Jump to content


help! husband attending court - application to set aside statutory demand


rasrcd3277
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3929 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My husband received a SD and after looking through replys posted here, applied to have the appliction set aside. also applied for details of the alledged debt (the application it's self had no details of the debt.) received no reply...given date for hearing...due tomorrow...any advice for attending court. should he be making an application for costs..got a feeling (hope) DCA 1st Credit won't turn up...looks like it's their MO.

 

still wonder how they can apply for SD without CCJ...:noidea:

 

ps. husband doesn't owe any money

Link to post
Share on other sites

afaik, an SD can be applied for without a ccj?

see here for eg

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

from the brief info you've posted, it looks like you'll be ok. yes, why not then apply for your costs given the circumstances?

imo.

IMO

:-):rant:

 

Link to post
Share on other sites

if as you say that your husb. doesn't owe any money, and the applicant has no proof of any alleged debt, then you should be ok. and their application may be seen as 'frivolous'?

imo

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

My husband received a SD and after looking through replys posted here, applied to have the appliction set aside. also applied for details of the alledged debt (the application it's self had no details of the debt.) received no reply...given date for hearing...due tomorrow...any advice for attending court. should he be making an application for costs..got a feeling (hope) DCA 1st Credit won't turn up...looks like it's their MO.

 

still wonder how they can apply for SD without CCJ...:noidea:

 

ps. husband doesn't owe any money

 

UPDATED INFORMATION.

 

ATTENDED COURT 12.00. TODAY..... JUST GOT BACK IN YES TEN MINS LATER!

CASE "STRUCK OUT"

JUDGE SAID "YOU SHOULD NOT HEAR FROM THESE PEOPLE AGAIN EVER! THATS IT OVER FOR GOOD". WHAT A RELIEF!:whoo:

 

BIG THANKS TO THOSE POSTED IN THE PAST AND FOR ALL THE VERY USEFUL INFORMATION POSTED BY CAG

Link to post
Share on other sites

it's a real shame these people can cause so much grief. we are one of the lucky ones we knew we did not owe the money (a previously disputed debt from 2007, closed after complaint) and with the help of the CAG info. put in a good defense ( if i say so my self). dispite knowing that, it still put the fear of god in us and my husband even contemplated paying them money just to make things go away.

 

organising a donatation to site.

A.:amen:

Link to post
Share on other sites

Well done. Did you ask for costs?

“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

Bless him.... he didn't! i think he was so relieved he fair ran out of the court room. i don't even think he managed to sit down long enough to warm the seat. the judge was really nice and clearly very annoyed by the DCA's actions. didn't ask any questions about the debt just struck it out and said they would not entertain any further applications from the DCA on this matter. that it was the last he (husband) would hear of this debt.

 

however....one thing this whole sorry saga has reveald. is...there is a question over if we have the right to challange a very old PPI...we took out a loan with AVCO Trust in 1994..with a PPI ( said to be a condition of the loan) when Loan re-nigotiated in 2004 (the Associates who took over AVCO) element of PPI followed with additional PPI....if that makes sense! this was then taken over by Citi - finance ( ooo did i spell that right i am sure it should be ****ty!) when they took over the AVCO loan...they(****ty) re- financed again which we had not asked for .....and this the route of all our problems ****ty sent us new agreement..without us asking for one...expecting us to just sign and return....original one was unsecured new one secured....we said get lost and asked for settlement which was way over what we thought we owed...anyhow long story....complained.. we coughed up what we thought we owed...closed account ...SD applied for........court case thrown out?

 

research seems to suggest that if we can prove the loan had an element of the origional PPI we may be able to claim..as its a case of a bit of effort and a stamp..we may chance our arm!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...