Statutory Demands

[tiglet]

As these seem to be the "in thing" with DCA's at the moment, I was wondering whether anyone was aware of this, which I discovered on the DCM website:

 

"A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

Be aware that named people on accompanying letters are not part of the Statutory Demand - only those on the Demand itself are valid.

Important - make notes of dates/times you try to call the named person on the statutory demand, together with the name of the person that you spoke to and a note of what was said. Write and confirm everything said by Special Delivery."

 

Now, the poll above is basically to say whether you have been able to contact the named person or not. If you haven't tried yet, give them a call and see how you get on. if you already have, again, let us know how you get on.

 

I'm thinking that with the amount of these flying around, and the amount which they drop when challenged, shouldn't we be able to flag up to the courts or OFT that this is an abuse of process?

 

Let me know how you get on.

[tiglet]

Johanna O'Keefe - nada.

[tiglet]

Might help if we state which company and which individual - see if there is a pattern emerging.

[Elenathion]

Capquest - Johanna O'Keefe - idiot I spoke to said she wasn't available but could call me back. Never did but I had the SD set aside anyway.

 

Red / Lowell - Andrew Bartle - idiot I spoke to said he is a company director and employs others to take calls for him.

 

On the set asides for both of these, I included the fact that they weren't contactable.

[tiglet]

Well done - i think more of us should do this - DJ's need to become aware of the abuse of process going on.

[surfaceagentx20]

The poll's great but I would caution against encouraging people to make contact with anyone mentioned as representing the creditor on the SD in all cases. Making contact after postal receipt of a SD might in some situations put the debtor at a disadvantage.

 

x20

[tiglet]

I think attempting contact is useful if one intends to apply to have the SD set-aside (therefore having acknowledged receipt).

 

If you do happen to get through to the person, you simply have to say that you have received it and hang up.

[make them aktiv runners]

6.1 begins with this

 

A statutory demand under section 268 must be dated, and be signed either by the creditor

himself or by a person stating himself to be authorised to make the demand on the creditor's behalf.

 

No notice of assignment first makes the SD invalid, as does failing to state they are authorised to make the demand on the creditor's behalf.

[tiglet]

To guys voting, would it be possible to say which company and who so taht we can build up a picture?

 

It may be useful to TS or to peeps going to court to attempt set-aside.

 

Thanks xx

[PSB123]

The poll's great but I would caution against encouraging people to make contact with anyone mentioned as representing the creditor on the SD in all cases. Making contact after postal receipt of a SD might in some situations put the debtor at a disadvantage.

 

x20

What could be the implications of this?

[snooziesuzie]

6.1 begins with this

 

A statutory demand under section 268 must be dated, and be signed either by the creditor

himself or by a person stating himself to be authorised to make the demand on the creditor's behalf.

 

No notice of assignment first makes the SD invalid, as does failing to state they are authorised to make the demand on the creditor's behalf.

 

Just wondering ......

 

What if its a photocopy signature? (i think capquest have been churning these SD's out as fast as their photocopier will go recently)!

 

I can't recall getting a notice of assignment - but how can I substantiate that?or do capquest have to prove they sent it and I received it (recorded delivery)?

[PSB123]

Just wondering ......

 

What if its a photocopy signature? (i think capquest have been churning these SD's out as fast as their photocopier will go recently)!

 

I can't recall getting a notice of assignment - but how can I substantiate that?or do capquest have to prove they sent it and I received it (recorded delivery)?

I'm quite certain my SD from 1st Credit is a photo copy signature.

[OnMyWayOut]

What could be the implications of this?

I believe the implication is that it confirms delivery, especially where delivery was by second class post.

[tiglet]

Too true - but, if you are going to attempt to get it set-aside (which is the safest thing to do, in my opinion) you would be confirming receipt anyway.

[propjoe]

ive made 4 attempts to contact a ROBERT JAMES LEMON but he seems to be a very busy chap and will not come to the phone .

 

i haven't had the stat demand set aside either

 

im past caring at what they issue me with now

 

edited to mention first credit

[tiglet]

I would get it set aside - if you don't, they could go for bankruptcy and the statutory demand stage is the best one to defend it.

[propjoe]

haven't got that much to lose and they will gain very little the thought of them b.r. ing me and getting next to nothing of what i owe is rather heartwarming.

 

btw the 18 days are long gone now so its too late

[badabing500]

Hi

 

Is it just me being paranoid.... or am I right when I see that the name J O Keefe has JOKE as its first four letters?

 

Speaking as someone who has been unable to speak to her before (despite many requests) I got my SD set aside (and costs), I wonder if County Courts will be amused if it turns out that 'JOKEefe' does not in fact exist....

 

Oh I do hope so, surely that's bordering on criminal?

[tiglet]

LOL - that's a good point!

[NORTHERNGUY]

mmmmmm....interesting!