To Set Aside Or Not To Set Aside Statutory Demand

[BarclaysSAR]

Hi All

 

Quick update of current events and then looking for advice.

 

Had Baclays loan and the fell behind, Barclays then sent me a defaullt notice with the following info.

 

Due on x date 200x: £579.57

Late payment interest: £13.91

Other Charges: £15

Total Due: £712.53

 

Further down page:

 

Arrears etc: £712.53

Total remaining payment: £3891.71

Less rebate allowance* : £1669.18

Outstanding balance: £3879.74

 

* The rebate is calculated on the assumption that payment is made on the date shown and reviewed if payment is not made on date shown.

 

Termination letter received:

 

Header: NOTICE OF TERMINATION

 

Arrears: £976.24

 

We now accept repudiation as termination of this agreement.

More txt etc

 

Had sent barclays a SAR over 18month ago, have proof of delivery and £10 cashed, barclays have never replied to sar.

 

It was agreed with barcalys that i would pay £50 per month and as of 3 month ago had paid £1000

 

Now out of the blue have received letter from DCA which states blah blah "The effect of this assignment is that the debt has been assigned to DCA" more blah blah.

 

Then 4 days ago receive letter stating they are "considering making an appoitment with you to arrange service of a statutory demand in bankruptcy under section 268(1)(a) of the insolvency act 1986."

 

Atfer reading this site, i know that the default notice is defective as the arrears are incorrect and the DN states outstanding balance, which is also incorrect.

 

Termination letter states arrears only, no total amount owing or date to repay ( not sure whether TN requires this)

 

Also i never received a letter from barclays telling me about Notifications of Assignment ( also not sure whether this is also required).

 

Do i tell the DCA about defective default notice or let them try and make me bankrupt and then have it set aside.

 

As i have paid more than arrears, can i make a counter claim and sue the DCA?

 

Any help on these points would be appreciated.

 

BarclaysSar

[rameses_qc]

Threats and bluster. They are talking complete crap and they know it. Have you sent the S77/78 request for info? If not, now's the time to do itIf a debt is assigned, you MUST be informed in writing - doesn't matter which party does it - if you haven't been informed, then legally, the assignment is ineffective.Yes, I think S 77/78 request is required first

[BarclaysSAR]

Hi rameses_qc

 

DCA sent me a letter saying "The effect of this assignment is that the debt has been assigned to DCA"

 

So i suppose that meets the requirment.

 

Have not yet sent S77/78 info.

Thanks

barclaysSAR

[rameses_qc]

Hi rameses_qc

 

DCA sent me a letter saying "The effect of this assignment is that the debt has been assigned to DCA"

 

So i suppose that meets the requirment.

 

Have not yet sent S77/78 info.

 

Thanks

barclaysSAR

 

Yes, as far as the law is at present, that's enough. Definitely send the S77/78 before anything else. that will clarify whether or not the debt exists, and whether they have the right to collect it

[BarclaysSAR]

Hi

 

Can anyone please tell me whether it is better to inform DCA about invalid DN, or let them take me to court and then have it set aside, or let it go all the way to bankrupcy hearing and then show DN.

 

Thanks

BaarclaysSAR

 

P.S Forgot to mention what makes a valid Termination Notice, do they need to include total amount or just arrears.

Edited September 16, 2010 by BarclaysSAR
Added info about Termination noice

[unclebulgaria67]

Use the DN issues to help with the set aside when you need to.

 

As they have terminated the account, I am not sure that it is possible to reissue a DN with the correct details, so you might be on to a winner there, if you are correct about the DN. Perhaps others will comment, as to whether this is correct.

 

As far as I know the termination notice should set out the correct details, as at the date of termination. The same rules apply to the termination notice, as they do to the DN. (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993)

[diddydicky]

it would help to post up the letters

 

we need to see the first DN and the termination letter

 

are you saying they assigned the debt after they told you it was terminated?

 

have you received a second dn/termination from the assignees

[BarclaysSAR]

Hi diddydicky and unclebulgaria67

My scanner makes lots of noise, but does not scan, so i have written out DN letter and TL below.

 

----------------------------------------------------------------------------------------------------------------------------------

 

DEFAULT NOTICE

This is a Default Notice serverd under Section 87(1) of the Consumer Credit Act 1974

Dated 06/11/2008

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Notice is hereby given that you are in arrears of payments and in breach of the specific provisions of our agreement under which you must make all payments to us punctually on their due date.

 

The outstanding payments are currently:

 

Due on 14/05/2007 £579.57

Late Payment Interest £13.91

Misc Additional Charges £15.00

Total Due £712.53

 

You are required to send payment of the full arrears direct to this office no later than 20/11/2008

 

If the action required by this notice is take BEFORE THE DATE SHOWN no further enforcement action will take in respect of this breach.

 

If you do not take the action required by this notice BEFORE THE DATE SHOWN then the further action set out below may be taken against you.

 

Failure to comply with this notice will result in us taken the following action:

 

1. Serving on you a notice, in writing demanding payment of the outstanding balance calculated as follows:

 

Arrears and accured LPI & Misc Add. Charges £712.53

Total remaining payment: 3,894.74

Less rebate allowable*: £1,669.18

Outstanding Balance: £3,897.74

 

* The rebate is calculated on the assumption that payment is made on the date shown and reviewed if payment is not made on date shown.

 

----------------------------------------------------------------------------------------------------------------------------------

Date 04/12/2008

NOTICE OF TERMINATION

Arrears: £976.24(Including Late Payment interest & misc. additional charges

 

Due to your failure to pay sums due under the above agreement you have repudiated that agreement

 

We now accept your repudiation as terminating the agreement whilst reserving our rights to damages and other sums due.

 

Without prejudice to the foregoing, you have breached the terms and conditions of the agreement. Under these terms and conditions we now give you formal notice of termination.

 

Our claims for any further sums payable by you will be submittted to you in due course.

 

--------------------------------------------------------------------------------------------------------------

 

Hi diddydicky

 

Yes they did terminate the agreement, then assign a DCA

 

DCA has not sent me a DN or termination letter, just letter of assignment and now letter threatening statutory demand if money £6500 is not paid in 21 days.

 

Now considering it was agreed with Barclays that i would pay £50 per month which i have being paying for about 2 years, there is no way i'm now going to pay a DCA £6500 when i proberbly had about £1500 left to pay.

 

Thanks

BarclaysSAR

[postggj]

Let them take you to court

 

thats a duff default notice but dont tell them that

 

is the dca crappyquest

[loanbuster]

--

Edited September 16, 2010 by loanbuster

[postggj]

Sorry loanbuster but that is duff advice

 

ive done at least 50 set assides for people from the likes of lowell and crappyquest

 

a dca like crappyquest just print them off and send the sd out like confetti

 

they are not set asside in the high court as such

 

a local county court that deals in bankrupcy petitions set them asside

 

we all have to learn but please dont give addvice you are unsure off

[BarclaysSAR]

Hi postggj

 

Thanks for the reply, yep crappyquest.

 

1 more point, never being CCJ'ed or had default on credit file, can they after 2 years put a default on my credit file even though they terminated the agreement.

 

Thanks

BarclaysSAR

[diddydicky]

Hi diddydicky and unclebulgaria67

My scanner makes lots of noise, but does not scan, so i have written out DN letter and TL below.

 

----------------------------------------------------------------------------------------------------------------------------------

 

DEFAULT NOTICE

This is a Default Notice serverd under Section 87(1) of the Consumer Credit Act 1974

Dated 06/11/2008

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

Notice is hereby given that you are in arrears of payments and in breach of the specific provisions of our agreement under which you must make all payments to us punctually on their due date.

 

The outstanding payments are currently:

 

Due on 14/05/2007 £579.57

Late Payment Interest £13.91

Misc Additional Charges £15.00

Total Due £712.53

 

You are required to send payment of the full arrears direct to this office no later than 20/11/2008

 

If the action required by this notice is take BEFORE THE DATE SHOWN no further enforcement action will take in respect of this breach.

 

If you do not take the action required by this notice BEFORE THE DATE SHOWN then the further action set out below may be taken against you.

 

Failure to comply with this notice will result in us taken the following action:

 

1. Serving on you a notice, in writing demanding payment of the outstanding balance calculated as follows:

 

Arrears and accured LPI & Misc Add. Charges £712.53

Total remaining payment: 3,894.74

Less rebate allowable*: £1,669.18

Outstanding Balance: £3,897.74

 

* The rebate is calculated on the assumption that payment is made on the date shown and reviewed if payment is not made on date shown.

 

----------------------------------------------------------------------------------------------------------------------------------

Date 04/12/2008

NOTICE OF TERMINATION

Arrears: £976.24(Including Late Payment interest & misc. additional charges

 

Due to your failure to pay sums due under the above agreement you have repudiated that agreement

 

We now accept your repudiation as terminating the agreement whilst reserving our rights to damages and other sums due.

 

Without prejudice to the foregoing, you have breached the terms and conditions of the agreement. Under these terms and conditions we now give you formal notice of termination.

 

Our claims for any further sums payable by you will be submittted to you in due course.

 

--------------------------------------------------------------------------------------------------------------

 

Hi diddydicky

 

Yes they did terminate the agreement, then assign a DCA

 

DCA has not sent me a DN or termination letter, just letter of assignment and now letter threatening statutory demand if money £6500 is not paid in 21 days.

 

Now considering it was agreed with Barclays that i would pay £50 per month which i have being paying for about 2 years, there is no way i'm now going to pay a DCA £6500 when i proberbly had about £1500 left to pay.

 

Thanks

BarclaysSAR

 

sent by first class post should have given you until 24 November 2008 therefore was 4 days short (6 days is second class) followed by termin ation letter- i hope you have confirmed acceptance of their unlawful repudiation and NOT made any payments to them since that date

[BarclaysSAR]

Hi diddydicky

 

At the time i did not know as much about my rights as i do now, i agreed at the time when they phoned me i would pay £50 per month and as such i have paid about £1000 until i got sick of DCA contacting me.

 

But as the arrears amount to £579.57 i have now paid the arrears off. I may be wrong, but as they issued a defective default then they are not entitled to the remaining balance.

 

I have not paid anything to the DCA.

 

Regards

[BarclaysSAR]

Things a getting interesting, DCA have not even given me the 21 days to reply to the threat of statutory demand, about 7 days.

 

When i have just opened my mail to find they are going to send someone to my house and serve a statutory demand, and "assess your assets" lol.

 

They have also told me costs of making me bankrupt will be £4500 and added to my debt.

 

Pretty sure only a judge can award cost.

[diddydicky]

regretably, i think you would haver an uphill struggle with claiming UR now