SD from DCA-wrong county court on form

[rory1968]

Hi,

I have been dealing with RMA for the past few months with the help of BRW(cheers).I got a SD in the post via recorded delivery(which I stupidly signed for).So,I can't really deny receiving it.Checked royal mail website.The last day to have it set aside is today.I filled in all the forms with help of this forum,went to the county court listed on the SD demand,but,this is not the court within the jurisdiction where I live.Is the SD still enforceable even though it lists the wrong court??.I can't get to the correct court until Thursday as I am away with work (day 20 post receiving SD).

The woman at the court office said I could pay to request more time,but,there would be a charge.She would not say if it was inforceable;hence my dilemma.

I am desparate to get on top of this and don't want to get done over by missing a deadline as the SD stated the wrong town to hand the form into.

Any help/guidance would be appreciated.The CC is AM*X,so,I know they are generally fairly viscious at following things through.

[42man]

The statutory demand doesn't have to be at the closest court as some county courts don't handle bankruptcies / insolvencies....it will be the nearest that handle BR's...

 

This is a good site to check on - The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

[42man]

As an example Epsom County Court don't handle Bankruptcies...but they do cover, divorce, civil and family....

[rory1968]

hi,thanks for your reply and link.the issue I have is the SD said to go to court X to have SD set aside.Court X said not the court for where I live.They gave me the court where I should go,but,on your weblink,they don't deal with bankrupcy.I border two counties and the nearest court is in the county I don't live in.What I want to know is what do I do now?Do I ignore it as it stated the wrong court or do I find out which court applies to me and pay a fee for late submission (day 20)?.I don't want to make things any worse,thanks,Rory

[42man]

Hi Rory....you have 18 days from when you received it, to submit it to the closest county court that handle BR's, I think you should apply to get it set aside...I think the judge will have a field day and NOT be happy....as it could possibly be an abuse of process (and depending on your reasons for setting aside)....you need to substantially dispute the debt....and claim your costs back....

 

Are you ok on filling out the forms ? Have you disputed the amount at all yet with whoever is chasing you ?

[rory1968]

Hi 42man,thanks for your help so far.I have eventually got the paperwork to the correct court!3rd time lucky!.I had filled all the set aside paperwork in,so,hopefully thats OK.As it was day 20 the court clerk was very helpful and suggested that I add to the affidavit that SD stated the wrong court and hence why I was coming on day 20 as opposed to day 18.She said the timing should not be a problem.She said that I should from the Judge in about 2 weeks,so,hopefully he will set aside or throw out SD.

I have not claimed any compensation as my priority was to get the paperwork in and get it set aside.I will let you know what happens next.Do you think I should inform the creditors solicitors that I have asked to have it set aside?

 

thanks again,Rory

[42man]

Are you ok with what to put on the affadavit ? Have you made a substantial dispute ?....

 

Your costs sheet as LITIGANT IN PERSON COSTS should be submitted 24 hours before the hearing....

 

You can certainly try ringing the person named on the demand, highly unlikely that you'll get through, (log the calls - dates and times you tried)....if you do get through just state that you will be getting the demand set aside and claiming your costs back at the hearing....

 

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.

[rory1968]

Hi 42man,

thanks for your advice.I have had 2 calls from their solicitors;on day 21 of the SD and the day I received the letter from the court to say my request had been passed to a judge and i should hear back in the next couple of weeks.do you think I should ring the solicitor (its not the named individual on the SD)?I don't want to make matters worse for myself.Thanks,rory

[42man]

I'd be interested to know how strong your case is Rory....if indeed it is strong, then I would ring the solicitors and say you will be applying for a set aside and claiming full costs....if they want to withdraw, then tell them you would oblige if they pay your costs !!! Also you can tell them that the number on the demand is different.....

 

What are your reasons for dispute Rory if I may ask ?

[rory1968]

I don't know how strong my case is?I requested cca and received a signed interactive application form.I applied online.I have not been provided with any details as to how they have come up with their sd amount.I can't afford to settle in full and am unsure what to do if they make me an offer?thanks,rory

[rory1968]

Hi,got a letter from their solicitors today giving me 7 days to contact with a payment plan.If I don't contact them by then they will contact AMEX to see what further action they should take.They list;bankruptcy,charging order,warrant of execution or any other action they should decide to take.They are calling this an undisputed claim.Any advice on what I should do?I can make regular payments if required,but,not much more than £150/month.The figure they quote is just over £7k(originally it was £6k prior to referral fees).Any help would be appreciated,thanks,Rory

[rory1968]

I received a letter from the court giving me a date for January.They have asked the creditor to attend before the Judge in December,so,I am not sure what thats about.Since i received the letter,I have had daily calls from the creditors solicitors re:recent correspondence.Any ideas on what I should do now?.I am just concerned if I don't make contact with the solicitors then,they might use this against me when they see the Judge in December.Any advice would be great,Rory:?:

[42man]

Rory when did you open the account ? And are there any excessive charges that have been added ?

[42man]

Apart from a bona-fide dispute on the account, the other way of getting the demand set aside is to come to an agreement with them, or pay to get the debt below £750. When you requested a copy of your agreement did they ONLY send a computer application ? no terms and conditons ?

[rory1968]

I got 2 letters from DCA solicitors saying that they were willing to drop SD if I sent back a form agreeing to not pursue expenses.In the other letter they have offered to remove one of their excessive charges,so,as to avoid costly court case.They have given me 7 days to contact them with an acceptable payment.They have said they will chase up CCA and T&C's as soon as possible.They make note of the fact that in my SD set aside letter I made no reference to making regular payments to the card account etc.

Should I phone them with a proposal or should I write to them or none of the above??thanks again,Rory