statutory demand/shornagri - **WON + COSTS**

[shornagri]

Hi there everybody what a fantastic site lots of infomation to gleen off

anyway the main point i have been issued with a stat demand for a hire purchase agreement for a previous ltd company that has been liquidated and the idiots have issued it in a personal name which i am not to bothered about simple open and shut case but i was looking for the infomation to stop the hp company harassing me further somwhere i read that when we set the stat demand aside we can claim costs and also threaten to report them with a veiw to revolking there credit licence has any body got draft letters on this that i could send them

many thanks

[42man]

Hi Shorn, a very warm I'm not too sure on the processes for company stat demands to be honest....as for complaining there is an oft form here to complain directly - http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html

 

As far as stat demands go if it is any help, there are quite a few 'WON' threads here for stat demands... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

If you need any more help please shout....

[Mr lex]

Hi Shorn,

 

There is also a very good thread on dealing with S/D here :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

As 42 says come back and shout if you need anymore help

 

Lex

[shornagri]

many thanks for the info some of it i came across on the site earlier this week however idid read somwhere about threatening the dcawith costs does any one know wher this is

thanksand i will keep you informed

[42man]

Shornagri....please have a look here... - You will find this section very enlightening...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[shornagri]

sorted out the setaside today and just thought i would get a solicitor to check it over started monday took 3 different firms first one conflict of interest over old case took 3 days to tell me that. second one solicitor off sick dont know when coming back to work nobody else in that practice could help.third one dident know how to deal with it and eventually the forth one said it looks ok send it to the court well what a bunch of over paid -------------wallys no wonder the countrys in such a mess anyway will check out the post above again and keep you informed on how it progresses after this one i will tackle my bank charges

[42man]

Good luck Shornagri...and please keep us posted, did you claim for costs ?

[shornagri]

just one question when the stat demand was issued should it have had a case number issued and a court stamp on it

[Michael Browne]

just one question when the stat demand was issued should it have had a case number issued and a court stamp on it

No, the SD is issued by the creditor not by the court and doesn't require a court seal. There is no fee payable. This is why SD's are so attractive to creditors/DCA's, all it costs is a stamp, but frightens people into thinking they are going to be made bankrupt

[MARTIN3030]

Will move your thread into legal.Keep it updated.

[toddle2u]

One thing to bear in mind did you give a PG on the hire agreement?

[shornagri]

got the doc back from the court today and theysaid that the case was not in there jurisdiction and try a court nearer home however the court wesent th afadavit to was the one adressed in the stat demand any answere to this one

[shornagri]

re regarding the pg we did give one but waiting to see if they produce the paper work although we do have other items on the set aside as excess charges ammounts not due and in ltd company name and stat demand not served incorect protocol so at present not unduely worried

 

as the other post whenthecourt sent it back the atached acovering letter and stamped our set aside form and afadavit so if it does turnup for bankcrupcy court we have court evidence that that we submitted it on time

[toddle2u]

The set aside hearing has to be heard at your nearest county court. If the SD was completed correctly it would have said which court to apply to on it

[shornagri]

just rung the court that was named on the stat demand and they said that any application for our adress would be returned so this looks like they have made a serious error and the stat demand would be invalid please let me know if you agree that i should sit quiet or re file the afadavit in our local court with new pharagraph atached to the afadavit saying the stat demand was compleated incorectly giving misleading infomation to the corect courts causing this afadifit to be presented out of time many thanks

[shornagri]

well here we go again another sucess we turned up at our local court to sit before the judge for the setting aside of the statutory demand, and guess what happended.

he had a letter from the finance company saying theywere not objecting to the stat demand and were no longer going to persue this method

The judge awarded us costs of £65.00 but would not allow the time accounted for as i had done the work for my farther whose name it was in.

however the finance company did say as a final paragraph that they would persue further inthe county courts. thats great we said to the judge and thank you very much.

at least we will be able to offer a reasonable instalment plan of £10 per month should they go to all the trouble and expense of a barister and legal expenses at county court level.

thanks for all your help and i will keep you posted should the next stage occour