Arrows SD for MBNA card already Paying in DMP

[the_shadow]

Hi Inspace, you have 18 days to set-aside the SD from when you received it, after 21 days the creditor can apply to make you bankrupt.

 

If you are in discussions with the creditor ask for written confirmation that the SD is withdrawn, without this they can just issue a petition to the court as soon as they turn down your repayment request.

 

This thread contains details about SD's

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

Some questions:-

 

1)Was the SD sent to you or your DMC

2)I assume it was an MBNA credit card? Have you CCA 78'd them for a copy of the agreement

3)How old was the credit card?

4)Did you receive a default notice and a termination letter from MBNA?

5)The court named on the form, is that your local insolvency court?

 

This thread may also give you some more pointers about arrow and SD's

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today.html

 

S.

[the_shadow]

Ok if your going to fight this then..........................

 

First thing check your local court handles insolvency cases... click on this link The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available Find your local court and click on Get court details, in the page that comes up under Work Type check it shows Bankruptcy.

 

The fact they handed it to you by a process server usually means its more serious than sending it by post, then again they might want it to look this way.

 

Do you have access to a scanner, might be worth you scanning the form in and posting it up for people to look at, take out anything personal and the name of the court/ref numbers etc.

 

I would send a CCA to AG straight away at the address on the stat demand, you'll need to enclose a £1 postal order and dont sign the letter, CCA request can be found here, it allows them 12+2 working days so need to get it off asap, send it Recorded delivery.

 

Whilst normally this site wisely advises not to contact the OC or DCA, in this instance the ability to get hold of the named person on the SD is another bullet with which to shoot down this demand.

 

If you call and get through all you need to state is that you will be requesting your agreement from them forthwith or just that you are making sure this is a legitimate form and not a hoax, say nothing else and put the phone down.

 

If however you dont get hold of the named person log the time and date of the call and who you spoke to. Repeat a couple of more times tomorrow and document this on the form as an abuse of process for Stat Demands. You HAVE to be given the opportunity to speak to the person issuing this demand as part of the Insolvency act rules.

 

Read through the links I provided earlier as you'll get an idea of what needs to be done to get this set in motion.

 

You might want this moved to the legal section to help more, if you click on the red triangle and ask a mod to move it to the legal section, you'll find quite a few threads at the moment with people and AG stat demands

 

S.

[the_shadow]

For the CCJ you need as you say to contact the court and get the details, if no documents were served on you then you can apply to get this set aside and it'll set you back to the beginning of the claim process and you can defend properly.

 

You need to start a separate thread for that.

 

As for the stat demand...

 

Are you saying you never received a default notice at all or just not from MBNA?

 

S.

[the_shadow]

Ythey have asked for a detailed income/expenditure and assets before they can give meaningful consideration, they have stated they wont take any action for a further 7 days providing I contact them to discuss the above.

Do you own property? I cant think of anyother reason why they would come after someone who is on a DMP and paying nominal amounts to service a debt.

My question is do I do this over the phone or do I just state Im requesting my CCA from them, also do I still write to the court to get the SD set aside as I cannot reconsile the amount or the account reference they are stating.

Inspace55.

 

If you get into negotiations over the phone, ONLY do so if you can record the call, otherwise everything in writing only, its too easy for them to say something and then deny it later on down the line. Make sure you use the contact name and number on the Stat Demand, remember if you cant get hold of that named person(s) on that number then its an abuse of process that can be used on a set-aside.

 

If you request your CCA today then its 12+2 days for them to comply, this wont come back before the 18 days is over, you can however still apply for set aside out of time limit which i believe costs £35 normally, not sure if there is a reduction or nil fee for low earners. You can still put on the SD set aside though that you have applied for the agreement as you dont recognize the debt or amounts and you should get the details before the hearing.

 

If you dispute the amount unless it comes to under £750 after the disputed monies then it can still progress to bankruptcy in my opinion.

 

All just my opinions and hopefully 42man and others will supply more info...

 

S.

[the_shadow]

Forms can be found here .. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

S.

[the_shadow]

Nope not quite, you get 18 days to issue at court a set-aside.. the link above explains how to do this.

 

You will then hear back from the court of a suitable date for the hearing it could be 2-3 weeks to months away from this date I believe. Its when the court can fit you in.

 

this is a key posting from that thread, should hopefully explain it better than I can.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html#post780855

 

S.

[the_shadow]

Hi Inspace...

 

The thread that 42man provided shows how to fill out the forms, also he put up some text to use for the affidavit. You'll need to edit it to suit your needs but if you give it a go and post it up. The link directly to the text is below.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today-2.html#post2264517

 

S.

[the_shadow]

However that 1grand difference could be a file referral fee or debt collection charge by anyother name and therefore not allowed under the OFT debt collection guidelines... another thing to add into the affidavit.

 

S.

[the_shadow]

haha they've blinked

 

Ok if you sign that consent order it'll mean an end to this stat demand but they'll still chase you just not risk issuing a SD again.

 

If you dont sign you can go for the jugular and turn up at the hearing with your costs and the judge should award you them.

 

S.