Statutory Demand Recieved

[rimmer]

This is my first post allthough ive been a member for a couple of years I have always just ignored letters from dca's as my view is that if the debt was not in dispute i would have paid it by now. Anyway I have got myself one of those sd's and i have been reading post after post about how to react. not sure whether to ignore this one or not. I Would be very gratefull if someone would be able to help me as I think I am abit confused. A bit of backround, the debt is account in arrears from barclays A couple of years ago when i was in a terrible financial situation the £75 a month that barclays were charging me for the unpaid direct debits and unautherised overdraft use was crippling me and making things worse. I have never tried to get my charges back as i thought they would never go this far. Kinda thought they owe me I owe them lets just call it quits I can handle a couple of dca letters a month Please if anyone has any advise it would be very welcome.

[dx100uk]

so you have court papers that an SD exists?

 

dx

[rimmer]

Yes Just trying to scan them now

[rimmer]

Opening Page

Our Ref: XXXXXX 8th June 2009

Dear Mr XXXXXXXXX

Barclays Bank plc v Mr Simon Antony Lewis

IPSWICH County, Court. Claim No.: XXXXXXX Balance: |886.89

We regret that you have not responded positively to our previous correspondence and that the judgment against you entered on 22 FEB 07 remains unpaid. Enclosed with this letter is a Statutory Demand under the Insolvency Act 1986, which you should read and review carefully.

AII relevant information about the debt and as to how to deal and respond is set out in the Statutory Demand. It is important that you act by the deadlines stipulated. If you need help or clarification we would suggest that you seek the advice of a solicitor or a reputable debt adviser.

In addition if you have access to the internet you can go the government website ''Guide to Bankruptcy'' by logging onto: www.insolvency.gov. u|guidanceleaflets/guidetobankruptcy/guidetobankruptcy, htm If you fail to respond to the statutory demand we will be entitled to present a petition to the court seeking an order that you be declared bankrupt. A bankruptcy petition is a serious matter. Once it is issued we will not be permitted to withdraw it without the court's permission and any other creditors you have will be entitled to be heard. Significant costs will be incurred which you may be ordered to pay. Before considering this step, we are willing to give you one last opportunity to avoid possible bankruptcy. If you wish to take this opportunity you must contact us on 0870 084 3533.

We trust that this can be resolved without the need to proceed to the bankruptcy stage.

Yours sincerely

Head of Legal Services

Edited June 14, 2009 by rimmer

[rimmer]

Page 1

 

Form 6.1

Statutory Demand under section 268(1)(a) of The Insolvency Act 1986.

Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of theCourt

WARNING

. This is an Important document. You should refer to the notes entitled 'How to comply with a Statutory Demand or have it set aside' . If you wish to have this Demand set aside you must make application to do so within 18 days from its service on you.

. If you do not apply to set aside within 18 days or otherwise deal with this demand as set out in the notes within 21 days after its service on you, you could be made bankrupt and your property and goods taken away from you.

. Please read the Demand and notes carefully. If you are in any doubt about your position, you should seek advice immediately from a solicitor, a Citizens Advice Bureau, or a licensed insolvency practitioner.

Demand

To Mr Simon XXXXXXXX

XXXXXXXX

This Demand is served on you by the Creditor:

Capquest Investments Limited, Fleet 27, Rye Close, Fleet, Hampshire GU51 2QQ

The Creditor claims that you owe the sum of |886.89 full particulars of which are set out on page 2, and that it is payable immediately and, to the extent of the sum demanded, is unsecured.

By a Judgment of the IPSWICH County Court in proceedings entitled Claim No XXXXXXXX between Barclays Bank Limited Claimant and Mr XXXXXXXXXXX Defendant it was adjudged that you pay the creditor the sum of £886.89 inclusive of costs.

The Creditor demands that you pay the above debt or secure of compound for it to the creditor's satisfaction.

Signature of individual:

Name: BARRY DAVIES

Date: 8th June 2009 Position with or relationship to Creditor: Head of Legal Services, I am authorized to make this Demand on the Creditors behalf

Address: Capquest Debt Recovery Limited

PO Box No: 413

Fleet

GU51 9AR

Tel.No:

Ref:

0870 084 3533 937C84

[rimmer]

Page 2

 

N.B. The person making this Demand must complete the whole of pages 1, 2 and parts A, B and C (as applicable) on page 3.

Particulars of Debt:

The debt relates to the unpaid balance of sums due under Credit Agreement dated made between Mr Simon Antony Lewis and Barclays Bank Limited in respect of a BBA with personal overdraft number XXXXXXXX and court costs. The agreement terminated upon the failure of Mr XXXXXXXXXX to comply with the terms of the agreement and/or a statutory notice of default served by Barclays Bank Limited.

The rights of Barclays Bank Limited passed to the Creditor pursuant to an assignment dated 14 Oct 08.

The total amount due as at the date of this demand is |886.89.

Part A

Appropriate Court for Setting Aside Demand

Rule 6.4 (2) of the Insolvency Rules 1986 states that the appropriate Court if the Court to which you would have to present your own bankruptcy petition in accordance with Rule 6.40 (1 ) and 6.40 (2), In accordance with those rules on present information the appropriate coed is Ipswich County Court , 8 Arcade Street, Ipswich, Suffolk, IPI IEJ.

Any application by you to set aside this Demand should be made to that Court.

Part B

The individual or individuals to whom any communication regarding this Demand may be addressed is:

Name: Barry Davies

Address: Capquest Debt Recovery Limited

PO Box No: 413

Fleet

GU51 far

Tel No:

Ref:

0870 084 3533 937C84 part C For completion if the Creditor is entitled to the debt by way of assignment

[rimmer]

Last Page

 

How to comply with a Statutory Demand or have it set aside (ACT WITHIN 18 DAYS) If you wish to avoid a bankruptcy petition being presented against you, you must pay the debt shown on page 1 , particulars of which are set out on page 2 of this notice, within the period of 21 days after its service upon you. Alternatively, you can attempt to come to a settlement with the Creditor.

To do this you should: . Inform the individual (or one of the individuals) name in Part B above immediately that you are willing and able to offer security for the debt to the creditor's satisfaction, or . Inform the individual (or one of the individuals) named in Part B immediately that you are willing and able to compound for the debt to the Creditor's satisfaction.

lf you dispute the Demand in whole or in part you should: . Contact the individual (or one of the individuals) named in Part B immediately.

If you consider that you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individual named in Part B whom you have contacted you should apply within 18 days from the date of service of this demand on you to the appropriate court shown in Part A above to have the demand set aside.

Any application to set aside the demand (Form 6.4 in Schedule 4 of the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an Affidavit (Form 6.5 in Schedule 4 to those Rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

Remember From the date of service on you of this document: (a) You have only 18 days to apply to the court to have the demand set aside, and (b) You have only 21 days before the creditor may present a bankruptcy petition.

[rimmer]

Sorry there may be a few mistakes as i used ocr software to do it and only had a quick check. I can imagine there is a good £500 -£600 in Charges on the acount if that helps

[dx100uk]

remove your name from post #4!

 

dx

[dx100uk]

i'd get it set aside as did not receive paperwork in 2007

 

not really my game

 

hopefully one of the other motre knowlegable members will pop in.

 

dx

[diddydicky]

how was this SD served on you

 

UNLESS it was given to your personally or signed for from the postman or other delivery service it is a damp squib PROVIDED you have not and do not in any way shape or form acknowledge it's existence then you can ignore it as a scare tactic

 

if it WAS signed for (by you) or hand delivered by a process server or acknowldeged in any way (even by phone) then you must deal with it

 

hope that helps

[rimmer]

Hello yes it was sent first class through the post not sighned for att all the bit that was worrying me is that they have a county court case number. is that important?

[diddydicky]

well from your earlier posts it looks like they obtained a ccj against you in 200 and it has not been paid- were you aware of that? have you moved house since 2007?

 

secondly it doesnt really matter what is IN the letter- the fact that it was not served as it is required to be served means that if they apply for bankruptcy proceedings they have to PROVE to the court that you recveived the SD or at least that they took all possible measures to make you aware of it

 

it has long been held that simply "bunging it in the post" if not acceptable.

 

so long as you can justifiably say to the court that you never knew of the existence of a SD the application will fail.

 

Now with regard to the CCJ- whats the story on this- if you did not know you had it or it it was obtained against you at a previous address you may be able to get this set aside - first it will pay you to estabish another route as to how you came across the CCJ (you cant have found it referred to in a document that you never received can you!!)

 

do a 2 quid search on experian and equifax for your CR Files this wil show it up!

[diddydicky]

2007 even

[rimmer]

No I am sure that if i had a ccj I would have recieved something official as i file all corispondance with dca's for safe keeping i have been living here since 2006 surely a ccj would have meant bailiffs or atachment of earnings something like that?

[rimmer]

Would it be worth paying part of the debt to get it under 750 and then persue the route of getting my charges returnred to me. I am pretty sure that I would quakify for a hardship case as they are trying to take me to court. does anybody lnow if this would be the quickest and most painless option.

[shinobi101]

Would it be worth paying part of the debt to get it under 750 and then persue the route of getting my charges returnred to me. I am pretty sure that I would quakify for a hardship case as they are trying to take me to court. does anybody lnow if this would be the quickest and most painless option

 

Paying part sounds good, but if they slap more charges on then you will be back to square one.

[shinobi101]

Do they need a CCJ or anything else before they can issue a stat demand?

 

Or can they just do it?

 

Also, did you know about the CCJ?

[diddydicky]

Would it be worth paying part of the debt to get it under 750 and then persue the route of getting my charges returnred to me. I am pretty sure that I would quakify for a hardship case as they are trying to take me to court. does anybody lnow if this would be the quickest and most painless option.

 

well if you intend to get the debt under the 750 you MUST do it before bankruptcy proceedings start.

 

you need to find out about the ccj

[rimmer]

would i be right in thinking that they cant start proceedings until after the 21 days are up I will check the ccj via post today as i have tried doing a search online equifax has nothing but experian wanted more info before they will let me see my report. shinobi101 i was unaware of any ccj at all

[rimmer]

Paying part sounds good, but if they slap more charges on then you will be back to square one.

 

Would the courts allow this?

[shinobi101]

Paying part sounds good, but if they slap more charges on then you will be back to square one.

 

Would the courts allow this?

 

Don't know mate, but below 750, they can't use stat demand, so they'd have to wait until it was over 750 before they could try again.

 

They will probably accuse you of avoidance tactics. Newmans keep accusing me of that! I've accused them of the same as they refuse to provide proof of claim.

[diddydicky]

they cant start proceedings at all based on the way the SD was delivered

 

the CRA files take about 7 days

 

there is a free online service (you have to sign up then cancel straight away after you have got the free report) but at least you can download it the same day

[diddydicky]

Don't know mate, but below 750, they can't use stat demand, so they'd have to wait until it was over 750 before they could try again.

 

They will probably accuse you of avoidance tactics. Newmans keep accusing me of that! I've accused them of the same as they refuse to provide proof of claim.

 

you need to google but i am 99.9% SURE than you will find that only the original debt counts- they cannot simply add charges in order to bulk up the claim to over 750

[diddydicky]

Don't know mate, but below 750, they can't use stat demand, so they'd have to wait until it was over 750 before they could try again.

 

They will probably accuse you of avoidance tactics. Newmans keep accusing me of that! I've accused them of the same as they refuse to provide proof of claim.

 

its perfectly 100% legal to do this they can accuse you of what they like