They will make her bankrupt for 4000 pounds, help please.

[beaconsman]

stat demand was served in person. he did harrass us as wel.

[martin g]

Good morning,

 

Please don't roll over and let these creatures abuse you and your wife.

I have fought off 2 stat. demands for an alleged debt that was nearly all penalty charges and compound interest and which the origional creditor didn't have an executed cca for anyway.

 

You are in excellent hands with 42 man who has a " catch all" defence which you can use. I am inclined to think that without documents to hand to build a defence on you should chuck in everything that could possibly be relevant and then put the other side to strict proof to produce evidence of any legally enforcable debt- I bet they won't be able to.

 

At worst it will buy you time over christmas and the new year to sort out your finances as you probably won't go near a court for 2/3 months.

 

This is much better that being pressured into allowing a charge on your home without thinking and working through the consesquences.

 

Please apply for the set aside using 42mans document and come back here for help as you need it.

Martin g

[ODC]

Beaconsman

 

I am glad to note that both you and your wife appear to have strengthend your resolve to deal with these parasites. An SD Set Aside Hearing is relatively informal and should not bcause you undue stress. You will get all the help and support you need from the many folk on here who have been successful in getting SDs set aside along with na costs order against the Leeds Losers. It is very important that you ring the muppet whose name appears on the SD and ask to speak to them. Do not speak to anyone else. If the monkeys will not put you through to the organ grinder make a note of the dat and time of your call for refernce of the court. If in the unlikely event you do get through tell his/her that you will be applying to have the SD Set Aside and have no further conversation or discussion with them.

 

Do you mind me asking but who is the alleged debt with

[beaconsman]

OK, the date on the demand is 18th nov, we doidnt get it until 27th, called the court and they said they need the set aside forms in on monday so we have the weekend to sort it out, ill b ion here askign for advice..thanks once again.

[citizenB]

OK, the date on the demand is 18th nov, we doidnt get it until 27th, called the court and they said they need the set aside forms in on monday so we have the weekend to sort it out, ill b ion here askign for advice..thanks once again.

 

As there is a degree of urgency here, if you dont get a response to your queries say within a couple of hours then hit the red and white triangle at the left side of the screen at the bottom of your name/avatar.

 

This will flag your post up for the site team.

[babybear39]

I'm very concerned about the payment your wife made under duress, was it 2004? Sorry I'm too lazy to read back lol...

 

If you can convince the court that this was the case then the debt will definately be statute barred!

 

Bloody leeds losers GRR...

[Bazooka Boo]

I'm very concerned about the payment your wife made under duress, was it 2004? Sorry I'm too lazy to read back lol...

 

Here it is BB..

she last made a payment in 2008 as she couldnt afford anymore.

[babybear39]

I meant the interim payment that could cause problems with SB.

[babybear39]

BB there was another payment in 2004?

[Bazooka Boo]

Apologies, in between the fridge and the puter!

 

This it?

one was made in 2004 and the next in 2008..thats y we thought it wasnt statute barred because my wife agreed a silly amount before we got wise to these cretins, she has had an interim order throught he post dated 18th Nov..she got off the phone and cried they were gonna bankcrupt her, they want me to agree to the charging order on our hoe as she failed to keep to her payments in 2008, she called them not me by the way...its hamptons. they have asked for 1100 now or else,..basically...have said they will make her bankcrupt on the fone...

[babybear39]

Well Hamptons can go **** in the wind 'cos they're talking BS. She can defend an SD if and when they have the bollocks to issue one

[Bazooka Boo]

*BB is disapointed that BB has lowered herself to their level*

 

What complete C####S....

[Crapstone]

They aren't going to bankrupt her...it's empty threats and they aren't going to chase good money after bad for such an amount. It puts them on the list and does other preferred creditors a favour without a guaranteed return. It's the threat that is relied upon to make you pay up...and beg borrow or steal the money to avoid the 'shame' of bankruptcy. Problem is that shame has gone and we don't bat an eyelid at it..All respect for creditors and the courts have gone out of the window.

[beaconsman]

hi, we have the forms and am going to look at them and start filling them in, are they hard to do? Thanks.

[PriorityOne]

Beaconsman, Your wife and yourself need to realise that owing money is not a crime. If your wife was to offer £1 a month on an outstanding debt and maintained those payments, the liklihood of a company taking her to court would be tiny.... because a court only asks for repayments to be made based on an ability to pay; not what a company wants. This is irrelevant.

 

I paid £5 a month on an ex-repo debt of 52K for 4 years without it ever gong to court. They knew there was no more money to fund it at the time and I knew they'd be piddling in the wind by trying to get what wasn't there.... so it continued until they got fed up and asked me to settle for a teeny, tiny sum.

 

You're in good hands with the people on this thread.... but for God's sake hang up that phone the minute you realise it's them on the end of it. Its the only way they can get away with the bowlarks they've been telling you. It would never come to you in writing because it's cr*p, simple as that. You don't need their permission to do anything.... they are debt collectors; not bailiffs. They have no right of entry into your home, can't go for a Charging Order without a CCJ (unless your wife foolishly hands it to them on a plate) and certainly can't send your wife to prison because debtors jails haven't been around for around 100 years.

 

Please tell your wife to stop fretting.... you've now made a legal request for the CCA... and can set aside any other rubbish they've sent you on that basis... and/or other grounds if by chance they do happen to produce something.

 

[beaconsman]

ok, thanks, we need help with the forms for the affadavit and the other one, 6.4 i think...is this all we need?

[PriorityOne]

Go back to post 42man's post #41 and read the thread he's posted on there for guidance.... I've not been through this particular procedure personally... so you might want to wait for 42man to back online to help you with it check that you're ok with everything.

 

It will be fine...

[beaconsman]

she is worried she will lose her job as she is a proffessional..wont say wot in case they read these...we to hand in the affadavit and ther set aside papers tomorrow and havent filled them in yet?..they have ssaid that can go for a charging order without a ccj, so we have sent them a cca, and SAR yesterday. can we fill in the affadavit stating it is statute barred or unenforceable?..she offered £50 a month and they declined.. but know we want to the chance to investigate it, so worth spending £10 on the SAR...we need help with the forms now and anything else we need to do, do we state on the affidavit that the debt is contested?

[lilly white]

Good morning.

 

Please we know how you are feeling, however please get hold of your wife and ask her to post herself it will help be assured just get her on here and we will do the rest..

 

Take controll now

 

i will keep a look out

 

lilly white

[beaconsman]

ill ask her but she is busy sorting out housework, thats y i am on here, ill ask her later, looks like we will b up late sorting this out. im thinking of going out on my motorbike to clear my head..

[Bazooka Boo]

If you need prompt help then you can click the ! in the red triangle to the left

Boo;)

[beaconsman]

thanks, i have done that, we need helpt o fill in forms 6.4 and 6.5, on the 6.4 form can we handwrite?..we dont know the date of the hearing as none is given on the stat demand so are apllying to have it set aside tomorrow..cant figure it out.

[maroondevo52]

Hi, beaconsman.

 

Site Team are aware, hopefully someone will help shortly.

 

Regards.

 

Scott.

[PriorityOne]

..they have ssaid that can go for a charging order without a ccj,

 

Yes well, they would say that... ... on the 'phone, no doubt. Stop talking to them on the 'phone and you won't have to listen to this kind of sh*t. The only way they can get a CO without a CCJ is if your wife signs and gives it to them.

[beaconsman]

well, i have to fill these in now as i have other things to do so i am goign to have to get them done as good as i can nd take them to the court tomorrow.