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Statutory Demand


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Hi, sorry to hijack the thread.

 

Ive had a couple of letters from Capquest issuing all sorts of threats. Can they serve an SD on you if you live abroad??

 

They only have my PO Box address overseas which I gave to OC a while ago

 

thanks in advance :)

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Hi, sorry to hijack the thread.

 

Ive had a couple of letters from Capquest issuing all sorts of threats. Can they serve an SD on you if you live abroad??

 

They only have my PO Box address overseas which I gave to OC a while ago

 

thanks in advance :)

 

A statutory demand is not a document issued by the court. Leave to serve out of the jurisdiction is not therefore required. When a statutory demand is served outside the jurisdiction, the time limits for compliance (21 days) and for application to set aside (16 days) must be amended. This is done with reference to the Extra Jurisdiction Tables (Time for Acknowledgement of Service) in the Supreme Court Practice 1997, and the time is altered with reference to each particular country. [see Practice Direction (Bankruptcy: Service Abroad (No 1 of 1988) [1988] 1 WLR 461.]

 

See pages 4 & 5 http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

Edited by cerberusalert
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A statutory demand is not a document issued by the court. Leave to serve out of the jurisdiction is not therefore required. When a statutory demand is served outside the jurisdiction, the time limits for compliance (21 days) and for application to set aside (16 days) must be amended. This is done with reference to the Extra Jurisdiction Tables (Time for Acknowledgement of Service) in the Supreme Court Practice 1997, and the time is altered with reference to each particular country. [see Practice Direction (Bankruptcy: Service Abroad (No 1 of 1988) [1988] 1 WLR 461.]

 

See pages 4 & 5 http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

 

Cerberusalert,

 

In another thread I asked if a creditor could go straight for an SD and subsequently apply for a bankruptcy against a non resident, rather than try to get a CCJ.

 

In that thread you said that a creditor could not do that for the reason that the debtor was out of the country and could not therefore defend themselves.

 

In this thread, it appears that an SD can be served, and so presumably a bankruptcy would follow?

 

Which is correct please or am I missing something??:???:

 

Regards,

 

3tea

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Hi 3tea/Cerberusalert

 

This is what I am concerned about. If correct I am not suprised that CrapQuest are throwing SD's around like confetti :confused:

 

Appreciate your help in all this Cerberusalert

 

cheers

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Even though they may serve a SD it is a preliminary before they can apply for your bankruptcy. 95% of the time when they issue a SD it is purely sabre rattling and they are hoping that you will be intimidated into paying, Capquest & their ilk have already been warned in the past about issuing these.

 

For a start for them to be able to carry this forward you must have a debt of more than £750 + it will cost them in the region of £1000+, so they will have to be damn sure that you have the assets to cover it otherwise they would be likely to get 5% of sweet FA. ;) Then they would have to take into consideration all other debts you may have & where in the pecking order they are when it comes to any payment. These types of debt are at the very back of the queue when it comes to creditors.

 

To get an insight of Capquest have a read of this thread Capquest bankruptcy demand ROI - The Consumer Forums it's a similar situation to yours but in the ROI.

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Cerberusalert,

 

In another thread I asked if a creditor could go straight for an SD and subsequently apply for a bankruptcy against a non resident, rather than try to get a CCJ.

 

In that thread you said that a creditor could not do that for the reason that the debtor was out of the country and could not therefore defend themselves.

 

In this thread, it appears that an SD can be served, and so presumably a bankruptcy would follow?

 

Which is correct please or am I missing something??:???:

 

Regards,

 

3tea

 

There are some restrictions on you being

able to present a bankruptcy petition if a

debtor who lives abroad fails to comply with

a statutory demand:

 

• If the debtor lives in one of the member

states of the European Union (apart from

Denmark), you will not be able to present

a bankruptcy petition against that person

if they carry on business or earn their

living in that EU country.

 

• If the person is retired or unemployed, the

court will look at the place where they

normally live. You have to make the

person bankrupt under the law of the

country where they normally work or live.

 

• If the debtor lives in a country that is not

in the EU, or if they live in Denmark, then

you will be able to present a bankruptcy

petition only if they have lived or had a

residence here, or carried on business

here, at any time in the 3 years before the

date you present the bankruptcy petition.

The only exception is if they are in

England and Wales on that day.

 

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

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Cerberusalert,

 

I have just read through the ROI thread you mention, and you had posted this on there:

 

'Capquest are sending SDs out like confetti.

 

They can't make you bankrupt in ROI & even if they could they would fail because the SD hasn't been served properly. :wink:'

 

I am afraid I remain a little confused by all this, as on the one hand it would appear from the above post for example, Capquest can't do anything, but then you go on to say in this thread that an SD can be served, and then followed up with a bankruptcy petition if not complied with.

 

I am aware that Capquest appear to issue these as a threat tactic, but what is to stop a UK creditor serving an SD properly and then following it up with a bankruptcy petition on a non UK resident debtor?

 

Sorry for all the questions, but I am confused!!!!

 

Regards,

 

3tea

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There are a lot of variables but the nitty gritty is they can't issue a SD to anyone who has been out of the country for three years (3 months if they are in the EU) & the SD has to be be served correctly.

 

Right, fully understood now!

 

They can do it, but not after three years of non residency.

 

Assuming an SD was properly served, would a stuffed up Default Notice followed by termination of the account affect the legality of the SD?

 

I am aware that an incorrect default notice can be fatal for a creditor, even if the debtor is in the UK. I was just wondering if it could be used as an argument to set aside an SD should one be received......

 

Oh, and what does this bit actually mean?

 

• If the person is retired or unemployed, the

court will look at the place where they

normally live. You have to make the

person bankrupt under the law of the

country where they normally work or live.

 

3tea

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I am aware that an incorrect default notice can be fatal for a creditor, even if the debtor is in the UK. I was just wondering if it could be used as an argument to set aside an SD should one be received......
Yes because the amounts they are claiming are incorrect. In the case of a defective DN once they have terminated the agreement on the back of the defective DN it would be 'unlawful rescission' and they could only claim the arrears at the time of the DN not the full amount.
• If the person is retired or unemployed, the

court will look at the place where they

normally live. You have to make the

person bankrupt under the law of the

country where they normally work or live.

It means the time-frame of 3 years or 3 months is waived and they would have to use the legal system where the alleged debtor is living.
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Yes because the amounts they are claiming are incorrect. In the case of a defective DN once they have terminated the agreement on the back of the defective DN it would be 'unlawful rescission' and they could only claim the arrears at the time of the DN not the full amount.It means the time-frame of 3 years or 3 months is waived and they would have to use the legal system where the alleged debtor is living.

 

So if you are retired or unemployed, the procedure for making you bankrupt from the UK does not apply, and the whole thing has to be done under the law of the domiciled country?

 

How would that work in practice given that the debt is covered by the Consumer Credit Act 1974 in the UK?

 

I can imagine that to do this would cost a creditor a great deal of money, with no guarantee of success....

 

Regards,

3tea

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How would that work in practice given that the debt is covered by the Consumer Credit Act 1974 in the UK?
That goes back to where you are and what reciprocal agreements are in place.
I can imagine that to do this would cost a creditor a great deal of money, with no guarantee of success....
It does, so unless the debt is a very large amount & the DCA is absolutely certain there are enough assets & a strong likelihood of winning it just would not be viable for them.
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So if I do get an SD which could be the case, is it best to ignore? , judging by some other comments from others, it seems they issue them as a threat.

 

Or is it best to set aside? I haven't cca'd them yet, which I will do today. They have passed mine on to HL Legal. Do I CCA request CrapQuest or HL Legal?

 

Thanks

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