Jump to content


Stat Demand - Amex


Baggio
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4470 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Recvd one today via 2nd class post.

 

Read differing things on the forum, some suggest they are trying it on as they only sent it in the post and did not serve it by hand.

 

Long story short, been round the houses with AIC and all the other amex cronies chasing the 6k debt, none could provide me with a credit agreement.

 

The best they sent was a application form form 2003 that did not have any prescribed terms and was not countersigned.

 

What is my best course of action please?:confused:

Link to post
Share on other sites

It would be interesting to know if the stat demand is from Amex themselves, a DCA or one of the dismal solicitors they use.

 

The action to take is the same in any case - get it set aside on the basis that you dispute the entire alleged debt, and ask for your costs.

 

Thank you very much for the response... its from Brachers.

 

Is it very difficult to get it set aside?

Link to post
Share on other sites

Set asides are easy, and you must do it, even if Brachers say they'll withdraw it - they are not to be trusted. I'm on the world's slowest computer at the moment, so can't find and post links to relevant case, but I'm sure someone else will. Alternatively, do a search on stat demands and you should come up with lots of useful info.

 

SDs were issued like confetti by some DCAs, and they are now learning that it costs them.

Link to post
Share on other sites

ok so i print these forms off, the first one is pretty straighforward

 

what do i put on the 2nd one as my argument?

 

and do i counterclaim for costs etc?

 

and do these then get sent special delivery to brachers?

Link to post
Share on other sites

HELP???

 

and do i contact brachers to let them know i will be applying for a set aside or ignore them?

 

TBH its a judgement call...

 

One of the reasons for a set aside is the being unable to contact the specific person mentioned on the SD as the contact at the solicitors. So it might help if you attempt and they cant put you through to that person.

 

Couple of threads to help..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205487-capquest-statutory-demand-urgent-2.html#post2241838

 

Also 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

 

and lastly the reasons allowable for getting the stat demand set aside:

 

The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

 

  • The amount stated on the statutory demand is disputed.
  • The person issuing the statutory demand also owes money. This is called a counterclaim.
  • The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  • The demand was issued in error.
  • The amount owing is less than £750
  • Execution has been stayed on a judgement debt.
  • The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  • The creditor failed to comply with the rules and prejudiced the debtor in the process.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

I had an SD from Westminsters/amex lasr year.They listed the wrong court house for where I lived.I followed the advice here and spoke to court clerk with forms.She advised me to put in my statement that amex had listed the wrong court house.The Judge requested that Westminsters see him in his chambers on a specified date.SD was then withdrawn.I had a few letters from them and then passed onto Drakes.More letters from then and now SRJ,so,here I go again.Some people suggest that the SD may be used just as a threat.Mine came recorded delivery,so,I took no chances.I could not deny I had not received it.It may be different for you if it was not sent by recorded delvery.

Link to post
Share on other sites

yup they have listed the wrong court just checked, my local court which they have listed does not deal with bankruptcy hearings.

 

so what do i do? fill in the 6-5 form with defence of no credit agreements, defective DN and wrong court listed?

 

do i still take this to the wrong court they have liste?

Link to post
Share on other sites

yup they have listed the wrong court just checked, my local court which they have listed does not deal with bankruptcy hearings.

 

so what do i do? fill in the 6-5 form with defence of no credit agreements, defective DN and wrong court listed?

 

do i still take this to the wrong court they have liste?

 

Nope, you have to apply to the nearest court which deals with bankruptcy proceedings.

 

Apply to have it set aside as you've stated above and the fact they have abused the process due to not filling out the stat demand correctly by naming the correct court.

 

I think 42Man has done a defence which needs to be copied to the affidavit for presentation basically saying everything you've listed (need to add the bit about the incorrect court used so abuse of process tho)

 

I'll have a hunt around for a thread with it on and link it back on this one.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

OMFG OMFG OMFG!!!!

 

guess what the silly fookwits have gone and done, they have listed my local court ( am i allowed to state which on here as they read it ??? )

 

and they got it disastrously wrong, as they have listed the name and address of the local boozer which is called X ( my district) Court House

 

unreal

Link to post
Share on other sites

OMFG OMFG OMFG!!!!

 

guess what the silly fookwits have gone and done, they have listed my local court ( am i allowed to state which on here as they read it ??? )

 

and they got it disastrously wrong, as they have listed the name and address of the local boozer which is called X ( my district) Court House

 

unreal

 

haha I'd love to see them explain that to a judge :-D :-D

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

i have triple checked this, even phoned the right court in my district and they have confirmed no such address. lol

 

should i phone amex's solicitors and ask them where i should take my set aside application as the name and address they have listed appears to be a pub called The Court House?

 

:D

Link to post
Share on other sites

ok i have now read 42 mans post, but blimey... i have to hand write all that stuff into a A4 page?

 

seems impossible, would take about 10 pages of A4????

 

You could cut and paste into the online version of the document? Just have the extra on an attachment.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

spoke to them and they immediately agreed to stop proceedings

 

jokers.

 

Oh well, personally I think you've lost out there as a) they would have been taught a lesson and b) You've lost out on possibly claiming costs from them.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Oh well, personally I think you've lost out there as a) they would have been taught a lesson and b) You've lost out on possibly claiming costs from them.

 

S.

 

could not really be bothered with the hassle to be fair, i will certainly be keeping a copy of there SD though, fooking classic listing a boozer:D

Link to post
Share on other sites

could not really be bothered with the hassle to be fair, i will certainly be keeping a copy of there SD though, fooking classic listing a boozer:D

 

Fair enough!

 

Keep it safe tho just in case they try and further enforcement action, evidence of negligence and lack of due care and attention on their end :-D

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Fair enough!

 

Keep it safe tho just in case they try and further enforcement action, evidence of negligence and lack of due care and attention on their end :-D

 

S.

 

indeed, thank you so much for your help and quick responses, top man.;)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...