Statutory Demand recieved . How to deal with it .

[stapeley]

HI , I today received from CQ a statutory demand . I requested a true signed copy of a CCA several months ago . But only received a copy of a application form , I maintain that this does not comply with my request and that this would not be enforceable in court . I am hopeless with forms so would welcome and help dealing with this . The court they are using is not fair away . Would a court official be available to help with the paperwork for a set aside ? I did also read that if I try and fail to make contact with the person named on the form , I believe 4 attempts are required , that this also can be grounds for a set aside . Any help would be gratefully received. .

[saintly_1]

Hi

 

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205487-capquest-statutory-demand-urgent-2.html#post2241838 very good advise given here

[stapeley]

Noticed theres no case number on the letter ??? Is this CQ playing tricks ?

[stapeley]

Phoned the court , lady said, there would be no case number yet but would not advise further .

[the_shadow]

Phoned the court , lady said, there would be no case number yet but would not advise further .

You need to read the thread that saintly has posted up there before doing anything else...

 

A stat demand is a piece of paper that ANYONE can serve on someone and then after the 21 days petition for their bankruptcy, think of it like an LBA.

 

The court has NO knowledge of the document until they petition for bankruptcy.

 

You need to get this set aside and for that you need to read the thread and post up the relevant bits of info that can help people advise.

 

S.

[saintly_1]

There wont be a case number on it as the stat demand hasn't come from the court ..... however you do need to apply to the court for a set aside

 

For this you will need forms 6.4 and 6.5 from here Forms

[saintly_1]

How was the stat demand delivered ?

[the_shadow]

For starters....

 

Who was the original creditor?

Did you receive a Default Notice? Do you still have it?

Did you receive a termination letter? Do you still have it?

Did you receive a notice of assignment from either the original creditor or DCA?

Have you posted up your application for people to comment on enforceability?

 

Have they filled out the stat demand correctly, Is the court they have listed your local court which handles bankruptcy hearings, can check on this website: Her Majesty's Courts Service - Court Information and Addresses

Is there a contact name and address/telephone listed?

 

S.

[stapeley]

For starters....

 

Who was the original creditor?

Did you receive a Default Notice? Do you still have it?

Did you receive a termination letter? Do you still have it?

Did you receive a notice of assignment from either the original creditor or DCA?

Have you posted up your application for people to comment on enforceability?

 

Have they filled out the stat demand correctly, Is the court they have listed your local court which handles bankruptcy hearings, can check on this website: Her Majesty's Courts Service - Court Information and Addresses

Is there a contact name and address/telephone listed?

 

S.

 

All these have been supplied . All they have supplied is a copy of an application form . I am sure it does not comply. The notice was delivered in normal post .

[stapeley]

I believe that as they delivered by normal post this is not the correct procedure and can be used if it went to court .

Edited August 11, 2009 by stapeley

[the_shadow]

I believe that as they delivered by normal post this not the correct procedure and can be used if it went to court .

 

 

See here for extra info on sd's

 

Legal Issues Explained - Statutory Demand

 

Also http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html has info about SD's by post.

 

You are correct that normally this is just a threat... however you can use that to your advantage to obtain costs from this company if you get it set aside.. if you dont there is the remote chance that a petition could be applied for after the 21 days.

 

S.

[stapeley]

I am going to assume that, as the SD was only sent by normal post , that its a bluff . I have no assets , I do not own a property . I live in a house with my partner and that is in her sole name . The debts are in my name only and are unsecured . The car I use is also in her name and on finance . All the goods in the property were bought by her . Do I need to prepare and get a affidavit ready stating these facts ?

[stapeley]

See here for extra info on sd's

 

Legal Issues Explained - Statutory Demand

 

Also http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html has info about SD's by post.

 

You are correct that normally this is just a threat... however you can use that to your advantage to obtain costs from this company if you get it set aside.. if you dont there is the remote chance that a petition could be applied for after the 21 days.

 

S.

If they do petition , they have no proof of any delivery date. I will presume it was lost in the post !

[saintly_1]

I would still apply for a set aside better safe than sorry

[42man]

I agree....also if there is a court named on the demand check here to see if they handle bankruptcies - CQ are well known for just putting the nearest court (as opposed to the nearest that handle BR's) it is an abuse of the process too !! - Her Majesty's Courts Service - Home so for example if you lived in Epsom (and click on 'Court Information And Adresses') and the claimant has written Epsom County Court on the demand a check shows that Epsom handle Divorce, Family, Civil NOT Bankrutpcies.....

[42man]

I would urge you to report this to the OFT too...

[stapeley]

But if I do a set aside I would be acknowledging receipt . I could wait for a petition date, then point out in court that no SD was received . I believe that is enough for a set aside.

Edited August 17, 2009 by stapeley

[stapeley]

I am going to assume that, as the SD was only sent by normal post , that its a bluff . I have no assets , I do not own a property . I live in a house with my partner and that is in her sole name . The debts are in my name only and are unsecured . The car I use is also in her name and on finance . All the goods in the property were bought by her . Do I need to prepare and get a affidavit ready stating these facts ?

Anyone ????

[the_shadow]

Anyone ????

 

 

If you have decided this is a bluff and are not attempting to set aside why prepare an affidavit? I dont understand the questioning.. sorry!

 

S.

[robcag]

 

You are correct that normally this is just a threat... however you can use that to your advantage to obtain costs from this company if you get it set aside.. if you dont there is the remote chance that a petition could be applied for after the 21 days.

 

S.

 

I would still apply for a set aside better safe than sorry

 

Why not call their bluff, protect yourself, and make a few quid at the same time?

 

As Shadow says, go for the set aside and claim costs for doing so. You could net yourself £200 or more if you do things right, and give CQ a bloody nose into the bargain.

 

Cheers

Rob

[stapeley]

Just a little unsure about the paperwork is it really as straightforward as it seems ? Surely as they have no proof of delivery ,how can they preceed ? And is it right that the person named on their side , MUST be contactable by me ? The back ground to this is , they have only ever sent a copy of a Application form .

[saintly_1]

1st class post is considered received 2 days after posting ...... no need of proof

[the_shadow]

Just a little unsure about the paperwork is it really as straightforward as it seems ? Surely as they have no proof of delivery ,how can they preceed ? And is it right that the person named on their side , MUST be contactable by me ? The back ground to this is , they have only ever sent a copy of a Application form .

 

You need to fill out two forms, possibly attach evidence and swear this in at a local bankruptcy court, the court will then give you a hearing date which you'll need to attend and if true to form the other side wont turn up.. they'll send a letter asking you to withdraw the set aside and inform you that they have withdrawn the SD. If you continue a judge will likely issue costs against the claimant for issuing spurious claims.

 

The link in post #2 explains how to do it as someone has been advised through the process.

 

Yes if there is a contact name on the form (as there has to be) and you attempt to contact that person to speak to them (ONLY THEM) and are told they are not available or you need to speak to someone else... note down their name and the time of the call... approx 3 of these and you have documentary evidence of a breach of the insolvency rules regarding stat demands.

 

S.

[stapeley]

1st class post is considered received 2 days after posting ...... no need of proof

Sorry but reading one of the links , it does seem to say that a reasonable effort has to be made to insure that the SD is delivered directly into the hands of the named.

[42man]

It is up to you of course if you want to set it aside, they can only use 1st class post IF substituted service has been granted by a judge in reading an affadavit/witness statement saying that every reasonable attempt had been made to serive it personally on you, Have you seen all the other cases on here - DCA Legal Successes - The Consumer Forums