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Help Needed. Statutory Demand received today


JohnSmith1
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Hi

Today i have received a statutory demand for bankruptcy from capquest and am unusure what to do now.

 

It is for £862 for a store card opened in 1999. I think that i made payment to this account in the last 6 years to Clydesdale. It has been a long while.

 

It is dated 8th august andgives 18 days to apply for it to be set aside

 

I would really appreciate some advice

 

Ken

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Hi and welcome to CAG :)

 

You need to apply to have it set aside - There will proberbly be charges on the account which you dispute this will give you the grounds for the set aside.

 

You will need forms 6.4 & 6.5 from here England and Wales Forms you will need to take them to your local county court ( if they deal with them ) or the nearest one that does and swear an affidavit.

 

This needs to be done ASAP

 

Then you will need to find out if capquest have the right to collect the debt by sending them a CCA request letter N from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html send a £1 Postal Order with this request and either print or digitally sign the request

 

 

 

I will move your thread to the Legal Issues Forum.

 

 

 

saint

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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You could pay £113 off the debt and thus bring the balance to less than £750 - the bankruptcy threshold. Thats if you have the cash available?

 

Otherwise apply to set aside, as suggested.

 

If you have not been served personally or there has been no attempt to do so, then they are not serious and the chances of the court allowing a petition to proceed are slim (should you ignore and not turn up at any future hearing). An attempt (at least) should be made to serve personally in accordance with the Insolvency Act 1986. Of course if you make an appearance, you are providing evidence of service.

 

Any creditor not serving personally is "playing" at it. If they are trying to save a few quid in service fees, they are hardly going to spend hundreds

petitioning for bancruptcy!

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  • 4 weeks later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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