OH HSBC credit card debt

[BRIGADIER2JCS]

It must be remembered although we see SDs successfully set aside quite often it is NOT an automatic process, there must be justifiable reasons for the application cost will be at the discretion of the judge.

[ncm-000]

I could write one now and given that it contains all the relevant details it is legal.

 

What if I invoiced a DCA for the cost of research to reply to their puerile demands.

They would ignore it, of course.

Could I then issue a SD against them, at no cost, forcing them into a charge of £45/£80 to defend.

I could them go to court as a LiP and they would require a Barrister. More cost to them.

Is this a way of biting back.

[BRIGADIER2JCS]

So if this procedure costs the Debt owner nothing and automatically costs the debtor £45/£80 to contest why do all of them not do this it seems like a stick to beat all debtors with that costs nothing.

 

Seems extremely unfair that it cost them nothing but the debtor has to pay to defend. As I presume the debtor is in the smelly stuff if the SD is uncontested?

If the SD is not contested then the claimant can proceed to petition for bankruptcy, which is considered by the courts to be the ultimate method of debt collection and should be the very last resort after all other means of collection have been exhausted,#

There are proposals to raise the £750 threshold but these seem to be mired in the usual red tape at present, figure of up to £20K have been put forward.

 

Some debt purchasers/DCAs have been censured for misuse of the BR process issuing SDs without the intention of following the full process id very much frowned upon as is the issue of CC claims then withdrawing as soon as a defence is entered (see threads on Bryan Carter Solicitors).

[ncm-000]

If the SD is not contested then the claimant can proceed to petition for bankruptcy,

 

The petition for bankruptcy cost a lot, does it not, £500/£750 I seem to recall. That presumably would have to be paid upfront by the petitioner

[BRIGADIER2JCS]

Yes correct!

[ncm-000]

So they would need to be on solid ground and have a good expectancy of actually getting some money before proceeding down that path.

 

Sound like I am safe from that approach as I have no assets and no income.

[Conniff]

Just a couple of pence worth from me. I'm looking forward to the threshold for bankruptcy being raised, a lot of councils are using it for council tax arrears, very unfair.

 

Most importantly though, keep in mind that although a debt is in dispute and not collectable, interest can still be added during that disputed period, so there is the chance, albeit small, that should the required paperwork come to light and the outstanding be collectable, the debt could be substantially more than when first disputed.

[BRIGADIER2JCS]

Good morning Coniff , the abuses of the BR process are growing daily, the ''practice of bumping'' amounts owed by the addition of fees/charges to the outstanding debts is also growing.

[ncm-000]

From https://www.gov.uk/creditor-bankruptcy-petitions

Creditor bankruptcy petitions

Making someone bankrupt is one way to recover money owed to you - you will have to pay a fee.

Fees

The court fees to make someone bankrupt are:

 

• £700 petition deposit (for managing the bankruptcy)
  
• £220 for court costs
  

You can pay the fees using cash, postal orders or a cheque made payable to Her Majesty’s Courts & Tribunal Service.

[BRIGADIER2JCS]

All gets added to the gross debt!

[BRIGADIER2JCS]

Pursuing a debtor with little or no realisable assets is abuse of the process imo, and to pursue for unsecured non priority consumer credit debt is unfair and would be taken out of the frame if the threshold was raised considerably!

[BRIGADIER2JCS]

is this her HSBC card debt?

 

dx

 

I believe so dx.

[dx100uk]

19 threads on same debt merged going back to 2008 for history of advise

 

please keep to ONE THREAD per debt

 

dx

[BRIGADIER2JCS]

19 threads on same debt merged going back to 2008 for history of advise

 

please keep to ONE THREAD per debt

 

dx

Thanks for sorting that out dx!!

[citizenB]

I don't think there is a fee to have a Statutory Demand set aside !

 

You just need to complete the affidavit and another form, then take it to the court.

[Old Cogger]

Setting aside a Statutory Demand

If the statutory demand has been ‘set aside’ (i.e. cancelled) the creditor cannot apply for a bankruptcy order. The debtor can apply for the demand to be set aside on the grounds that:

 

 

 

 

 

 

iF is a substantial dispute about the money said to be owed — i.e., where there is a ‘genuine triable issue’; if the creditor has obtained a judgment, the court will not, at this stage, enquire into the validity of the debt.

The debtor has a cross-claim against the creditor which equals or exceeds the amount of the debt.

The creditor holds security which equals or exceeds in value the amount of the debt.

On ‘other grounds’ — eg, the debt is statute-barred or the demand has not been signed.

The application is made on form 6.4 supported by an affidavit in form 6.5. There is a £60 court fee but the client can apply for exemption or remission. The application will be put before a district judge. If s/he considers there are no grounds for the application, the district judge can dismiss it without a hearing. Otherwise, a hearing will be arranged at which the district judge will consider the application.

The court will not set aside a statutory demand on the ground that the creditor has unreasonably refused an offer of payment or security, or even on the ground that the creditor has refused to consider such an offer. Nor will the court set aside a demand on the ground that it is for an excessive amount. In such a case, the debtor is supposed to pay the amount admitted to be due and only apply to set aside as to the amount in dispute. The court will not ‘do a deal’ with the client to set the statutory demand aside on condition that s/he makes a payment.

If the application to set aside is dismissed, the creditor will be given leave to present her/his bankruptcy petition.

[citizenB]

Setting aside a Statutory Demand

If the statutory demand has been ‘set aside’ (i.e. cancelled) the creditor cannot apply for a bankruptcy order. The debtor can apply for the demand to be set aside on the grounds that:

 

 

iF is a substantial dispute about the money said to be owed — i.e., where there is a ‘genuine triable issue’; if the creditor has obtained a judgment, the court will not, at this stage, enquire into the validity of the debt.

The debtor has a cross-claim against the creditor which equals or exceeds the amount of the debt.

The creditor holds security which equals or exceeds in value the amount of the debt.

On ‘other grounds’ — eg, the debt is statute-barred or the demand has not been signed.

 

The application is made on form 6.4 supported by an affidavit in form 6.5. There is a £60 court fee but the client can apply for exemption or remission. The application will be put before a district judge. If s/he considers there are no grounds for the application, the district judge can dismiss it without a hearing. Otherwise, a hearing will be arranged at which the district judge will consider the application.

The court will not set aside a statutory demand on the ground that the creditor has unreasonably refused an offer of payment or security, or even on the ground that the creditor has refused to consider such an offer. Nor will the court set aside a demand on the ground that it is for an excessive amount.

 

In such a case, the debtor is supposed to pay the amount admitted to be due and only apply to set aside as to the amount in dispute. The court will not ‘do a deal’ with the client to set the statutory demand aside on condition that s/he makes a payment.

 

If the application to set aside is dismissed, the creditor will be given leave to present her/his bankruptcy petition.

 

When was this fee introduced ? I had a set aside application at the end of last year and there was no fee to pay ?

[citizenB]

Mike, where did you obtain the information in post #216 please.

 

https://www.gov.uk/statutory-demands/challenge-a-statutory-demand

 

http://www.bankruptcy-insolvency.co.uk/legal_issues_explained/statutory_demand.php#ProcedureSetAside

[Old Cogger]

** link removed **

 

That link is tied in with paying commercial services.

Edited April 28, 2013 by Conniff
Commercial link removed

[BRIGADIER2JCS]

There may be some confusion here page 8 of EX50 Insolvency Proceedings

Applications * Application on Notice in existing insolvency proceedings WHERE NO OTHER FEE IS SPECIFIED £60.00 fee.

* Application by consent where no other fee is specified £30.00 fee.

 

Source EX50 Civil and Family Court Fees from 2009 updated 2010.

Remission of fees be possible.

[citizenB]

I think this needs to be clarified one way or another.

 

None of the caggers who have been setting aside their Stat Demands have mentioned a fee and as I say.. I myself had one and no fee was requested.

[BRIGADIER2JCS]

I think this needs to be clarified one way or another.

 

None of the caggers who have been setting aside their Stat Demands have mentioned a fee and as I say.. I myself had one and no fee was requested.

There is no specific heading for the app to set aside within the published fees updated 2010 I will however check tomorrow.

[42man]

I have never heard of a fee being paid for the setting aside of a statutory demand, there is a fee paid to apply to annul a bankruptcy.

[BRIGADIER2JCS]

I have never heard of a fee being paid for the setting aside of a statutory demand, there is a fee paid to apply to annul a bankruptcy.

 

The confusion has arisen because of the section in the EX5 booklet which interpreted wrong ''applications where no other fee is specified'' £60.00, so has been interpreted that this fee must apply as no mention of a fee for setting an SD is mentioned anywhere.