Statutory Demand SOS can anyone help?

[sweetgirlheidi]

Hi there

Like many others so far i have been able to fend off the DCA,s etc using advice given to others on this site, but having spent the last week reading threads along the same lines as my dilemma none are identical to mine hence this plea for help so here goes my story so far:

 

Stat demand hand delivered through my letter box on 22/5/10 headed Statutory Demand under section 268 (1)(a) of insolvency act 1986.It states that that the demand is served by creditor Varde Investments (ireland) LTD, it is signed by person from Fairfax solicitors and dated 26/4/10 stating relationship to creditor as: fee earner, solicitors for Experto Credite LTD, it goes on to say that the debt relates to a CC held with MBNA and that a default notice has been served (first ive heard) and a notice of assignment has been provided (it hasnt) it lists the date of assignment as 21/8/09.

It gives details of a court for setting aside the demand and that i have 18 days in which to do so.

18 days from which date, as if its the date the demand was signed by fairfax then the deadline would have expired before the demand was even delivered?

 

Previous correspondance sent via recorded delivery by myself to MBNA in respect of the account are as follows:

 

CCA request sent 18/2/09 - no response received back

Deadline not met letter sent 17/4/09 - they sent random T&C's that didnt bare any of my personal details at all.

Account in dispute letter sent 21/4/09 - received threat of legal action back

 

Finally sent S.A.R on 21/5/09 - received no response from them untill stat demand last week followed by a letter from Fairfax quoting client as Experto Credite LTD demanding that i contact them immediately.

 

Im really unsure as to what to do next, do i contact them, or do i apply to the court stated on demand to ask to set aside, or do i do nothing bearing in mind the time lapsed between the signing of the demand and then the issuing of it and the fact the demand wasnt signed for/acknowledged in any way.

If anyone out there can help regarding this it would be very much

appreciated.x

[Valdez is Coming]

Hello Heidi....hope this will start the ball rolling in helpimg you...l'm sure some of the very knowledgeable people on this site will be along shortly to help you.

 

I am responding as l had to deal with an SD recently (l got it set aside and won costs) and have personal knowledge of a similar situation.

 

You must not ignore this. You have 18 days from THE DATE OF SERVICE in which to apply to the court to get it set aside. To do this, you need to download court forms 6.4 and 6.5, complete a witness statement and take these to yr local court that deals with insolvency (do not post them).

You can find the forms thru a search on this forum or google 'court forms'

 

If you have not had a reply to CCA request, no default notice and no notice of assignment, then you have an excellent chance of getting this set aside, but you will need to put in a lot of work.

 

Don't rely on a reply to yr SAR request as they have 40 days to action this.

 

Hope this helps for a start.....regards .......Valdez

[postggj]

have a nose

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260863-statutory-demand-cap-quest.html?highlight=postggj

[postggj]

ime looking into this and welcome comments

 

this varde investments ireland ltd is registered in the south of ireland (dublin) and not covered under british juristiction

 

any mods comment on this

 

i believe they cant bring this action as not on the uk companies house data base

[sweetgirlheidi]

Thank you for your quick responses, regarding the SAR reply they have had longer than 40 days as i sent it in May 2009!

 

Wow postggj you are on the ball! everyones comments are very much appreciated.

Edited May 30, 2010 by sweetgirlheidi

[postggj]

Ill Deal With This Tomorow

 

Keep Looking At That Link Ive Posted

[sweetgirlheidi]

Having read through the links and following advice given to others i have checked out the court listed on the SD and it does deal with bankruptcy, also im unsure if i need to send letter to solicitors/DCA requesting copy of the signed agreement or send them a copy of the original request that i sent to MBNA back in 2009? or even if i should do this at all or just apply to have it set aside?

 

im unsure of what to put on the set aside as unlike capquest my SD was hand delivered (well pushed through letterbox) also the court they have listed is valid?

also the 18 days to apply to have it set aside, is this 18 working days or just 18 days, if it is the latter then i dont have long left to apply?

Edited June 1, 2010 by sweetgirlheidi

[postggj]

ime on this for you

 

tuesday is the latest

[sweetgirlheidi]

Thank you, i can't express how much i appreciate it

[postggj]

Ive Done The Set Aside

 

Please Send A Pm With Your Email Address So I Can Send You The Forms As An Email Attachment To Take To The Court

 

On The Stat Demand , Is There A Telephone Number And Name For You To Contact Ref The Stat Demand

 

Do You Own Your Own House

[sweetgirlheidi]

Sorry for the delay in my responding, work in very busy A&E dept and had no access to internet, i have sent you a PM with email details

and answered the questions you asked regarding contact details on demand and that i do own my house (well i pay a mortgage on it!)

also on the letter i received from Fairfax a few days after the demand was served it made no mention of Varde Investments (ireland)LTD as there client but stated Experto Credite LTD as client

im abit confused as to whom the client actually is?

[pumpytums]

Sounds like Exspurto are at it again,

don't worry about Exspurto this is their latest part piece Postggj will help sort it for you.

 

Experto have tried this trick before.

 

Pumpytums

[sweetgirlheidi]

Thank you for your message its nice to know im not the only one they are picking on!!!!

 

Not really sure what is happening at the moment as i think i have run out of time to file an Set aside?

 

This whole scenario is confusing me (im probably being really thick) but what i cant work out is that they are allowed to raise a so called legal document sign and date it but then leave it a whole month before pushing it through my letter box? that says to me that as far as as the court is concerned the demand was issued to me a couple of days after fairfax raised it so im out of time which ever way i look at it? also i have not communicated with fairfax over any of this so how can they prove in court that they ever issued me the demand in the first place? sorry if im talking rubbish here but im finding it really hard to get my head around all this.x

Edited June 10, 2010 by sweetgirlheidi

[pumpytums]

Hi Heidi,

did you get this sorted ok?

 

Pumpytums

[sweetgirlheidi]

Hi Pumpytums

Unfortunately not i did message postggi with my email address etc but i think i was to late, its sods law as i had checked my thread about half hour before but then had to work all night and dont have access to internet, so i now have to await my fate i suppose, i still dont understand it all though!

[pumpytums]

Hi Heidi,

if you hear anything else post up immediately. To be honest 99.9999% of the time it's a complete bluff, and the particular company involved is known to send these things out just as that. If it was sold to that bunch of muppets it's probably unenforceable anyway otherwise MBN@ would have taken action. Another thing why would a company make you bankrupt and potentially get nothing when they could take you to court and get the lot. Because they have nothing and they know it.

 

A bit of advice always remember these debt buying companies have bought your debt for a fraction of it's total maybe as low as 10%. They are in the business to make money nothing more. So if they phone you up and start going on about how you owe it, morals, you spent it etc Always remember they want to turn £100 into £1000 where are morals in that.

 

Remember if you need any more help people are more than willing to lend a hand here. Take care.

 

Pumpytums

[TINK660]

Hi,

 

Just wondering what happened with this one as I am in exactly the same position.

 

Tink