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Another [email protected] Statutory Demand


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Hi all,

Have read with great interest on the Stat Demand subjects to do with [email protected]

I have recieved one today, have downloaded the forms 6.4 and 6.5.

Only thing that concerns me is the date on the letter is 2nd August 2011 ??? is there something I am missing here or what.

The other thing is that the envelope has no date of posting on it, so I dont know when it was issued, not only the letter but also the Stat Demand has been dated 2nd August 2011 :?:, and signed by your freind and mine ( drum roll ) Mr Barry Humphries, ( sorry meant Davies, but they both play good character parts, but never themselves :lol: ).

So what I need to know is where do I go from here ?

TIA

Andy H

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You say the date of the 'letter' ? or is the stat demand dated then ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Just read it properly.....get it set aside, it is a clear abuse of process !!! and make darned sure you send a copy of it to the Office Of Fair Trading...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Just read it properly.....get it set aside, it is a clear abuse of process !!! and make darned sure you send a copy of it to the Office Of Fair Trading...

 

OK will do, have already got forms, will get them filled and keep you informed.

Thanks

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[email protected] have got themselves a time machine BUM!!!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Glol, perhaps they are saving the court time and giving tbeir own dates for the hearing ?

 

Nope! They're living in numptie land with the other DCAs and assume, allegedly, that UK LAW, statute, and precedent do not aply to them :roll:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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sHa_biggrin5.gif Not to mention World Time!

Every journey begins with a single step :):)

 

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sHa_biggrin5.gif Not to mention World Time!

 

Time...That's a difficult one for DCAs...Maybe they need a Tardis lol...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Phase 1, when you go into the image it comes up with your facebook details. I would remove it and try a different way of posting it up.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Phase 1, when you go into the image it comes up with your facebook details. I would remove it and try a different way of posting it up.

 

They have changed the way of inserting the image details on photobucket, cant seem to get my name taken off image ?

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To be honest, i wouldnt worry too much about what is written on your statutory demand as they are just very expensive toilet paper.

 

As 42man says, get it set aside, claim your costs and inform the OFT, crappyquest must be on their last nerve by now.

 

Its weird but I was beginnng to think they had thought better about sending SDs out but obviously the shared brain cell must be beginning to fade!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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To be honest, i wouldnt worry too much about what is written on your statutory demand as they are just very expensive toilet paper.

 

As 42man says, get it set aside, claim your costs and inform the OFT, crappyquest must be on their last nerve by now.

 

Its weird but I was beginnng to think they had thought better about sending SDs out but obviously the shared brain cell must be beginning to fade!

 

Perhaps not that strange. There was a thread where the well known chap from CapQuest had been specifically requested by a judge to make an appearance to explain what CapQuest were up to. The case dragged on and on, with the judge getting fed up of CapQuest not providing the court with the relevant paperwork and they issued a threat to hold CapQuest in contempt. The case was finally heard in December by another judge, who awarded the set aside to the Cagger, but not the costs. From memory this other judge according to the poster, was asked a question by the solicitor representing CapQuest as to whether it was ok for them to issue SD's.

 

Following the conclusion of this case, suddenly more posts appeared on this site advising of more SD's being issued. Call me a cynic, but is it just a coincidence that CapQuest appear to go quiet with SD's when a judge casts a spotlight and then when the case concludes they appear to start issuing again. Perhaps I am reading too much into posts on this site and drawing false conclusions.

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Okay people, have been ringing the elusive Mr Barry Davies. Was told without a reference number they could not put me through, I replied that I would give Mr Barry Davies my reference number when I speak to him but was refused again.

Next thing, I am filling out forms for the set aside but having looked on the template here : http://www.consumeractiongroup.co.uk/forum/showthread.php?263152

The affidavit is for someone who already has requested the aggreement, DN etc.

I am only just requesting these, so how would I go about writing that in to my affidavit ?

Other question is, I assume that I have 18 days from date of recieving, and not the date on Stat Demand ?

Also where do I send copy to OFT.

Thankyou all

Andy

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Mr Barry Davies not available? That’s an instant fail – a named person on an SD MUST be available for contact. Did you record the calls? The OFT would love to hear them.

 

The fact that they want the ref no is so they can pester you for payment. This is evidence that they are using the SD as a debt collection tool, not as a method of last resort. Which is why they get into trouble for using SDs indiscriminately. Deffo a report to the OFT.

“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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By the time it gets to court, it is highly unlikely that they will have produced any of the paperwork at all, let alone it being compliant....and bear in mind I have only heard of one occasion in 2 years where somebody turns up in court to represent them....

 

I would simply state that

 

Despite a request made under CCA etc etc. The claimant has not provided any agreement etc...

 

The claimant has provided no default notice in the prescribed format

 

The claimant has provided no statements for the duration of the agreement etc

 

And it is 18 days from receipt....there should be some lenience due to Christmas and the weather, but don't be tardy in getting it in..

 

As for complaining to the OFT then this might help - http://www.consumeractiongroup.co.uk/forum/showthread.php?195265-Complaining-to-the-OFT

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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To update you all, I went to see the court yesterday and spoke to a lovely lady in reception who looked over the Stat Demand, she pointed out that they have written and I quote " The debt relates to the unpaid balance of sums due under Credit Agreement dated made between blah blah blah etc" there is no date inserted so she has told me I can state that in the affidavit.

So helpful :-) as I only went there to check they do the bankruptcy petitions.

Looks good to me, and thankyou for your ongoing help and comments :-D

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Her is my Affidavit for the court.

Is this sufficient ? seems to the point but rather short.

Thanks

 

That I xxxxxxxx believe that the Statutory Demand does not comply with the rules of insolvency in that the defendant has been unable to contact the person named on the demand for the alleged creditor a Mr Barry Davies. I have telephoned the number provided 3 times, this is also a premium rate number at 10p per minute.

 

Despite a request made under CCA, no paperwork has been forthcoming, I am now forwarding a reminder letter.

The claimant has provided no default notice in the prescribed format.

The claimant has provided no statements for the duration of the agreement, and to this effect I still maintain that I do not owe any monies to this company.

The claimant has also stated in the Statutory Demand and I quote “The debt relates to the unpaid balance of sums due under Credit Agreement dated made between etc etc “ but there is no date printed on the Statutory Demand. If, as they state that monies are owed, then they should be in possession of agreement and the date it was made.

I xxxxxxxx do not admit the debt because I have no knowledge of this agreement ever being in default and have not heard of this agreement for over 10 years.

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stop playing into these peoples hands

 

if you receive a SD in the course of normal post - do NOTHING at all simply file it together with the envelope it came in

 

you could- say a week later make an application to the oc for a copy of your agreement under s78 but do NOTHINg which indicates that you received the SD

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