Quick question re loan my OH thinks hes getting an SD soon?

[molly13]

Hi,

 

Does anyone know if there has to be an enforceable CCA and DN before a DCA can issue a Statutory Demand please?

Thanks in advance...

Molly:confused:

[robcag]

Hi Molly

 

Just my opinion, but if either of the 2 items you have mentioned is defective, then as long as a CCJ has not already been obtained against the alleged debt by default etc., then a Statutory Demand will fail if you apply to have it set aside.

 

In fact I believe that by issuing a SD in such circumstances it is an abuse of process.

 

Also, how was this served?

 

Cheers

Rob

[molly13]

Hi rob

 

Thanks for quick reply.

 

This is for a loan my OH has.

 

 

No SD served yet, but he suspects that they may be about to do so, as he had a 'strange' letter this morning, saying only

"We have been trying to contact you please phone".

 

 

Well they haven't tried to contact him.

It used to be via e-mail.

 

 

Obviously he hasn't phoned!!

Seems to me it's a fishing exercise.

 

 

He had a similar letter from our friends Mortimer Clarke last year,

and unfortunately phoned them and next thing a draft Stat Demand arrived.

Anyway we soon saw them off:)

 

No Court Action at all on this account (yet), but I do believe the Agreement and DN are both defective.

 

 

Just wanted to make sure 'just in case'...

Well, we'll just wait and see.

Thanks again, take care

Molly:)