Setting Aside A Statutory Demand...

[ghands]

Hey Guys,

 

I am just filling in the forms to get a Statutory Demand set aside for a disputed debt with First Credit.

 

I have filled in form 6.4 and left the time and date of the hearing blank.

 

I have also filled in an Affidavit, but have no signiture. Apparently it has to be signed by the court.

 

So, do I send it all off to the court, or do it take it down personally, do I have to make an appointment?

 

 

Cheers everyone, I just don't want First Credit to win!!!

[MONX]

Ghands,

 

you need to take it to court and get your affidavit sworn in, once you do that the clerk takes it and they then arrange a hearing.

 

You need to find out if your local court does this and you can do that by checking on here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

find out which is your court and if they do setting aside, it usually comes under family and bancruptcy.

 

If the link doesnt work you can cut and paste it into your address bar.

 

MONX

[42man]

Take it down to the court, where you need to swear the affadavit on oath, then await the response....(make sure you claim your costs too)....

 

Have you totally disputed the debt ?....

[ghands]

My partner paid these people for a while without knowing what it was, when I found out got her stop paying CCA'd and SAR'd them, end of March. They signed for the CCA and SAR, cashed the cheques, said it would be six weeks.

 

They never came back with anything.

 

I've informed them that they are chasing a debt in dipute, blah blag. The Sd wasn;t even filled out correctly.

 

As such the Debt has been in Dispute since the end of April this year. They don't even have an account number, default date or anything. They just say our client claims you owe thee 1130, with nothing to back it up.

[42man]

If they haven't replied to your SAR request after 40 days, then you need to send a reminder (recorded delivery) if they fail to respond in a further 14 days, the you MUST report them to the Information Commissioner's Office, to the best of my knowledge if they don't comply then you are entitled to compensation.....

 

In your stat demand defence....

 

state that you totally dispute the debt...and that it has been disputed since April (all they have provided for you is a letter stating 'YOU OWE US THIS'

 

both 1st credit and the alleged original debtor have failed to provide ANY information under the Consumer Credit Act and the Data Protection Act. And are in default of your request.

 

No statements for the duration of the agreement, no notices of assignment, no default notices, no agreements.

 

You feel the claim is vexatious, unlawful and verging on frivolous.

 

you request the judge dismiss the demand and pay your full costs in light of the distress this has caused you and your family.

 

Say that the staututory demand has not been served on you, and the fact that it hasn't been signed and therefore you believe that this is an abuse of process.