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hopey7

old EGG CCJ/CO sold to 1st credit, still paying - Now Going for SD **WON**

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Hi everyone,

My first post.

 

I've been reading quite a few of the postings and have been able to use them to deal with my debt issues.

 

I've recently received a statutory demand on a debt.

This creditor's solicitors have been very aggressive in their actions.

I unsuccessfully challenged a charging order on my property.

Now they have issued this statutory demand.

 

From what I have managed to gather so far from the forums and other debt counselling websites, I understand that one of the criteria to have this demand set-aside is if the client holds some security which is of a higher value than the debt.

So would the charge on my property be sufficient for this purpose?

 

Your help and any other tips would be appreciated as usual.

 

Cheers guys

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moved to legal issues


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By the way the creditor in question is 1st Credit and the debt arose with Egg bank.

 

Help pls guys and gals. Only got about 10 days to apply for a set-aside.

Edited by hopey7

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Can't help, but bumping you up to the top of the list. If things get desperate ask the site team for help by hitting the black triangle.


RMW

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reallymadwoman thanks for that.

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From what I have managed to gather so far from the forums and other debt counselling websites, I understand that one of the criteria to have this demand set-aside is if the client holds some security which is of a higher value than the debt. So would the charge on my property be sufficient for this purpose?

Yes usually but you if you are being obdurate and refusing to discuss ways of clearing the debt the petition may be allowed. You want to be able to show that you have made a serious attempt to make realistic monthly contibutions from any surplus income. Armed with a judgement (which I assume they have or they wouldn't have a charging order) the petitioner is in a strong position if you are refusing to make payments. I would get in touch with them and see if they come up with a realistic payment plan. If they don't that will work in your favour as you have at least tried to reach a reasonable solution. If you have other creditors that would be worth mentioning in your set aside too as they may be placed at a disadvantage if the bankruptcy went ahead.


"Why CCJ when you can CCA!"

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payingonlyencouragesthem,

 

Thanks for the contribution. I am making a regular monthly payment which was reduced in order to meet other creditors' commitment also. I will contact them to find out what would be satisfactory to them.

 

I wonder if I can make a counter claim at this point as I believe that PPI was mis-sold on the original loan.

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If PPI was definitely mis sold then yes you should either make a counterclaim or advise the company you WILL be seeking to reclaim the premiums and any interest by way of contractual and statutory.

 

I will try and find some information regarding set asides to see if there is anything else you can do.


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Here you go..

 

 

There are 8 key elements to an SD set asidelink3.giflink3.giflink3.gif, if the creditor fails on any point you can direct for a set asidelink3.giflink3.giflink3.gif and claim costs.

 

ideally you have penalty/unfair/PPIlink3.giflink3.giflink3.gif charges to invalidate the SD:

 

 

What is a statutory Demand?

 

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor.

Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent.

 

 

 

Why are Statutory Demands to powerful?

  • The Statutory Demands procedure is simple to implement.
  • To issue a statutory demand all you need to do is complete a form.
  • You can send a statutory demand by recorded post, without the need of personal delivery.
  • You do not need a solicitor to issue a statutory demand.
  • You do not need to pay expensive court filing fees issue a statutory demand.
  • People assume that a solicitor has been utilised so get scared and pay immediately.

What is the point of a statutory demand?

 

 

 

 

 

 

 

A statutory demands is supposed to make sure the person in debt pay the amount owing this is either carried out by paying in full or:-

  1. It is a way to get the debtor to offer his or her property as security or;
  2. It is a way to get the debtor pay up in another agreed way. Such as instalments.

When is a statutory Demand a threat?

 

  • A statutory demand is something to worry about if your debts are over, say, £1000.
  • A statutory demand is a threat if the person after the debt is wealthy enough to carry out the bankruptcy threat the whole way.
  • A statutory demand is a cause for concern if the person after the debt is bitter and angry enough to actually make you bankrupt.
  • If you are a home owner or actually have assets you are at risk of losing if you go bankrupt then a statutory demand is a threat.
  • The person you owe the money to knows you are a home owner or have assets therefore is willing to spend money making you bankrupt.
  • If your reputation is at risk by the public finding out about the statutory demand process being started against you.

How to reduce the risk of bankruptcy following a statutory demand.

 

  • To avoid bankruptcy reduce the debt to less than £750.
  • Offer to pay the debt by instalments.
  • Make a reasonable offer to settle the debt.
  • Apply to have the statutory demand set aside

The procedure to get a statutory demand set aside.

 

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

 

 

 

 

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

  • The amount stated on the statutory demand is disputed.
  • The person issuing the statutory demand also owes money. This is called a counterclaim.
  • The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  • The demand was issued in error.
  • The amount owing is less than £750
  • Execution has been stayed on a judgement debt.
  • The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  • The creditor failed to comply with the rules and prejudiced the debtor in the process.

What are the time limits to get a statutory demand set aside?

 

 

An application to set aside must be made with 18 days of the statutory demand being served.

 

What forms must be used to get a statutory demand set aside?

 

Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court.

 

Can the court dismiss an application to set a statutory demand set aside?

 

Yes, if application if there are no reasonable ground to do so.

 

 

What forms are typically used in the statutory demand process?

  1. Form no: 4.1
    Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
  2. Form no: 6.1
    Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
  3. Form no: 6.2
    Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizen8,

 

Thanks for that.

It appears that I have 3 points on which to use for the set-aside. (i) possible misselling of PPI hence a counter claim. (ii) I am currently making a monthly repayment on the debt. (iii) The creditor holds security that is of a higher value than the debt.

 

What I would like to know is whether I can still make a counter claim at this point. Would it not count against me that I didn't do so earlier? Obviously my defence is that I have only just discovered that I may have been mis-sold PPI.

 

How do I go about reclaiming PPI? I'm heading off to trawl the forum for some answers in the meantime.

 

Thanks for all the help.

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TBH, I dont know if you are able to make a counterclaim at this stage. If you are to respond to the statutory demand - within 18 days I think then I guess you would put that down as one of the reason the SD should be set aside.

 

However, I wouldnt delay responding to it.

 

You reclaim PPI by writing to the company setting out your reasons for the mis sell. There should be plenty of letters in the PPI section that you can amend to suit your specific situation. If you want to draft something, and post it here or start a PPI thread then we can proof read it before you send it out.

 

If the company rejects your claim at first then dont be disheartened, you can either ask them to look at it again or make a complaint to the Financial Ombudsman.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

 

Thanks. I will get started with the application.

 

Can I still try to reclaim PPI on this debt even though the creditor has judgement as well as charging order?

What if I find out now that the debt was unenforceable?

 

Maybe I can start a new thread on this!

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I have a debt with egg bank that is now owned by 1st credit.

The creditor obtained judgement on the debt and also succeeded in charging the debt on my property.

I didn't give in without a fight, but if I had known about this forum am sure that the outcome would have been very different indeed.

 

what I would like to know is if I can still reclaim PPI on this debt as I suspect a mis-selling.

This will at least reduce the amount owing.

 

Acan I make a CCA request at this point, with a view to establishing whether this debt is enforceable.

Even if it is enforceable there may be some charges that I can successfully challenge.

AND if I find that the debt is NOT enforceable can I successfully contest it even at this stage?

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Thanks for that Ford.

I will post any updates on my progress.

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Hopey7, I am in a similar situation. I got a judgment forthwith and now they are going for a charging order, I don't have the CCA either... I am interested in seeing how you get on. My Court case for the Charging Order is in September (Coming up).... all a bit scary - I am thinking of you! good luck

x small cat

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Also can I make a CA request at this point, with a view to establishing whether this debt is enforceable.

 

They are under no obligation to provide the original agreement once they have judgement, as the CCJ becomes your agreement which you are legally obliged to adhere to. In order to get these documents, do a DSAR & specifically refer to them. Even then they may not respond. I would suggest using one of the CPR's, some are pre court action (CPR 31.14), others will force them to disclose specific documents which you require inorder to take this back to court.

 

Debs

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smallcat, thanks for the support. I will post update on my progress.

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Debs, thanks for the input. This is the main purpose for this thread..gathering various opinions. I will check out the DSAR and CPR and post update on how I proceed.

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I am completing my application for the set-aside today. I have upto the weekend but I want to get it in today.

Can someone please tell me the significance of trying to contact the signatory of an SD. How does the fact that you are not able to contact him/her help or hinder your case?

In my case the number was going straight onto a voicemail. After the 5th attempt I managed to speak to a lady. I asked to speak to a Robert Marr. She put me through to someone else, another lady. This person told me Robert Marr was not available but that she was in a position to deal with the issue. I refused to discuss the matter with her and asked when I can call back to speak to Robert Marr. Then she said I could speak to Robert Marr. She put me through and I had a chat with this guy who claimed he was Robert Marr. I just pointed out to him that they hold security against the debt in the form of a charging order and there was no need for the SD. But he said that they will relinquish the security if they succeeded in their petition.

 

So how does the fact that I spoke to him affect my case. Any ideas.

 

I thank you all for your help so far.

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Hopey apologies for delay.

What is the actual deadline for filing ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

Hi and thanks. I have now filed the application. Hearing set for Oct 11. Still would like to know how to defend.

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Just received a copy of the defence from 1st credit.

I applied to set aside their SD (Statutory Demand for bankruptcy) and the hearing is on the 11th.

By the look of the bundle it appears they're really up for a fight.

 

My main reason for the set-aside is that they have security by way of a charging order.

The equity on the property is more than the debt.

But they are saying that I have no proof of that.

 

They also say that I have not disclosed my other creditors even though I said in my witness statement that I have other debts that am repaying.

 

Now do I need to have my property officially valued and also submit to the court a list of my other creditors?

 

All help appreciated please.

I was looking forward to the hearing but suddenly I feel weak and scared.

 

Thanks for all your help.

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Hi hopey,

Excuse my ignorance, but what is a SD?

If it is of any help to you, I recently had a set-aside hearing on a default judgment, even though the judgment was in April of this year.

1st credit sent their witness statement and used a local solicitor and whilst the district judge was a humourless and miserable sod, he tore into the creditor for their disregard for court procedures.

He begrudgingly found in my favour and the judgment was set-aside so that I can fight it, but he awarded costs of £450 to the creditor. Now thats what I call justice!!

However, the point is that no matter how good their case may seem, if you are well prepared, you can win.

What I did was to go through their witness statement paragraph by paragraph and refute what I could in writing and took it to the court prior to the hearing for the judge to look at.

Good luck.

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is this a set asside for a ccj (n244 form)

 

or

 

a set aside of a statutory demand for bankrupcy

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