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Is there nobody who can help with set-aside issues.....


kekeeler
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Hi,

 

received advice from this forum about applying for a CCA and then applying for a set-aside
link3.gif
which I did last Friday (13th July 2010). Received a letter from the court today:

 

You application to aside a statutory demand

 

The court has received your application to set aside
link3.gif
a statutory demand. Your application will not be given a hearing date immediately. It will first be referred to a District Judge. If the judge considers that your application shows no cause for setting the demand aside. your application may be dismissed
link3.gif
. If this happens you and the judgment creditor will be told.

 

If the district judge does not dismiss your application on first consideration, you and the judgment creditor will be sent a time and date when the application will be reconsidered.

 

Yours faithfully

 

Is this standard as I've never done this before and don't know court procedure? I was advised by some people on the forum to seek a set aside
link3.gif
, despite having had a written letter from the debt collector
link3.gif
(Connaught) stating they'd formally withdrawn the stat demand, just to make sure they couldn't execute it within the 14 months.

 

Have I just dropped myself in it further?

 

Would appreciate any help for those who've been in similar circumstances...

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Hi,

 

received advice from this forum about applying for a CCA and then applying for a set-aside
link3.gif
which I did last Friday (13th July 2010). Received a letter from the court today:

 

You application to aside a statutory demand

 

The court has received your application to set aside
link3.gif
a statutory demand. Your application will not be given a hearing date immediately. It will first be referred to a District Judge. If the judge considers that your application shows no cause for setting the demand aside. your application may be dismissed
link3.gif
. If this happens you and the judgment creditor will be told.

 

If the district judge does not dismiss your application on first consideration, you and the judgment creditor will be sent a time and date when the application will be reconsidered.

 

Yours faithfully

 

Is this standard as I've never done this before and don't know court procedure? I was advised by some people on the forum to seek a set aside
link3.gif
, despite having had a written letter from the debt collector
link3.gif
(Connaught) stating they'd formally withdrawn the stat demand, just to make sure they couldn't execute it within the 14 months.

 

Have I just dropped myself in it further?

 

Would appreciate any help for those who've been in similar circumstances...

 

Sorry you haven't had any replies so far, probably because of holidays etc, so I'll try to help. Did one of these for my daughter and the wording does seem a little different from what I remember but maybe this is because the court is swamped by SD's from the likes of DCA's like Capquest! Did you set out the reasons for the set-aside as prescribed? I see that you have provided a link but can't access it, try posting on photobucket or tinypic imaging sites. Did you have it sworn in at the court?

 

It may be that is because Connaught have stated that they'd formally withdrawn the SD, but you had no choice in the matter as these DCA's often say this and don't do it so you haven't dropped yourself in it at all.

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Thanks for the help. I had a rather lengthy set-aside affidavit with text supplied by one of the CAGGERs (http://www.consumeractiongroup.co.uk/forum/showthread.php?272095-Received-an-interesting-SD-cancellation-letter-from-Connaught-Collections-Advice-please&p=3079807&viewfull=1#post3079807) which covered just about everything including legal examples. Had it sworn in court on Friday.

 

I rang the court yesterday to ask if a letter from the creditor formally withdrawing their SD was enough to cancel the set aside application and they said it was and to forward them a copy of the letter referencing the set aside case number. They then said this would be recorded against the case so hopefully the set aside will be cancelled and the reason will be officially recorded on the case file. This will cover me legally should they try to move forward with the Stat demand.

 

Thanks for getting back to me.

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Thanks for the help. I had a rather lengthy set-aside affidavit with text supplied by one of the CAGGERs (http://www.consumeractiongroup.co.uk/forum/showthread.php?272095-Received-an-interesting-SD-cancellation-letter-from-Connaught-Collections-Advice-please&p=3079807&viewfull=1#post3079807) which covered just about everything including legal examples. Had it sworn in court on Friday.

 

I rang the court yesterday to ask if a letter from the creditor formally withdrawing their SD was enough to cancel the set aside application and they said it was and to forward them a copy of the letter referencing the set aside case number. They then said this would be recorded against the case so hopefully the set aside will be cancelled and the reason will be officially recorded on the case file. This will cover me legally should they try to move forward with the Stat demand.

 

Thanks for getting back to me.

 

Thats great, I can see it now and well done for taking the iniative to ring the court, looks like you covered every angle, looks unlikely but if it does go to hearing don't forget to send your costs into court 24 hours before hearing.

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