Served With Statutory demand - help please

[RwArms78]

Hi All,

 

I am looking for some help.

 

In Apr 1998 I defaulted on a Hailifax Current Account owing approx £2000. I believe I may have got a CCJ for this, I cant recall if the CCJ was for the account or a personal loan. I moved house many times and lost touch with the creditor

 

Approx 6 Months ago I registered on Creditexpert.co.uk in order to view my credit file.

 

Shortly after I started recieving letters from Capquest about this debt.

 

I have a mortgage with my wife for a new build house, its an interest only mortgage. Me & My wife were both redundant from Barclays in september

 

Today as my parents were coming into our house a gentleman asked for me and tried to hand me a letter, I refused this letter and did not tell him my name. I closed the door and he drove away leaving the letter on my doorstep ( even though door was closed )

 

this letter is a Statutory Demand under section 268(1) of the insolvency act 1986.

 

The letter gives the amount in excess of £3000 including interest accrued, it says the debt is unsecured. the demand was dated 24th December.

 

The debt was assigned to capquest Apr 2006

 

I really dont understand the rest of this letter, It does not give you anything in plain english so i would ask for some help.

 

can anyone tell me what i should do ? what is the consequences of this letter ? was he right to leave it outside on my doorstep ?

 

any help would be greatly appreciated

[UnitedFront]

When did you last make a payment or make a written acknowledgement on this account?

 

Cheers.

UF

[RwArms78]

it would probably be around 2003

[boswell]

It may be helpful to some of the experts on here if you could scan and post up the letter so they can read it fully, remembering to remove all identifying information.

What did the CF check show up as regards defaults.

Also DCA's leaving personal identifying documents on your doorstep is definately unaceptable and a breach of the Data Protection Act

Edited January 18, 2010 by boswell
typo--again

[RwArms78]

credit file showed the default in 1998. i will try to find a friend with a scanner but it may take me a while.

[boswell]

credit file showed the default in 1998. i will try to find a friend with a scanner but it may take me a while.

 

It would also be important to know if the default was for your Loan or Current Account.

[UnitedFront]

OK. If you last made a payment in 2003 then this debt would be statute barred by the Limitation Act 1980.

 

If this is the case then you can apply to the County Court to have this statutory demand set aside. I have done this in the past.

 

I'll dig out the paperwork and post it up for you so that if this is the case then you can inform the organisation that served this stat demand on you that you have applied to the court to have this set aside. Then put them to strict proof that the statutory demand is not statute barred.

 

Unless of course they did have a CCJ, in which case they would have to explain to the court why they have taken so long to act upon it. It really is important when you last made a payment and whether they have obtained a CCJ or not.

 

I've only done this once in the past, but other members who are more versed in this will be along shortly.

 

Cheers.

UF

Edited January 18, 2010 by UnitedFront

[UnitedFront]

This is the thread where we applied to have a statutory demand set aside:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred.html

 

All of the forms you need were posted by 42man with all information.

 

But wait because more experienced members will surely be along soon.

Edited January 18, 2010 by UnitedFront

[boswell]

OK. If you last made a payment in 2003 then this debt would be statute barred by the Limitation Act 1980.

 

Thats exactly what i was working towards, seeing there was a Default in 98 and no contact since 2003

[RwArms78]

thanks

 

i have downloaded the forms.

 

should i write to them first and ask for a copy of the original agreement ??

 

or do i just complete the forms and state i believe the debt to be statute barred ?

 

with the affidavit, do i need to attend a solicitors to complete that ?

 

just out of curiosity , did he serve the document correctly by leaving on my doorstep outside my door ?

 

thanks again

 

Rob

Edited January 18, 2010 by RwArms78

[Belaflat]

What was your credit report like when you viewed it.

If there was a recent CCJ, it would show. If they got one more than 6 years ago, it will have dropped off by now and as has been said, they would have some explaining to do as to why it was not enforced sooner.

[RwArms78]

i cant recall if it was on there, i cancelled during the free trial , i should have taken more notice

[42man]

Capquest are well known for sending out stat demands especially so for statute barred debts....you will find plenty of threads here - DCA Legal Successes - The Consumer Forums Capquest are hoping that you will be frightened into paying, using the Insolvency Service as a tool for debt collection is frowned upon...what makes it worse is that Capquest know full well the debt is probably statute barred.....it is appalling behaviour on their part and the OFT are gathering quite a large file on this company at the moment. I URGE YOU TO TELL THE OFT !!.. You must get this set aside within 18 days of the date it was served upon you....use forms 6.4 (set aside) and 6.5 (affadavit)....check the demand first....does it state your nearest court ? if it does just check here to find out if your local court handles bankruptcies / insolvencies - Her Majesty's Courts Service - Court Information and Addresses Also check it has the name of a person you can speak to DIRECTLY on it as well as a number....

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

 

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid. I suggest you try the number 3 times, ask for the contact name (Barry is it ?) if they won't put you through then you can write this on the affadavit, if they do put you through (highly unlikely) then just state you will be applying to set the case aside and claim your full costs back in court....

 

This thread gives you some information on how to fill out the 6.4 - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred-2.html#post1749288

 

Once you have filled out the stat demand, then what you will need to do is take it to the local court (let us know if it is the correct court - as I mentioned above you have to check if they handle bankruptcies as not all county courts do and mistakes have been made where the solicitor puts the wrong court on the demand and it is an abuse of process....

 

Once at the court, you take the original demand with you along with your 6.4 and 6.5 and ask the court to swear them in along with any other documentation, CCA request perhaps ? It might also be worth sending this letter recorded too - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Once you have submitted all the paperwork to the court (take copies) then you should wait for a date to see the judge who in all probability and with all the cases I have seen on here throw it out...Capquest are not likely to turn up...and you claim your costs against them,...

 

If you need help shout...

[DonkeyB]

If they had a CCJ, they wouldn't need to issue an SD - they would simply go for enforcement. You need the 'prove it' letter first, and ask for copies of any notice of assignment etc (if not yet received). Send these to Capquest - it will let them know you mean business. If it was a loan, then a CCA request would be in order. There's no CCA for a current account.

 

In the meantime, you must apply for a set aside.

 

It may be worth sending a subject access request to the original creditor - this will show when you last acknowledged the account, hopefully, but could take 40 days. Do you have any of your own records which would show this?

 

As mentioned, it's dangerous to claim SB if you are unsure of the timings, as it might otherwise count as an acknowledgment of the alleged debt.

 

What did the letters from Capquest say? Any notice of assignment?

 

I'm alarmed that the SD is dated 24 December - technically you're already out of time, but the service date can certainly be challenged. At least you have witnesses to the actual date of service.

 

If they go for the SD based on that date, it will cause you short-term trouble but can be fairly easily overcome - and would add to any complaint. You should also win costs!

[42man]

You can apply to set aside a stat demand, outside the timeframe, it usually costs around £30, however with the weather and the holidays, if you ring the court and ask, yo umight possibly get some leeway....

[42man]

Unfortunately Donkey, getting a CCJ first followed by a stat demand is actually the correct way to go about it !! I have seen high court law where they throw out a stat demand BECAUSE it hasn't been secured previously (although it usually applies to companies as opposed to personal debts)

[DonkeyB]

Unfortunately Donkey, getting a CCJ first followed by a stat demand is actually the correct way to go about it !! I have seen high court law where they throw out a stat demand BECAUSE it hasn't been secured previously (although it usually applies to companies as opposed to personal debts)

 

Blimey! I never knew that! Thanks for the lesson!

[RwArms78]

so if i take the forms to court will they say that i am out of time and charge me £30 ? surely if the demand was dated 24th December they should have served it earlier ?

[RwArms78]

ok forms were lodged today, i also found out that the county court had moved 5 years ago and the address on the demand was the crown court. i went along to the correct court and lodged the documents, i also added to the affidavit stating i would ask the court to consider abuse of process