside a SD is limited to those set out at rule 6.5(4)(a)-(d). Only 6.5(4)(d) would have any application, but an application on that ground would be likely to fail on the basis that the 'other ground' being a failure 'to do all that is reasonable for the purpose of bringing the SD to the debtor's attention and, if practicable in the particular circumstances, to cause personal service of the demand to be delivered' will be met by the answer that service by 2nd class post DID result in the SD being brought to the debtor's attention.

 

Mr Ton, agreed. But she's planning on going on Monday!

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You're legally qualified are you x20?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Emliss there are plenty of threads on here about how ordinary members successfully got SDs Set Aside. Do not be afraid of using the Legal System. The Courts are not out to trap you. It is in the interest of DCAs and its employees to make you think the whole process is scary. The Courts give a great deal of leeway to Litigants in Person and Court Officers are more than willining to assist you and help you make sure the forms are correctly completed

 

The following are reasons to apply to have a Stat Demand Set Aside

 

  • 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.

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Its only those with a sinister motive who want to keep people away from the courts 8)
DCAs and their employees are the only ones with anything to fear from the Court System.

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Ok, what I really dont understand about all this is, oh pls feel feel to correct me on anything I havent got right, as I am a newbie and just trying to get my head around it all.

 

Are DCA sending out stat demands (2nd class post) as a bluff/scare tactic? if so, why do we need to get it set aside? (this is the bit I really dont unerstand) surely if they had any intentions of following through with it, they would have it served properly? If it is just to save money, then surely the DCA would just go for a bankruptcy pet and say they have sent a stat demand through the post, when of course they havent!! lots of post goes missing every day, surely a court wouldnt believe a DCA, when they say oh we sent a stat demand and got no reply and of course there could/would be the geninue cases where people dont receive them. Surely this is an abuse of the law isnt it and all too easy to go for something so final as a bankruptcy. I am not against getting a stat demand set aside, and from what I have read I probably would myself, although I would be scared, as a few people have stated they have had a rough time from the judge getting the set aside, as some judges didnt seem to understand about a CCA is needed to be supplied for a debt to be enforceable. Maybe one judge wouldnt set it aside, what would happen then? I just dont really understand?

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