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phasmatis

Received Statutory Demand - Advice Please

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Hi,

 

I would be very grateful for any advice as I have received a Statutory Demand this morning for a 13 year old debt. This is a very brief outline of the events:

 

I took a personal loan for just under £16k in 1996 in 1997 I got divorced and with csa demands I didn't have enough money to live and pay my debts and therfore could no longer afford the payments. My last payment was made in Feb 1997 and I have not ackowledged the debt since.

 

I have since rebuilt my life and my credit rating over the years and I have a recent copy of my credit file from experian and can confirm there are no defaults or CCJ's showing on my record.

 

I thought this debt would be Statute Barred because of the age but I received this Statutory Demand letter this morning, Am I still liable for the debt?

 

Many thanks for any help/advice.

Edited by phasmatis

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It sounds like it is statute barred and this is a complete defence.

You need to get it set aside, however a bit more info. would help to fill in the blanks.

Who set you the SD?

Who is the claimant?

How was it served, in person or by post?

 

There are lots of threads on SD's at the moment and it would help you to read up on them.

 

If you come back with the info. you will get lots of advice.

 

Martin g

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I can only presume that this is from Capquest ? Capquest will often use a statutory demand as a tool for debt collection, they are hoping you will be frightened into paying. If it was me in this situation I would be getting it set aside and claiming my costs in court - please do have a read through here as you will find plenty of threads to refer to. To be honest Capquest would know that this debt is statute barred, you should also send a copy of the demand to the Office Of Fair Trading - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes . You have to get the set aside papers in within 18 days of you receiving the statutory demand. Another debt collection agency were given a ticking off last year due to sending these out have a read here also - http://www.oft.gov.uk/news-and-updates/press/2009/20-09


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We’d love to know who has issued this... 1st Crudit/Connaught are also prone to using SDs as a collection method, which is strictly outlawed. Make sure you complain about the issuer to the OFT. You‘re in great hands already, anyway.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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