Statutory Demand rec'd by Special Delivery - **SET ASIDE**

[42man]

Hi FDPM WELL, please try and relax, and start a new thread for the claim that came through.....for the claim that came through, you've got 14 days from the date on the claim form, in which to acknowledge the claim, if you wish to defend all, then state that you are doing that, BUT you get a further 14+3 days in which to submit a defence, and depending on what the particulars of the claim state (it is useful to know what these are - but don't be specific with the numbers) you need to submit the CPR31.14 to the opposing solicitors ASAP.....please send me a message if you aren't sure but do start a new thread....

[fdpm]

Hi IGNM and 42 Man - Thank you for your advice - I started a new thread last night for the CCC thing.

 

With regards to the SD - if I send a copy of the papers I received from the court, should the solicitor stop calling and writing to me?

 

For some reason the court have sent me two copies of everything and I wondered if they have sent me two and forgotten to send him one... I then wondered... if he doesn't know about the court date, he might not turn up... job done - but I guess that's just wishful thinking on my part! I will do as you suggest though and send him a letter.

 

All I have received from Amex (OC) is a very miniscule-print copy of the credit agreement which I cannot decipher in order to tell whether or not all of the presribed terms are included. I have never received a Default Notice from them. I also have several letters from different DCAs and Solicitors all purporting to be dealing with this, all claiming different amounts and some claiming the debt was assigned - and yet no Notice of Assignment. The SD was issued by a solicitor but the name on the SD is a chap who doesn't appear to exist; I have tried calling him twice but he never is available...

 

I think from reading other posts on here that I have a fairly solid defence, I just need some help in putting it all together and someone to tell me how I go about presenting it all.

 

Thank you

[foolishgirl]

With regards to the SD - if I send a copy of the papers I received from the court, should the solicitor stop calling and writing to me?

 

Should do but may not Take a note of the date & time of all the calls & then you have the evidence for harrassment if you need to take it further. You could also include the letter below with your CPR request.

 

All I have received from Amex (OC) is a very miniscule-print copy of the credit agreement which I cannot decipher in order to tell whether or not all of the presribed terms are included. I have never received a Default Notice from them. I also have several letters from different DCAs and Solicitors all purporting to be dealing with this, all claiming different amounts and some claiming the debt was assigned - and yet no Notice of Assignment. The SD was issued by a solicitor but the name on the SD is a chap who doesn't appear to exist; I have tried calling him twice but he never is available...

 

So make sure you request a LEGIBLE copy of the agreement & all the above docs already mentioned in previous posts. Also ask them to confirm that Mr xxxx (on SD) is employed by them & if he has left, the date of his termination.

I think from reading other posts on here that I have a fairly solid defence, I just need some help in putting it all together and someone to tell me how I go about presenting it all.

 

You'll get help. How soon is your hearing?

quote]

 

 

Letter template to stop harassment by phone:

Harassment by telephone - Consumer Wiki

[fdpm]

Hi FG,

 

Yes I did change my username as the previous one was a bit too obvious... I am becoming very paranoid! (Don't trust the b'ggers)

 

The hearing is in May - around the 20th - so have a few weeks to sort things but with all the other stuff going on at home and with IN-laws, it is bit hectic so am trying to sort things in my head in order that when I sit down to deal with it all, I can make some headway.

 

Thank you for all your help, I really do appreciate your time.

[foolishgirl]

Hi FG,

 

The hearing is in May - around the 20th - so have a few weeks to sort things but with all the other stuff going on at home and with IN-laws, it is bit hectic so am trying to sort things in my head in order that when I sit down to deal with it all, I can make some headway.

 

Don't worry, plenty of time - these things always tend to be a bit last minute as you never know what the other side will throw into the ring at the 11th hour. Hopefully your MIL will be up & running before then & you can leave yourself time the week before to get your evidence together etc.

 

Just get those requests off post haste - the sooner they don't respond, the sooner you can take the next step & formulate your witness statement for the hearing.

[fdpm]

Okay, from what you are all saying here, am I correct that for the SD Set Aside Hearing which is in May, I should, prior to this date, send a CPR 31 letter to the ???Solicitors??? requesting everything they have?

 

OR

 

Do I send an SAR letter to Amex (OC) ???

 

Please can someone help as I am now dealing with two different Court things and I am really confused.

 

Yesterday, I thought about running away from all of this as it is all so scarey but I slept on it and am feeling a bit stronger today but am so fed up with it all. I am so cross with my self for getting in this mess in the first place. And I'm annoyed with the CC companies because when things were going well they were so happy to keep raising my credit limits... I feel so stupid and ignorant. Ok Rant over...

 

Please could some one help me?

[42man]

For a stat demand you can't use the CPR as stat demands / bankruptcies are governed by the Insolvency Laws as opposed to the Civil Laws....A SAR is the way to go....or if there isn't enough time send the SAR, but ask the judge if need be to order full discoslure of ALL documentation...

[fdpm]

Thank you 42Man

 

SAR in post this morning!

[fdpm]

When/what do I need to send to the court in relation to the Set Aside hearing in May?

 

I have sent off an SAR to Amex this morning -I'm kicking myself because I should have done this earlier but with all the stuff happening, I forgot!

 

I'm panicking now because they have 40 days which isn't enough time.

 

Help?

[fdpm]

bump

[42man]

You need to fill out forms 6.4 (set aside form) and the affadavit (6.5), you need to get the affadavit and any accompanying documents sworn in (which can be done free at local county courts) or £5 at a local solicitors, I believe that at central London courts it costs £12...) once you have filled out the forms, take the original stat demand to the court with your forms (take a several copies of everything)

 

The forms are here in electronic format - Electronic Forms 6.4 and 6.5 for statutory demand set aside

[42man]

You need to submit the forms within 18 days of the date it was served on you....

[42man]

Do have a look through the legal successes too - DCA Legal Successes - The Consumer Forums

[fdpm]

Hi 42Man - sorry if my last post was confusing - I have done the sworn affidavit and now have a court date for a hearing in May.

 

It's this that I'm now worrying about as I think the SAR to Amex is too late and I'm not sure what to do next.

[foolishgirl]

You need to fill out forms 6.4 (set aside form) and the affadavit (6.5),

 

Did you not do this way back at the beginning of this thread FDPM?

 

Maybe I misunderstood but I thought it was just help with the hearing docs. etc. you needed?

[fdpm]

Hi FG - yes I have done the Set Aside forms and now have a hearing date and it's that I am looking for help with... AND unsure about SAR for Amex as now not have time!

[foolishgirl]

Don't worry about info from the SAR arriving in time, you have already covered the fact that you do not have a legible CCA & no default notices etc. in your affidavit. The DJ should want them produced in court & should therefore order Amex to comply.

[fdpm]

Can anyone tell me what happens at a Statutory Demand Set Aside Hearing?

 

Do I need to take anything other than my affidavit?

[42man]

My apologies FDPM.....I hadn't gone through your thread again !! Take with you several copies of any documents you need to use (it has been known that judges will sometimes ask you for a copy as they don't have one !!).....take any notes on case laws that you might be using, and don't forget to submit your costs to the court 24 hours before the hearing....

[fdpm]

Hi 42Man, Thank you - I thought I must have confused you...

 

I used the 'wording' you gave me for my Affidavit - so presumbably then, on the day I take copies of that, plus copies of the cases that I have referred to?

 

If you have time, I would appreciate a little more guidance as I'm not really sure about all of this. Can they decide at the hearing whether or not to make me bankrupt?

 

Also, the other side's solicitor keeps calling me to say it is urgent that I talk to him but he is always very rude and aggressive so I don't want to speak to him - but can he use that against me - i.e say that I refused to discuss it with him?

 

I'm sorry to keep asking all these questions but I really don't know - I have managed to live for nearly 50 years without ever having anything to do with anything legal so feel like a complete idiot.

[I've got no money]

Hi 42Man, Thank you - I thought I must have confused you...

 

I used the 'wording' you gave me for my Affidavit - so presumbably then, on the day I take copies of that, plus copies of the cases that I have referred to?

 

If you have time, I would appreciate a little more guidance as I'm not really sure about all of this. Can they decide at the hearing whether or not to make me bankrupt?

 

No - they would have to commence proper bankruptcy proceedings for that

 

Also, the other side's solicitor keeps calling me to say it is urgent that I talk to him but he is always very rude and aggressive so I don't want to speak to him - but can he use that against me - i.e say that I refused to discuss it with him?

 

No - You don't have to speak to him but you ought to have some sort of communication with them - I'd write to them and tell them that at this stage you are only prepared to have contact with them in writing and that if he has any proposals he should place them in writing.

 

I'm sorry to keep asking all these questions but I really don't know - I have managed to live for nearly 50 years without ever having anything to do with anything legal so feel like a complete idiot.

 

Hope that helps

[fdpm]

I wrote to tell him that I had applied for a Set Aside and asked that he refrain from taking any further action until we have attended the hearing in May. He then called me and left a message saying it was urgent that I call him back.... Not sure what to do now.

[I've got no money]

If you don't want to speak to hime - then write him a letter telling him that as an LIP without any legal knowledge you are concerned that any confusion and uncertainity should not arise and for that reason you are only prepared to deal with him in writing. Therefore can he respond to your letter in writing

[fdpm]

Ok Thank you IGNM... I'll do that.

 

Do you know what happens at a Set Aside hearing? Am I correct that if the Judge decides they are 'right' - they then have to submit a bankruptcy thingy but if the Judge decides I'm 'right' then it is over?

 

Please can someone tell me as I can't sleep worrying about this.

[I've got no money]

Ok Thank you IGNM... I'll do that.

 

Do you know what happens at a Set Aside hearing? Am I correct that if the Judge decides they are 'right' - they then have to submit a bankruptcy thingy but if the Judge decides I'm 'right' then it is over?

 

Please can someone tell me as I can't sleep worrying about this.

 

Basically if they win - they don't have to bring the bankruptcy proceedings - they can if they want to

 

If you win - they can't bring any bankruptcy proceedings on the basis of that SD. They ould, fr example, bring a separate county court claim as a straightforward consumer credit debt claim

 

The thing to remember is that sometimes a stat demand is served without any intention of bringing bankruptcy proceedings - its' a frightening tactic - some people pay up on receipt of the demand.