DCA statutory demand

[Fyffesy]

Hi all. Is there anybody out there who can help with this matter? I have been recently issued with a statutory demand from a DCA despite the fact they hadn't supplied me with what they claim is a credit agreement.

 

However, there is a twist as they have now provided me with an alleged credit agreement even though this was some time AFTER they issued the statutory demand. Have they shot themselves in the foot or have they got me by the short and curlies?

 

I should also point out that they did provide this document many months ago to the financial ombudsman following my complaint to themselves about the conduct of the DCA. However, for some unknown reason they didn't supply this directly to myself until shortly after issuing the statutory demand.

 

Any advice would be much appreciated

[ukaviator]

Hi Fyffesy

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary.

 

Can you post here the Agreement with your details removed, as it maybe unenforcable?

 

Also the company you owed money to before the DCA got involved, did you claim back any charges?

[mr.ton]

Its also used as a scare tactic & very rarely would the DCA follow through with it as its not in their best interests to make you bankrupt.

Would cost them money & they would get the minimum payment back per month if anything at all.

[Fyffesy]

Also, if a statutory demand is issued a few days before it becomes statute barred does this mean the clock stopped ticking and they can now proceed with legal matters whenever they like? Or does the alleged debt become statute barred in the meantime?

[Fyffesy]

Hi and thank you both for your swift replies. I have issued the oc with a SAR 42 days ago and have had no response from them at all. I sent them a reminder with 10 days to go and have now sent them a LBA. I also explained that this was important as they sold the debt to a DCA who is now issuing statutory demands etc.

Sorry i can't post it here yet. I am a novice with computers but will ask my brother to scan a copy for me. Thanks again for the advice

[Fyffesy]

The document i recieved was exactly the same as the one in this thread. I hope this works (ive never inserted a link before)

http://www.consumeractiongroup.co.uk/forum/barclaycard/182243-jaxo_uk-barclaycard-cca-enforcable.html

[ukaviator]

Is this DCA Connaught Collections?

 

Debts such as unsecured credit cards and loans, the period is 6 years from default to take the borrower to court. If the relevant period is reached without court action being taken then they lose the right to do so forever. The default date shown on a CRA file is not always the same as the date that you actually defaulted so it may have been before or after what’s still showing on your files. The key issue here is has 6 years passed or not since you defaulted.

 

The original entries remain at present, they all still exist, you’re still liable, and they could perpetually re-register the debts as adverse unpaid entries but not as fresh defaults. This would have an effect on your credit files in the future. So just getting to year 6 successfully will not mean that your CRA files will be free of them and usually are not.

 

Statute barred debt will still be a problem, you have the choice of coming to some full and final deal or not paying at all remembering that you credit file will still show them as defaulted accounts. With Statute barred debt most people would then make a full and final offer of some sort often for a fraction of the debts face value which is nearly always successful first time around. Alternatively as you know that however old it is its still a debt you are liable for which could adversely effect your CRA files as well as any partners and cause you to have to pay more for credit in the future.

[Fyffesy]

To be honest, the issue of my credit rating isn't currently a priority of mine. I am aware that the this will not just disappear.I just cannot understand how companies such as this get away with what they do.

 

I would just like to know where i currently stand regarding this Statutory Demand. Clearly, cabot will not be forthcoming with adice upon my legal rights. This is why i was hoping somebody could explain whether or not the issuing of a Statutory Demand just before the 6 year period expires actually means they have got in just in time and can now commence legal proceedings against me at their leisure.

 

Thanks for the info about the default date by the way. I dint know this

Edited April 6, 2009 by Fyffesy

[cerberusalert]

Cabot are sending a lot of these out just lately. Have a read through Legal Issues Explained - Statutory Demand for further information about SDs.

 

Have you had your CCA checked out for enforceability?

[Fyffesy]

I haven't yet. But as i said previously, its identical to the one in the link i inserted. In actual fact mine is a much poorer quality copy and you can barely read a word of it.

 

How do i get it checked out? And wont cabot just disagree if i say i have sought advice and been told its unenforcable?

[ukaviator]

Debt Collection Agencies are very careful in the wording of their letters and certainly stretch the legal boundaries to their limits, but they must cease collection activity when informed that the debt is Statute Barred and the alleged debtor has no intention of paying. Remember, creditors are still able to pursue an unsecured debt if they have previously obtained a judgement against you (a CCJ) or you have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement). We need to look at the exact dates.

 

If your copy is so poor in quality you have trouble reading it then maybe unenforcable under regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Edited April 3, 2009 by ukaviator

[cerberusalert]

I haven't yet. But as i said previously, its identical to the one in the link i inserted. In actual fact mine is a much poorer quality copy and you can barely read a word of it.

 

How do i get it checked out? And wont cabot just disagree if i say i have sought advice and been told its unenforcable?

 

If it's the same as the one in the link you can dispute it on two counts, the first being that it doesn't contain the prescribed terms and the second because it's illegible.

[Fyffesy]

Well its actually more complicated than I'd like it to be due to the fact that they are chasing me for two separate debts. According to their copies of statements from the oc, the last payment made to one of these debts was just over 6 years ago. However, i cannot check the exact default dates as i have no way of accessing my CRA files as i currently have no bank account. They issued me with a Statutory Demand days before the 6th anniversary of the final payment. I'm not sure if this was purely by chance or deliberate

[Fyffesy]

Thanks cerberusalert. But do you think the DCA would claim that the prescribed terms are referred to in the small print on the document? I have no way of reading this as it is entirely illegible.

 

Do you have any thoughts as to the reasons the year has been deleted from the date of signing (underneath the signature)?

The same thing has happened on mine. Any ideas? Bizarre

[cerberusalert]

You can do it for free from https://www.annualcreditreport.co.uk/account/login.htm you do not need a bank account, the only problem is it takes 2/3 days because once you register online they send you login details by snailmail as a security measure.

[Fyffesy]

Thank you very very much!